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Joy DeSanctis wins OPRA

lawsuit against Borough.

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Belmar ordered to produce

all emails with FEMA since Sandy

and pay plaintiff’s legal expenses.

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OPRA requesters can’t be expected to know

email specifics when making requests.

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Full accounting of “$5.4 million” FEMA award now possible.

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Statement from her attorney:

I was confident that Ms. DeSanctis submitted a valid OPRA request and that we would prevail. There was a published appellate opinion that mirrored her request almost exactly, but Belmar insisted that she somehow had to identify the specific names of its officials who communicated with FEMA. The problem with that is that Ms. DeSanctis has no way of knowing which Belmar employees are tending to FEMA matters, but Belmar certainly did. The Custodian refused to simply ask the Borough Administrator or department heads who might have corresponded with FEMA and instead just denied the request.

 

Plaintiff’s brief for yesterday’s court hearing:Screen Shot 2016-06-04 at 5.30.10 AM

 

FLASHBACK!   More Monmouth Musings covers lawsuit’s filing in March:Screen Shot 2016-06-04 at 8.43.08 AM

 

Everybody together now: THANK YOU, JOY!

 

30 Comments

  1. Teddy Ehmann wrote:

    Thank you Joy. Timely knowing the mayor’s and Connolly’s support of crooked Hillary.
    The Freedom of Information Act exists to protect “we the people”. Thank you as always for going the extra mile for all of us.

    Saturday, June 4, 2016 at 9:17 am | Permalink
  2. Thank you Joy! wrote:

    Way to Go!

    Saturday, June 4, 2016 at 9:21 am | Permalink
  3. A Voter 2 wrote:

    The expenses should be also paid for by the Mayor, Council Members, and the entire Democratic party members they are all aided and abetting.Hey you smug Democrats you want to play with fire? You will get burned!

    Saturday, June 4, 2016 at 10:11 am | Permalink
  4. Katrina wrote:

    DOREHTY AND CREW DO NOT BELIEVE ANY LAWS REFER TO THEM!! It’s ok to ignore, divert, break, any laws THEY think are not convenient for their agenda Then “lawless Matt” has the audacity to say things like. “Who sues their own town?”
    The question from law abiding citizens (either Dem Repub or unaffiliated ) should be “HOW CAN ANYONE SUPPORT DOREHTY and Crew when they continue to ignore the rule of law?
    Thank you Joy DeSanctis. You have been steadfast in trying to stop this unlawful manipulative behavior, and I might add, at a very high cost of degradation !! Wait till we find out what’s in those email records about FEMA. ITS GONNA BE UGLY!

    Saturday, June 4, 2016 at 10:52 am | Permalink
  5. Psych MD wrote:

    As a fellow Democrat I have found the Mayor and Council’s narcissistic behavior to be very disappointing. If the Mayor and council had checked their far extreme polices at the door, and acted like responsible individuals,Belmar would not be the subject of lawsuits, and unethical behavior. If that had happened they would have the respect and admiration of all of the residents, not just a handful of people that don’t seem or care to know right from wrong.

    Saturday, June 4, 2016 at 10:56 am | Permalink
  6. Ms. Sarcastic wrote:

    I bet there are no emails. They got Hilliary’s IT guy to erase the damaging emails. I have a hunch that before the Convention she will be indicted.

    Saturday, June 4, 2016 at 11:16 am | Permalink
  7. LOUD, clear, and sincere … thank you, Joy.

    Saturday, June 4, 2016 at 11:56 am | Permalink
  8. Just Passing Through wrote:

    Does Fema request, or is there a law that requires the recipient of Fema money to forward a full verified report of how the money was spent, or do they just send the check no details required?

    Saturday, June 4, 2016 at 12:15 pm | Permalink
  9. A Voter 2 wrote:

    If there is any misappropriation of Fema money,that would be a felony.

    Saturday, June 4, 2016 at 12:22 pm | Permalink
  10. belmarguy wrote:

    No comment Claire? You’ve been very quiet as of late, besides putting the “Vote for Matt” article in the asbury park press.

    Saturday, June 4, 2016 at 12:49 pm | Permalink
  11. Wow wrote:

    I wonder if any money went to Home by Summer or if it was all donations or both. Like to see what is going to come out of this.

    Saturday, June 4, 2016 at 2:07 pm | Permalink
  12. Nutz wrote:

    I wonder if the 5.4 million includes all the new boro vehicles that were said to be destroyed by sandy so new ones were bought and then FEMA said we will not pay you for the new vehicles so miraculously some of the sandy damaged vehicles were able to be fixed. So if the 5.4 mill includes the new vehicles then that is a lie

    Saturday, June 4, 2016 at 2:22 pm | Permalink
  13. HMM? wrote:

    “The Custodian refused to simply ask the Borough Administrator or department heads who might have corresponded with FEMA and instead just denied the request.” Are you sure it wasn’t the BA who warned/ordered the Custodian not to ask…

    Saturday, June 4, 2016 at 2:26 pm | Permalink
  14. Just saying wrote:

    Any deleted emails will be restored by a federal jurisdictional agency. Those who commit crimes to hid criminal behavior usually are the first to be prosecuted.

