Prosecutor Petitions Supreme Court in DeMarzo Matter

COURT HOUSE – “Can one commissioner in a three form of government unilaterally authorize payment to his personal lawyer in excess of $200 to prosecute a lawsuit against the municipality he serves?”
That is the opening statement of the appeal to the New Jersey Supreme Court by Cape May County Prosecutor Robert Taylor in the continuing matter of former Wildwood mayor Gary DeMarzo.
Taylor’s most recent filing is the result of the Appellate Division affirming the dismissal of the indictment previously brought against DeMarzo. That was done by Judge Albert J. Garofolo Jan. 2, 2013. The Appellate decision was issued May 2, 2014.
It all began years ago when DeMarzo was elected mayor/commissioner of the City of Wildwood. It has a three-commissioner form of government under the Walsh Act.
Some conflict arose among the commissioners regarding DeMarzo’s status as a police officer. That conflict finally ended up in court.
DeMarzo hired an attorney in his lawsuits against the city. Because he was acting in his official capacity, DeMarzo submitted vouchers for the legal bills. Also in his official capacity, DeMarzo authorized payments for $348.75. For this he was indicted on criminal charges on June 12, 2012.
An Appeals Court later ruled that the evidence presented to the grand jury was at best misleading. It overturned the indictment. Taylor filed his motion to overturn the Appellate Court ruling May 30.
Taylor’s main argument is that the court did not have a complete understanding of how the commission form of government on the local level operates and so the court committed “reversible error as a matter of law” by “allowing DeMarzo to approve the use of city funds to pay his personal attorney.”
Whether the Supreme Court will find that argument to be persuasive remains to be decided.
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.
For the Herald’s previous coverage, go to:
– http://goo.gl/LzVv6L