Commissioner Can Keep Job

WILDWOOD — Superior Court Judge Joseph C. Visalli issued a decision July 13 that said while Gary S. Demarzo can’t simultaneously serve as a member of the city’s Police Department and commissioner, he is allowed to serve in government while on an unpaid leave of absence from the police department.
“I appreciate the out-pouring of community support and thank Superior Court Judge Joseph C. Visalli’s close scrutiny of this situation,” DeMarzo said in an e-mailed statement. “The ruling sets forth a base-line that all involved parties can draw from.”
According to the judge’s ruling DeMarzo is prohibited from vot-ing on a range of issues likely to present a conflict of interest, such as city employee contracts.
Visalli ordered that DeMarzo “recuse himself on all issues relating to budget items, conditions, terms, salary, benefits, discipline, contracts and litigation relating to and involving the Wildwood Police Department and all members thereof, the Fraternal Order of Police local bargaining unit (Lodge #7) and/or involving all other Wildwood city employees working under collective bargaining agreement including but not limited to the UAW Local 2327 and FMBA Local 50.”
He also ruled that DeMarzo must recuse himself “from all matters involving appointments and compensation of the municipal judge, municipal prosecutor, public defender and/or their firms” and “from all matters dealing with the funding for any budgetary line item relating to matters of litigation that directly or indirectly affect the Wildwood Police Department.”
The judge required that the city solicitor and city clerk meet be-fore each regular com-mission meeting to decide what agenda items will present a conflict for DeMarzo.
DeMarzo, who garnered the second-highest votes in the May 8 election, is currently on administrative leave without pay from the police department. Ac-cording to city records, the 40-year-old commercial helicopter pilot earns about $71,000 per year as a police officer and will make $20,600 per year as a commissioner.
City attorney Matthew Priore argued during the June 22 hearing that DeMarzo would be faced with numerous conflicts that unpaid leave wouldn’t remove.
According to Priore, Wildwood’s form of government is “unique,” because the three com-missioners have no “buffer,” such as a city administrator, between themselves and employees.
“They have complete control over the affairs of the municipality,” he said.
“This isn’t about whether Mr. DeMarzo can handle the pressure or make the right decisions,” said Priore. “It doesn’t relate to his integrity, but rather what is in the best interest of the public trust.”
“No one person should be able to make all those decisions,” he added.
DeMarzo said that he has “sacrificed greatly to make that deep commitment of public service. The community has placed upon me their trust and in turn deserves my unyielding devotion and dedication.”