    Saturday, June 4, 2016 at 2:56 pm | Permalink
  15. Bill Straus wrote:

    Thanks Joy, you are a true patriot. I would not be surprised if those emails never appear. We should all be prepared for that. I guess we would have to OPRA FEMA at that point.

    Saturday, June 4, 2016 at 3:21 pm | Permalink
  16. Anonymous wrote:

    Inspector General has this case in their sights too.

    You never know if you have a squeaker amongst you.

    Saturday, June 4, 2016 at 3:39 pm | Permalink
  17. Resident wrote:

    Several FOIA requests were sent months ago. There will be a response which will be a checks and balance on what Belmar produces.

    Saturday, June 4, 2016 at 3:55 pm | Permalink
  18. PJ wrote:

    Well done Joy! Well done!

    Saturday, June 4, 2016 at 4:34 pm | Permalink
  19. OLD MAN wrote:

    Nothing will happen. Business as usual.

    Saturday, June 4, 2016 at 5:10 pm | Permalink
  20. concerned wrote:

    The last Mayors Ball I attended was over ten years ago when Kenny Pringle was Mayor. How times have changed. I happened to drive pass the tent last night that was set up at the top of 9th Avenue for the Mayors Ball and truly wondered to myself – how the F#%k can those under that tent rejoice based on the loss of all these decisions from the court in Freehold? Someone – Please explain this to me.

    Saturday, June 4, 2016 at 5:13 pm | Permalink
  21. HMM? wrote:

    If it’s feared that emails have been deleted can you not OPRA FEMA’s emails to/from Belmar?

    Saturday, June 4, 2016 at 6:11 pm | Permalink
  22. An Observation wrote:

    I find it interesting that until recently Clair would make comments to try to defend the Mayor and Council members. What is telling is the Mayor nor any council member has made any comment or explained any of the issues that the residents are asking and making comments about. I wonder not what they are hiding, but how much. Is handcuffs in their future???

    Saturday, June 4, 2016 at 6:56 pm | Permalink
  23. Terry Pierce wrote:

    THANK YOU JOY

    Saturday, June 4, 2016 at 7:17 pm | Permalink
  24. Belmarguy wrote:

    22- duh, it’s election season and they’re scared! Don’t think for a minute lawless Matt doesn’t have a political appointed position ready for Claire and others “IF” he gets elected!

    Sunday, June 5, 2016 at 3:34 am | Permalink
  25. Planet Belmar wrote:

    #20. Regarding the mayor’s balls. I believe that Emperor Nero partied and played the fiddle as Rome burned to the ground. If you look at his facebook, photo after photo of himself, no one else was there. Since the usual appointed/elected officials were probably comped , probably not to much funds wise for the “yout programs”, but then again that has nothing to do with his balls.

    Sunday, June 5, 2016 at 12:02 pm | Permalink
  26. elemental wrote:

    Cancelled meetings – no questions – no lies – or, heaven forbid, truth. What a bunch of crumbs of dubious character who run Belmar.

    Oh yeah, don’t mess with tenacious Joy.

    Sunday, June 5, 2016 at 2:43 pm | Permalink
  27. Hoffa wrote:

    On the plus side for DD it wasn’t Kenny spanking him this time. 0 for 8

    Sunday, June 5, 2016 at 8:39 pm | Permalink
  28. A Voter 2 wrote:

    I know of no other municipality in NJ that has had any lawsuits against the Mayor and council, and has had as many foi requests. It seems that they do not want the public to know what is happening with our money. Either the Mayor and council is incompetent and has no clue how to run a government, or they are criminally corrupt. I hope for their sake its the former. If anyone has any other explanation please let me know. Either way the two democrats running do not deserve to be re- elected.

    Monday, June 6, 2016 at 10:59 am | Permalink
  29. Voter 3 wrote:

    This all started with Matt Doherty and Colleen Connolly taking charge and letting power go to their collective brainless heads. They are hiding something and hopefully the the proper authorities are on it and will document any crimes.

    8 lawsuits against the Borough all WON by plaintiffs with varied party affiliations speaks volumes about lack of transparency and hidden agenda. Remember Lawless Matt Doherty called each lawsuit frivolous but he keeps losing and using our money to defend his unlawful behavior. Laws have been broken and soon this administration will crumble.

    Vote for Mark Walsifer his community experience in town as a lifetime resident is exceptional and for Josh Vallario an accomplished professional who wrote the letter that accompanied Pringle’s mailer regarding overspending and the tax burden for residents.

    Monday, June 6, 2016 at 11:30 am | Permalink
  30. Anonymous wrote:

    Congrats Joy. Knew you would win this.

    Monday, June 6, 2016 at 11:50 am | Permalink

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