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Editorials February 7, 2007
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Discussion belonged in front of the public

We question the judgment shown by the members of the Man-alapan Township Committee to discuss the appointment of a Western Monmouth Utilities Authority (WMUA) commissioner behind closed doors on Jan. 31.

After meeting in private, the committee members came into public session and voted 3-2 to reappoint Steve Toubin as a commissioner on the WMUA.

Mayor Andrew Lucas, Deputy Mayor Michelle Roth and Committeeman Rick Klau-ber voted to reappoint Toubin.

Committeemen Joseph Locricchio and Anthony Gen-naro voted against Toubin's reappointment.

Before the committee went into closed session, a resolution was read which stated that the closed session was necessary to discuss items dealing with litigation and personnel.

We have doubts that either stated reason was sufficient to exclude the public from the committee's discussion of the WMUA appointment.

On the personnel reason, WMUA commissioners are not hired employees of Manalapan, although they are paid a stipend and do have the opportunity to receive health benefits through the sewage authority.

The qualifications of the candidates who apply for such a position should be discussed in public.

And while it is true that Frank Abate, the former executive director of the WMUA, is under federal indictment for actions he allegedly took while he worked for the sewage authority, Manalapan itself, to the best of our knowledge, is not in litigation with Abate, Toubin or the WMUA.

The committee's back-room deliberation appears to be an example of an instance when a discussion that should have been held in public could have been held in public. The public clearly had an interest in the appointment since Toubin was one of the WMUA commissioners who in recent years voted to raise sewer rates.

The explanation a News Transcript reporter received from Manalapan officials was that they were concerned that statements that might be made during a discussion about the WMUA and the appointment of a commissioner could involve Abate's legal situation and that is why the public was excluded.

Does this mean that for as long as Abate's legal situation is unresolved the members of the Manalapan Township Com-mittee will not discuss issues related to the WMUA in public? That would be a ridiculous position for the committee to take.

It seems reasonable to assume that the committee members should have known there was some public interest in this particular municipal appointment. They could have established some guidelines so that the candidates for the WMUA position would have been able to be interviewed in public.

For example, questions and comments could have been limited to the candidates' qualifications for the position, their past performance on the WMUA board of commissioners or with any other public body, and their vision for the future of the public utility.

The committee members should have asked their attorney how the appointment process could have been conducted in public, rather than seeking the broadest possible use for the limited reasons the state permits a municipal body to use in discussing something behind closed doors.