At a Cape May City Council meeting July 19, a representative of the city’s Taxpayers Association called on the governing body to act regarding the distribution of over $100,000 in Affordable Housing Trust Fund monies in bonuses to six city employees in 2020. Why, in August 2022, must a city taxpayers group still be pressing the city to recover funds paid out inappropriately two years ago? The first payments were made in September 2020, marking one month from now their two-year anniversary.
Part of the reason the question must still be asked is that the city has refused to provide even the slimmest information on the status of the controversy and litigation surrounding use of these funds. Lawyers are paid to give advice and that advice is almost always to say nothing,but the city’s governing body has an obligation to its constituency to keep the public informed on matters of public concern. A lawyer’s advice cannot always trump that obligation.
In February 2022, the city hired a special counsel to work on the issue of the use and distribution of these funds. The city’s Solicitor Christopher Gillin-Schwartz has been in his role since the first day the current administration became aware of this use of funds in January 2021. Is it possible that these two attorneys are incapable of putting together a status report for the public that does not do major harm to any litigation or action underway? It is more likely that the council has been passive on this point and has not demanded such a report for public consumption.
In November, three of the council members who have been with this controversy from its inception are up for reelection, along with a fourth who is filling an unexpired term created when Councilman Christopher Bezaire resigned after pleading guilty to stalking and contempt charges. We have stated in the past that the current council now owns this issue. It is no longer just a holdover from a previous administration. Little did we suspect that the current council could all run out their terms of office with the controversy still unresolved.
The fact that terms are expiring is evidence in and of itself of how long this issue has languished. The city would undoubtedly say, if it said anything, that efforts are ongoing to resolve the matter. Yet, there is no public evidence that any of the funds have been reclaimed and paid back to the trust fund.
In November 2021, Gillin-Schwartz said the issue of this use of trust fund monies for city bonuses “has not fallen into the abyss.” Eight months later, one might beg to differ.
City officials like to cite all that they did in sending the controversy on a whirlwind tour of the state. The state Department of Community Affairs was consulted, as was the Cape May County prosecutor. But that all ended over nine months ago. This all left the issue where it has always been, a responsibility of the City of Cape May. It was a city regulation concerning the proper use of these funds that everyone agrees was violated when council never approved the disbursement.
Gillin-Schwartz often finds himself as the spokesperson for a mute council. In February 2022, he informed the public that this is “a complex matter that requires time and care.” There was no explanation given for what makes it so complex. In June, Gillin-Schwartz emphasized that the city was working diligently to resolve the matter. Yet, the public is left to wonder what the parameters are for “resolving” the matter.
This has gone on long enough. What the Taxpayers Association said at the recent council meeting is that the city needs to take immediate action to recover the funds. Is recovery of the funds still the city’s goal? Two of the individuals who received bonus checks totaling almost $17,000 are high-ranking members of the city administration. What message are we sending?
Yes, it is important to treat aspects of any litigation confidentially,but Mayor Mullock needs to understand that it is equally important to inform the public on what is being done. One imperative cannot always trump the other.
It is time for city officials to resolve the issue or tell the public why they can’t. That is a discussion we need now, not after the November elections.
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Bible Quote: Do your best to win God’s approval as a worker who doesn’t need to be ashamed. From 2 Timothy 2
