By PETE WALTON
Bradley Beach Mayor Larry Fox is suing the four-member Borough Council, claiming they are trying to usurp his authority.
Named in the suit are Councilmen John Weber and Al Gubitosi, newcomer Councilwoman Jane DeNoble and top vote getter in the November election Meredith DeMarco, the only candidate endorsed by Fox to win a seat in the council election.
The suit charges that “actions taken by a majority of council members” were “arbitrary, capricious [and] unreasonable,” encroaching “upon the statutory rights and duties afforded to the office of the mayor, by acting outside the scope of the legal authority afforded to those council members.”
“The mayor, therefore, requires declaratory and injunctive relief to prevent the council from taking any further action to infringe upon the statutory duties of the office of the mayor,” the suit says.
The case has been assigned to state Superior Court Judge Richard W. English, who set July 11 as the date for oral arguments via video conference.
The first specific charge raised by Fox in the suit refers to “comments made by members of council regarding changing the form of government due to frustration some council members have with the division of powers between the mayor and the council.”
The subject of moving away from the borough’s “strong mayor” form of government was raised in February of 2022 by former councilman Tim Sexsmith, one of the candidates endorsed by Fox who lost his bid for re-election in November.
“I want to get everyone to start thinking about that question – has Bradley Beach outgrown its current form of government,” Sexsmith said at the time.
The Fox suit alleges that a motion made by one of the council members in May of last year would “revise the borough code in a way that would dilute, eliminate and/or encroach upon the mayor’s legal authority to administer the operations of the borough.”
Fox said that in January of this year, three council members “rejected almost half of those appointments without any genuine reason to do so.”
The council majority approved the appointment of four professionals at its May 24 meeting.
The suit filed by Fox also claims that items have been placed on the council’s meeting agendas without his approval.
“Much discussion over the past year has focused on a lack of checks and balances,” Gubitosi said. “We all recognize it’s a ‘strong mayor’ form of government but we believe we took legislative actions that were appropriate under this form of government to better define checks and balances.”
Gubitosi, a former council president who lost his bid to become mayor in 2020, said that he, Weber and DeNoble “worked extensively” with Borough Attorney Greg Cannon “to determine that what we were doing made sense.”
“The mayor voiced his concerns and we thought we addressed his questions,” Gubitosi said. “The mayor had worked with us during the first two years of his term. He collaborated on selecting our professionals. In January of this year, he began selection of the professionals the same way.”
DeNoble said that she was provided with “weigh sheets” by Fox and the borough’s former business administrator to review proposed appointments.
“I met with other council members from surrounding towns to discuss their experience with past and present professionals,” she said. “I met with mayors as well. I attended council meetings in other municipalities. I called many professionals directly with questions. I completed the weigh sheets as requested. I did my research and submitted a list of qualified professionals that I felt would best serve the residents of Bradley Beach. I gave my advice as per the ordinances of our borough. Apparently it was not what Mayor Fox wanted to hear.”
Weber, Gubitosi and DeNoble expressed their opposition to the mayor’s proposed appointments, he did not propose other individuals who might receive the support of the council.
DeNoble said Fox e-mailed her and said her opinions on professionals were “retribution and a power grab.”
She said the mayor tried “to find a way to avoid the council’s advice and consent, at any cost.”
“We passed amendments to our ordinances giving us power to nominate professionals in the event the mayor didn’t,” Gubitosi said.
Cannon, the borough attorney, will defend the council in the suit since the members were sued in their official capacity.
Attorney Victoria A. Flynn of Holmdel, who was elected to the state Assembly last year, filed the suit on Fox’s behalf.
“This council is going to do anything in our power to not allow the mayor to use taxpayer dollars to pay for this,” Gubitosi said.