Township Clerk, Officials Under State Investigation For Allegedly Lying About Existence of Records

A former New Jersey resident and transparency government activist Harry Scheeler has filed two separate complaints against Acting Clerk Kelli Danieli, Township Solicitor Michael Fitzgerald, and another Attorney assigned to the Township to defend a lawsuit. 

The complaints filed with the Government Records Council (GRC), allege the Township violated Scheeler's right under the Open Public Records Act (OPRA) by intentionally withholding a lawsuit settlement agreement made between the Township and former Township Manager Stephen Bonanni. The settlement was approved by Township Council in November 2014 for $92,000. 

Scheeler alleges in the complaints that on two separate occasions he filed an OPRA request for the settlement agreement and the Township denied the release of the agreement by continually stating the agreement was never executed, which Scheeler claims the Township lied.

Galloway Township Loses Lawsuit Filed by Open Government Advocate John Paff; Township Attorney Wants to Appeal

John Paff

After the Township spent over $20,000 in legal fees and costs, a lawsuit filed against the Township in 2013 has now received a decision by the Judge. 

On Tuesday, June 10, 2014, Superior Court Judge Nelson Johnson issued an order against Galloway Township Clerk TC Kay and the Township and ruled in favor of the Plaintiff John Paff. 

The order was the result of a lawsuit filed in Atlantic County Superior Court on August 19, 2013, alleging the Township refused to provide Paff with "copies of emails logs that they are capable of producing and have produced in the past." 

GallowayTwpNews.com Offers a New OPRA Service To Readers

Check out our new TAB above called 2013 OPRA LOG!

GallowayTwpNews.com has obtained through an Open Public Records Request (OPRA), the Township Clerk's 2013 OPRA Log.  The Log provides detail of each OPRA Request submitted from January 1, 2013 to June 12, 2013.

If you are interested in obtaining a copy of a request below, you can email Township Clerk TC Kay at tkay@gtnj.org. Indicate you are requesting a copy of the OPRA Request as well as the documents released.  Include the "Tracking Number" of the request. You must be a New Jersey resident to obtain documents. 

If you wish not to submit your request directly to the Township, you can email GallowayTwpNews.com at gallowaytwpnews@gmail.com with the Tracking Number of the request and will obtain the documents for you. Please provide your name and address with your request. You must be a New Jersey resident to obtain documents. 

We will periodically update the OPRA Log per Month. 


Galloway Township OPRA Log 2013 by GallowayTwpNews

Legal Bills for November and December 2012 Spike; Over $6,000 in OPRA Expenses

GallowayTwpNews.com has obtained through an Open Public Records Request the November and December 2012 Legal invoices for Township Solicitor Michael Fitzgerald. Legal expenses for November were $5,720.95, of that $2,451.20 was the expense for OPRA reviews. Legal expenses for December were $7,632.70, of that $3,760.00 was the expense for OPRA reviews.

GallowayTwpNews.com offers a suggestion to Council that will save at least $12,000 a year on Legal cost as it pertains to OPRA. 


The detail listed in the OPRA invoices consist of the Township Solicitor reviewing multiple emails pertaining to documents being released by Township Clerk Thalia "TC" Kay. Most of the entries on the Legal invoices state "receipt and review of emails" from various requestors. According to the invoices, Fitzgerald charges at least $10.00 per email he opens just to review.

GallowayTwpNews.com has verified through our own emails we have received from the Township that Township Clerk Kay copies the Solicitor on each email she sends pertaining to OPRA Requests. That practice as seen in the invoices below has cost the Township thousands of dollars in just two months. This practice has been going on for sometime according to other legal invoices we posted previously.

The Township has proclaimed over the past month that they intend to reduce the expense of OPRA after appointing Kim Procopio, Esq., to handle Records Management. An appointment that occurred at the February 12, 2013 Council Meeting. We notified and requested comment from Mayor Don Purdy, Councilman Jim Gorman, Councilman Jim McElwee and Township Manager Arch Liston as it pertained to the ongoing practice of emails being sent by the Clerk to the Township Solicitor on OPRA Requests. 

