Judge Dismisses Byron’s Suit

WILDWOOD ─ In an Atlantic City courtroom Oct. 9, Superior Court Judge Michael Blee dismissed Wildwood City Commissioner Peter Byron’s suit as “disingenuous” against Mayor Ernie Troiano, Commissioner Anthony Leonetti, and City Administrator Christopher Fox. 
Represented by attorney Alain Leibman, Troiano, Leonetti, and Fox maintained their position that the decision to remove four departments from Byron was not politically motivated.
Stretching back to the introduction of the 2018 municipal budget, the scope of Byron’s suit is not whether the commission could remove his departments, but how the process was carried out and reasons behind the decision.
“I never said it was illegal,” Byron told the Herald Oct. 19, referring to his departments’ transfer.
Due to his stance on the city’s financial situation, Byron said fellow commissioners took the step as “political retribution.” Byron added that his reputation had suffered because of the court’s ruling.
The Herald spoke with Leibman Oct. 16 and asked questions, including how resolution items can be added to agendas.
According to Leibman, state law allows late items to be added to proposed agendas after proper notice is given to the public. City Solicitor Mary D’Arcy Bittner concurred with Leibman, saying resolutions are often added.
Bittner told the Herald the City observes the same processes it has since, and before, her becoming solicitor in 2013.
On May 29, the city held a meeting after the budget was recessed at the previous commissioners’ meeting. According to City Clerk Christopher Wood, he was not in favor of the resolution (transferring departments from Byron) being added to agenda and did not know the resolution would appear.
According to Wood, the final decision rested with Bittner.
Bittner claimed she never told Byron that a resolution could not be added. Yet, during the May 29 meeting, Byron asked commissioners repeatedly why he was “stripped” of his departments and why he was told, by Bittner and Wood, a special event permit resolution could not be added.
Wood told the Herald he never expressly said the resolutions “could not” be added, but did not think the action appropriate.
In Blee’s ruling, the judge addressed Byron’s claim regarding lack of notice and said documents presented by the city showed that both resolutions (realignment and the special event permit for Hobie Cats) were “discussed and acted upon by the governing body.”
“This court recognizes the importance of public notice,” Blee wrote in his memorandum, “and has some reservations regarding the specific lack of notice of these resolutions before the public meeting.”
Byron has told the Herald on multiple occasions that he was not aware of the realignment before the May 29 meeting.
According to Leibman, Byron’s suit is “frivolous” and, in a recent Press of Atlantic City article, said, “his clients are pleased that the court rejected all of Mr. Byron’s allegations of misconduct and found that the board did nothing wrong when Mr. Byron was outvoted on a routine reallocation of supervisory duties.”
A conference call on Oct. 26 will finalize Byron’s next steps. Leibman said the lawsuit has “wasted” taxpayers’ money and Byron may be obligated to pay the city’s court fees.
In past years, city commissioners have realigned departments in executive sessions, as testified by Mayor Ernie Troiano and Byron.
Byron told the Herald he does not contest the realignment but how the process came about: in a meeting originally intended to discuss the city’s budget.
“However, the public clearly had notice of the meeting which included the introduction and approval of the 2018 Municipal budget,” Blee wrote, “and the issues of realignment of offices could be connected to the passing of the budget.”
Both Troiano and Leonetti claim the realignment was not in response to Byron’s position on the budget. 
City taxpayers face a municipal tax increase of 10 cents per $100 of assessed value to $1.443, according to the 2018 Cape May County Abstract of Ratables.
Byron said he never wanted financial compensation from his lawsuit, only the truth.
To contact Rachel Rogish, email rrogish@cmcherald.com.