To the Editor: Today was a great day for Berkeley Heights. Today we vindicated the sound judgment of our Chief of Police and our municipal Clerk all while protecting the safety of our residents. Today, Berkeley Heights Township won the frivolous lawsuit filed against the Township and Township Clerk by Town Council candidate Tom Foregger.
At issue was a demand by Mr. Foregger that the Township alleged would disclose information regarding the locations of Police officers during the Winter Walk community event arranged and sponsored by our local businesses. (Click here for Lawsuit filing, page 6, items 12-14.) Our Chief of Police was against the production of this information so as not to disclose and compromise the location of our security detail to those that might do us harm. The Township therefore produced the invoice for police services but redacted the sensitive security related information. While most people would have respected the Police Chief’s judgment, that was not enough for Mr. Foregger so he sued Berkeley Heights as well as the Township Clerk.
After extensive briefing and oral argument, Judge Mega held that the Township’s redactions were appropriate and proper under the Open Public Records Act (OPRA) and the common law right of access. Judge Mega stated that the Township provided sufficient justification for its redactions in its initial response to Mr. Foregger, carefully explaining the basis being the potential risk to security and safety of future similar events. Judge Mega further stated that the Township was entitled to make the redactions and rightfully did so under New Jersey case law, Executive Orders and Regulations as providing such information could allow a potential threat to calculate an attack knowing the location and number of police officers at such an event; and holding that if released would compromise security and create a risk to safety.
Tom has continually tied up Township resources with ORPA requests; he has literally filed hundreds of them over the years. Do not be fooled by his claims that he is going to lower taxes for Berkeley Heights – the only real thing that Tom Foregger has ever done is cost the BH taxpayer money!. Tom has a long history of obstructing things in Berkeley Heights; he is never been about making things better, or doing what's in the best interest of the residents of our Township.
On Tuesday, June 6th, show Tom and his running mate John Leo that we care about continuing to move Berkeley Heights forward and vote for Kingsley and Faecher for Town Council. The polls are open from 6 AM to 8 PM.