McElwee stated, "In my opinion the Custodian of Records should have an understanding of OPRA law and if in doubt should go to the Township Solicitor for advice on gray areas. I see no need to copy the Solicitor on each request, especially if we are being billed for his time to study those e-mails. If this current policy becomes a burden on the Budget, I would expect the Township Manager and Council to re-examine it as soon as possible. " 

The Township has undoubtedly expended money on OPRA Requests. With the new attorney being appointed, both Gorman and McElwee stated it was a Luxury the Township could not afford.  "I still am not convinced that we need four people involved in OPRA requests. I have confidence in the Township Manager to set budget limits on OPRA processing costs and will examine the bills at the end of the next cycle to determine the added expense" McElwee stated. 

With January 2012 Legal bills yet to be submitted for payment, the Township and the public will have to wait a couple more weeks to see how the billing of OPRA will either increase or decrease. Based on emails between GallowayTwpNews.com and Township Clerk Kay, we anticipate the expense to remain in the thousands.

We urge Mayor and Council to reduce the budgetary expense on at least the emails Kay continues to send with the Township Solicitor copied when responding to OPRA Requests. By doing so, the Township will save at least $10.00 on every email which could result in a $12,000 savings for the year.

In our opinion, why does the Township need to wait and see how much money its going to cost them in order to cut. They already see the expense, just cut it now. 

November 2012 Legal Bills Fitzgerald by GallowayTwpNews

December 2012 Legal Bills Fitzgerald by GallowayTwpNews

UPDATED: Galloway Advertises Request for Quotations on Website Redesign after GallowayTwpNews.com Launches Municipal Documents Service

Galloway Township posted on their Official Website an advertisement requesting Quotations for a Website Redesign. Mayor Don Purdy stated he made the request to Township Manager Arch Liston to look at a redesign possibility after this Publisher was able to post Galloway Township's Municipal Documents on GallowayTwpNews.com, owned and operated by former Clerk Lisa Tilton.


According to Purdy, Galloway Township has been trying for a couple of years to modernize their Official Website. "The Township's website is outdated. We need to Modernize our Website so residents can access Township documents from their home computer or even their cell phones, including smart phones. Minutes and Township Code should be easily accessible to everyone, anytime and we are going to make that happen" Purdy stated. 

Purdy also stated he has requested the Township Manager to look at all options including a possible inter-local agreement with other County or Local Municipal Governments that have the staff for web design already. This is the first step is an already lingering issue the Township has faced. 

The Township's RFQ has an amount not to exceed $10,000. Purdy stated, "It's an amount not to exceed, but we are open to all options in order to save costs and still provide this service to the Public."

Councilman Jim McElwee stated, "a lot of questions still need to be answered as there is possibly a cheaper way to go about this in order to still get the information out to the Public." McElwee has continued to advocate for Open Government and Transparency and still believes this service can be provided. "This just needs to be investigated before spending this amount of money." McElwee said.

Councilman Jim Gorman stated he was unaware this advertisement went out. "We could spend a lot less and have an employee trained to do this. We could also reach out to the schools as they have good websites" Gorman said.

GallowayTwpNews.com which is privately owned former clerk Lisa Tilton, began posting the Township's Minutes, Salaries of Employees, Collective Bargaining Agreements, Municipal Budgets and other Financial Documents which according to Purdy, sparked his request in redeveloping the Township's own website once and for all. "If someone from the Public is able to provide this service with little effort, than so can the Township" Purdy stated. 

GallowayTwpNews.com has undoubtedly submitted varies OPRA Requests for Township Documents. Majority of the documents that have been requested appear either in articles or have been made accessible to the general public and residents of Galloway Township. 

The Township is expected to review all options and continue discussions in the redesign their official Township's Website. 

