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 “Explanatory” statement unlawfully added without Council resolution

“Provides misleading and extraneous information”

“Designed to influence rather than inform”





Judge will determine next week the

fate of votes already cast:

Will they need to be discarded, redone?


Also…who will pay to fix this blunder?

  (To be decided next month)


Was it a civil rights violation?

(To be decided next month)


Most of us became aware of he inclusion of a completely unfair “explanatory statement” on the ballot when the absentee ballots were mailed on September 18.  (I published it here on September 24.)  By that time it was too late to begin a complaint against it, which I’m sure is how the administration had planned it.

But Joy DeSanctis was the fly in their evil ointment.  Thinking it was rather odd that Borough Administrator Colleen Connolly publicly discussed the possibility of an explanatory statement, but that no resolution was ever passed authorizing one, she contacted the County Clerk’s office on September 9 to ask about it.  She was told that there was an explanatory statement and she was sent a copy of it.  That gave the petitioners time to prepare a complaint and it was filed September 22.

Click on it to read it.  (Highly recommended!)Screen Shot 2015-10-03 at 5.04.55 AM


The case was heard yesterday afternoon and Judge Gummer found for the plaintiffs:Screen Shot 2015-10-03 at 5.08.41 AM

Belmar residents should be outraged at the dirty tricks…first the bundling and now this…that Doherty has resorted to over this bond thing.  This administration has absolutely no sense of fair play.  This is further cause for the bond to be REJECTED.


  1. belmarguy wrote:

    Can Matt be recalled and face criminal charges along with his clerk and other friends?

    Saturday, October 3, 2015 at 11:40 am | Permalink
  2. admin wrote:

    It’s not criminal, just really sleazy.

    Saturday, October 3, 2015 at 11:48 am | Permalink
  3. Teddy Ehmann wrote:

    For those seeking office as a Belmar Councilman, It shows just how out of control things are when the appointed
    act without the elected on legal matters.

    Saturday, October 3, 2015 at 12:31 pm | Permalink
  4. linlee wrote:

    Thank you Joy Desanctis and all the people who were plaintiffs in this action. Your ongoing advocacy for the residents and town of Belmar is recognized, and your vigilance and fearlessness in fighting a malicious and malevolent administrative team has my deepest respect and gratitude.

    Saturday, October 3, 2015 at 12:33 pm | Permalink
  5. Tom Dilberger wrote:

    The bad thing about all of this is that it won’t amount to a hill of beans. This administration won’t be deterred from their next nasty bit of business in the least. These type people never stop until stopped.

    Saturday, October 3, 2015 at 2:23 pm | Permalink
  6. Anonymous wrote:

    Beans, beans and more beans add up. Fact patterns elucidate not obscure.

    Saturday, October 3, 2015 at 4:15 pm | Permalink
  7. Belmar Voter wrote:

    Let me see, if I got this right. The judge agreed with citizens DeSanctis, Corea, Seebeck, Dean and Bean ( I know that rhymes ) and against Councilwoman Nicolay, Public Figure Burke, the Mayor of course and the truly elected Mayor.
    Do I have it right?

    Saturday, October 3, 2015 at 4:20 pm | Permalink
  8. madame.snark wrote:

    Why am I not surprised by the sneaky application of language to do the administration’s sneaky business? Perhaps now the evidence will catch up with the perpetrators. “Arbitrary, capricious, unreasonable” – I love that.

    Saturday, October 3, 2015 at 4:57 pm | Permalink
  9. Eugene Creamer wrote:

    when I first read the “Explanatory Statement” …. here on Dave’s website …. my first take was it insulted the court by pre-judging matters being considered by the court …. I’m glad the Good Judge knows how to deal with the arrogance that we endure.
    Thank you Plaintiffs & 7th Avenue Attorneys.

    Saturday, October 3, 2015 at 5:30 pm | Permalink
  10. OLD MAN wrote:

    In all my life (LONG TIME) I have never seen anything like this before. It will end when everybody is removed. Now for a big glass of red wine

    Saturday, October 3, 2015 at 6:03 pm | Permalink
  11. madame.snark wrote:

    #10 Cent’anni. I’ll supply the bottle when the scoundrels are voted out.

    Saturday, October 3, 2015 at 6:31 pm | Permalink
  12. niccolo' wrote:

    REMINDER: Arrogance will be dealt with in time. It is well known that Judges have been vilified from the council dias in the past. And, hubris has a way of reflecting back from the pool in an inhospitable manner.

    Saturday, October 3, 2015 at 8:16 pm | Permalink
  13. Katrina wrote:

    ANOTHER ruling in favour of the citizens of Belmar who stand up to our Mayor and Council. As a petition committee member I was appalled at the wording of explanation on the ballot. Thank you Plaintiffs and Attorneys for your perseverance and due diligence. We are lucky here in Belmar that we have a large group of concerned residents that will not accept the distortions and misinformation our Mayor consistently puts out. Please tell your friends and neighbors about this latest win for the “element”

    Saturday, October 3, 2015 at 8:31 pm | Permalink
  14. elemental wrote:

    The Borough attorneys must be asleep on the job. I wonder if they were actually party to that explanatory statement.

    Sunday, October 4, 2015 at 3:05 pm | Permalink
  15. Anonymous wrote:

    The 11/03/15 pavillion ballot question purportedly to be a “plain language interpretation” was clearly prejudicial. It was intentionaly framed that way by the current Belmar Administration to deliberately mislead the voter.

    Sunday, October 4, 2015 at 7:23 pm | Permalink
  16. Guest wrote:

    If the borough attorney thought this explanatory statement was legal then perhaps his office should foot the reprinting bill. More bad legal advice.

    Monday, October 5, 2015 at 5:38 am | Permalink
  17. Anonymous wrote:

    Put that law firm on notice immediately. Their carrier should not balk at paying for the new Monmouth County Board of Election mailing of ballots.

    Disaster or errors and omissions question yet again and again and again? They need a proof reader at the very least or simply stop reading the “stupid schemers” Guide to Governing.

    Monday, October 5, 2015 at 10:25 am | Permalink
  18. An Observation wrote:

    The entire corrupt democratic party and the Boro attorney should be sued and held financially responsible for their unethical and unnecessary expenses to Belmar.

    Monday, October 5, 2015 at 4:06 pm | Permalink
  19. Anonymous wrote:

    Where is the 2014 Audit? Do we have to wait a year for it? Think that is ridiculous but then I am just a resident and have no idea what I am talking about. (being sarcastic) Primarily concerned about Auditor’s finding of 2013-3 that adequate funding should be in place prior to commitment of an ordinance, and yet there are still deficits, according to Auditor, noted in some areas (departments/utilities). This was a recommendation in the 2013 Audit that I happened to see on the Borough Website. I am. by no means, a financial wizard, but sure makes sense to me. Don’t do, if you don’t know, if you have the money to pay for it, whether it be grants or residents. We have a right to know. Simple common sense by this Accountant, plus, no doubt, Law. My dollars, your dollars, it’s our dollars. Respect that Belmar officials. Think before you act. Just because we live here, at the Jersey Shore, doesn’t mean that a quart of milk and loaf of bread doesn’t mean less to us to purchase than someone living elsewhere. Wake up and smell the salt sea air.

    Monday, October 5, 2015 at 9:03 pm | Permalink

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