JACKSON TOWNSHIP, NJ – New Jersey Attorney General Matt Platkin and the Attorney General’s Office won a decision in Ocean County Superior Court against Jackson Township and Mayor Michael Reina to force the township to turn over documents related to the state’s civil rights case against the municipality.
Reina is the last remaining elected official still serving in office that was involved in crafting and signing those laws. Under Jackson’s form of government, the mayor signs ordinances voted on by the council. The mayor can veto a council ordinance, but it can easily be overturned with a 3-2 majority council vote.
The new township council, under the leadership of Council President Martin Flemming, successfully entered into a consent agreement to settle the case with the federal government that allowed Orthodox Jewish residents whose rights were violated by the township’s ordinance to seek monetary compensation from the township.
Superior Court Judge Francis Hodgson has ordered the township to meet with state civil rights investigators to inspect documents related to ordinances created by the township that the state alleges were enacted in an attempt to dissuade Orthodox Jewish residents from moving to the town.
Those ordinances included a school and dormitory ordinance that sought to limit the placement of schools and dorms in the township.
This month, Flemming, who is running for the office of mayor in Jackson, sought to capitalize on the matter and has begun heavily courting the Orthodox Jewish bloc vote to support him in November’s election. Flemming met with prominent Lakewood developer Mordechai Eichorn and Jackson VAAD leader Mordechai Burnstein at a private political campaign fundraiser held at Pine Barrens Golf Club, also owned by Eichorn. Flemming is anticipating the support of the Orthodox Jewish community, which has been at odds with Reina over the ordinances enacted by the township.
Under a consent agreement with the Department of Justice, the Jackson Township Council rescinded the ordinances which were drafted by the previous council and signed into law by the mayor.
The state claims Jackson Township is dragging its feet and not cooperating with the investigation being conducted by the Attorney General’s Office. The township contends they have adequately complied with all requests for discovery except one.
“Additionally, the defendants’ responses and objections to four of the plaintiffs’ requests are improper and evasive. [NJ OAG] seeks documents and descriptions of Defendants’ actions to address or combat anti-Semitism,” the New Jersey Division on Civil Rights claimed in a court filing. “[OAG] asks about defendants’ processes for receiving and investigating various types of complaints at issue in this case, and asks about permitting and other requirements for erecting temporary accessory structures. We have met with defense counsel and discussed these four requests and what we view as the defendants’ improper responses numerous times in an effort to address and resolve such issues. It appears we have reached an impasse and that court intervention is warranted here as well. Given defendants’ repeated and ongoing failures to comply with both mutually agreed-upon and court-ordered discovery deadlines in this case, plaintiffs respectfully ask that Your Honor assist us in addressing these four disputed requests.”
Judge Hodgson sided with the state investigators and ordered the township to comply with the state’s continued requests for discovery in the matter that has already been settled at the federal level.
The letter was signed by Eve E. Weissman, Deputy Attorney General under Matt Platkin.