Requests for comment was sent to all members of Council and the Township of Manager. GallowayTwpNews.com will update the story if other comments become available.

Web Redesign GT Advertisment.pdf by GallowayTwpNews

Galloway Township Appoints Records Manager to Supplement Clerk, Solicitor; Galloway Patch

Via Galloway.Patch.com

GallowayTwpNews.com previously reported the minimum amount of bids the Township received for this new professional position. Kimberly Procopio from the lawfirm of Nehmad Perillo & Davis was the attorney the Township selected to serve in this position. 

GallowayTwpNews.com will be reporting in the upcoming days on how the Township has been handling OPRA requests not only with individual requestors but also current resistance this Publisher has received in trying to obtain documents from Township.

Galloway's Advertisement on Special Counsel for Records Management Yields Minimal Response

On January 9, 2013 Galloway Township released an advertisement for Special Counsel for Records Management. According to the advertisement, one of the Township's minimum requirements for this position is "Advanced working knowledge of OPRA, DARM and GRC."  According to the Advertisement, all Sealed Responses were due to the Township Clerk by Wednesday, February 6, 2013 at 11:00 AM.

GallowayTwpNews.com obtained through an Open Public Records Request a list of professionals who submitted a sealed bid in order to serve as that Special Counsel. The Township received only four bids. Township Solicitor Mike Fitzgerald who currently reviews the Township's OPRA Requests, did not submit a proposal.

Fitzgerald as well as former Solicitor Michael Fitzgerald billed the Township an hourly rate of $100.00 for any work involving OPRA. All of the proposals submitted for the current Special Counsel came in above the current $100.00 hourly rate.

Parker McCay and Dasti, Murphy, McGuckin, Ulaky, Cherkos & Conners submitted a proposal for $150.00 per hour plus expenses.

Nehmad Perillo & Davis submitted a proposal for $135.00 an hour plus expenses.

The lowest bid was Eric M. Bernstein & Associates LLC with $125.00 an hour, however they included a paralegal fee of $60.00 an hour plus expenses.

The Township has seen an influx of OPRA Requests over the past couple years. Based on OPRA Logs released by the Township, the majority of OPRA Requests and documents released have appeared online and detailed in multiple stories.

Council will now review the proposals and decide which firm if any they wish to hire for this service. Council is anticipated to vote on this potential hiring at their next regular Council Meeting on Tuesday, February 12, 2013 at 6:30 p.m.

RFP 2013 Responses SCRM by GallowayTwpNews

Township Advertises Request for Proposals on Special Counsel to Handle Records Management

Galloway Township has posted an advertisement on their Official Website requesting Proposals for a position of Special Counsel to handle Records Management. According to the advertisement, one of the Township's minimum requirements for this position is "Advanced working knowledge of OPRA, DARM and GRC."  According to the Advertisement, all Sealed Responses are due to the Township Clerk by Wednesday, February 6, 2013 at 11:00 AM.

Through various Open Public Records Requests, the Township over the past year has been under intense scrutiny by former publisher of GallowayTwpNews.com Harry B. Scheeler, Jr.  Scheeler is reported as having approximately 18 outstanding GRC complaints against the Township. The Township also had to defend at least two OPRA Lawsuits, both of which have been settled.

The Township has contracted with various Law firms over the past year in order to serve as Special Counsel either for litigation or to train employees as required by the Joint Insurance Fund. According to Legal Bills, Township Solicitor Michael Fitzgerald has been reviewing OPRA Requests in conjunction with Township Clerk TC Kay. Fitzgerald has also answered multiple GRC Complaints on behalf of the Township. 

As it pertains to the addition of another Attorney and the estimated cost the Township will incur, we requested comment from Mayor Don Purdy, Members of Council, Township Manager Arch Liston and Township Solicitor Michael Fitzgerald. Our request for comment went unanswered by all officials. 

We will follow up on the appointment as well as report on the legal fees incurred by Township for this Professional.

RFP Special Counsel for Records Management by GallowayTwpNews