Judge: Wildwood, Morey Organization Can Work Together

WILDWOOD – The EDM (electronic dance music) concerts, once scheduled for Wildwood’s Fourth of July celebration, sound like a distant memory in Wildwood. For The Morey Organization Inc., EDM concerts represented a greater issue: the timely dissemination of public records (OPRA).
Past commissioners’ meetings dealt with pursuing the organization BeachGlow, the EDM concert promoter, for a series of concerts and other beach events for the 2015 season and beyond.
However, when the Jan. 28 meeting commenced, a letter by William Morey chief executive officer of Morey’s Piers, encapsulated the opinions of many residents and Boardwalk business owners concerning the proposed EDM concerts.
According to Morey, the 2014 concert was “marred by repeated loud and offensive profanity.” Morey went on to add that the “concert also exhibited widespread underage drinking, suspected illegal drug use, and other bad behavior.”
BeachGlow’s EDM concerts ultimately relocated to Atlantic City for its 2015 venue.
However, on Jan. 15, an affiliate of the Morey Organization filed litigation against the City of Wildwood and several city officials, including Mayor Ernie Troiano, Commissioners Anthony Leonetti and Peter Byron, and Christopher Wood as city clerk.
According to the Morey Organization, city officials violated the Open Public Records Act (OPRA) by delaying a request for specific documents concerning the EDM concerts.
A second piece of litigation came to life Feb. 14 in regard to the Open Public Meetings Act (OPMA); both pieces of litigation charged the city for not providing “adequate notice of what was planned for two key city meetings about the EDM events, one on Dec. 31, 2014, and the second on Jan. 28, 2015.”
Steven J. Fram represented both companies in the lawsuits and Mary D’Arcy Bittner represented the city in those proceedings. 
The heart of the matter centered around one theme: failure to provide information.
Wildwood objected, yet the OPRA complaint requested that the court overrule and compel the city to produce “emails, other documents, and impose fines and award attorney’s fees.” According to the complaint, Wildwood did not produce the requested paperwork until 30 days after the initial request was filed Nov. 25.
Bittner, however, said that “the city did not have to produce a single document requested in the complaint.”
Although EDM concerts did relocate to Atlantic City, The Morey Organization felt it was important for the city’s leadership to be held accountable. “The public can benefit,” said Fram during an interview. “The alleged violation of withholding information and secretly adding pro-EDM presentations to the agenda affects matters of principle.”
Superior Court Judge Nelson C. Johnson presided over the hearing in an Atlantic City courtroom April 30. After Wildwood agreed to comply with both OPRA and OPMA and the EDM concerts were cancelled, both sides agreed to resolve the matter “to the satisfaction of all parties and the benefit of the public,” as suggested by the court.
According to the consent order, as designated by Johnson, “if the city determines that any OPRA request is vague or overbroad or otherwise cannot be complied with, it shall advise the requesting party in writing within four business days after receipt of the request and shall explain the basis for its position.”
Johnson, in a letter to counsel, wrote, “Your willingness to work with one another and with the court saved your clients considerable legal fees.” Johnson went on “that both the city and The Morey Organization can work together in the best interest of the community.” The consent order went into effect June 26 as ordered by the court.
In a July 16 telephone interview, Fram made it clear that the consent order was by no means a “win” for the City of Wildwood.
 In a previously released statement, Fram expounded on the importance of the “Sunshine Law” so “that citizens and the media (can) play a watchful role in curbing wasteful government spending and guarding against corruption and misconduct.”
The New Jersey Legislature has also commented on the OPMA, stating that “the right of the public to be present at all meetings of public bodies, and to witness in full detail all phases of the deliberation. . .is vital to the enhancement and proper functioning of the democratic process.” 
To contact Rachel Rogish, email rrogish@cmcherald.com.