New Invocation Policy Includes Indemnification Waiver for All Council Members

After several months of research, debate and controversy, Galloway Township Council finally approved a new Invocation Policy. This policy will now supersede a previous policy sponsored by former Mayor Keith Hartman. The previous policy allowed for a specific rotation of local clergy to give an invocation during each council meeting.

The new policy adopted only allows the invocation to be delivered by a member of council. The policy states, "the Municipal Clerk will offer to each member of Council on a rotating basis the opportunity to offer one of the invocations on the attached list at the beginning of the Council meeting at the time identified for the Invocation." The policy also allows any member of Council to request a moment of silence to allow for private prayer or meditation by those present. 

The full policy and approved lists of prayers are below.

The policy shall also not obligate any member of Council to offer an invocation. The council member can privately confirm with the Clerk that they wish not to deliver the invocation. Council will offer the invocation on a rotating list. If no council member wishes to offer an invocation at the meeting, than a moment of silence shall be held in place of the invocation.

The new policy includes a indemnification waiver. The provision states, "In the event of the filing of any litigation or other claim against a member of council based upon an invocation offered by such member of Council which is not in accordance with this Policy, the indemnification of such member of Council may be subject to denial pursuant to Section 27-3 of the Galloway Township Code."  

If Council opts to not cover one of their own, that individual Council member, current or future council members could be subject to their own costs to defend the litigation placed against them. 

We requested comment from members of council requesting if any member felt this policy restricted their First Amendment right for Freedom of Speech. Councilman Jim McElwee, who is also a member on the committee in order to propose this policy stated, "we all have to curb our language everyday in certain situations rather it being polite or just to avoid problems."

The liability that could potentially mount against a council member who may deviate from the approved list of prayers could be financially struggling. "No other member of council has expressed concern to me over indemnification vulnerability" McElwee stated. "It's very simple, don't add anything that has not been pre-approved by the Solicitor. If you want to add something you can as long as it's reviewed for legal liability."

All other requests for comment went unanswered, including from the committee's chairman, Deputy Mayor Tony Coppola. 

Pub Res 93-13 by GallowayTwpNews

Bicyclist Sent to Hospital with Injuries After Being Struck by Vehicle

According to Police, on Sunday, February 24, 2013 at 2:21 p.m., bicyclist Harley Pollack, 19 of Galloway was traveling northbound on Pomona Road in the area of Aloe Street when a vehicle driven by Hiwot Tibebu 40, of Galloway also traveling northbound veered to the right and struck Pollack. 

Tibebu was driving a 2003 Toyota SUV when Pollack was struck. Pollack was transported to the Atlanticare Regional Medical Center, Mainland Division for an elbow injury.

Summons maybe issued pending further investigation. The investigating Officer is Ptl. C. Magazzu and Galloway Township Ambulance Squad responded.

Accident on White Horse Pike Sends Driver to Hospital After Collision With Utility Pole

Galloway Township Police responded to an accident on the White Horse Pike (US Route 30) at 7:54 AM, for an accident that sent the driver to the hospital after she collided with a utility Pole. According to Police, the accident occurred Eastbound on the White Horse Pike near the Garden State Parkway Off Ramp. 

Elen Rustamova-Alcanta of Galloway was traveling eastbound on The White Horse Pike in her Kia Rio when she made an unsafe lane change and struck a Dodge Van driven by Gary Erario 44, of Galloway.  Rustamova-Alcanta proceeded to travel off the roadway and struck a utility pole which caused both lanes of The White Horse Pike to be shut down for approximately 30 minutes.  

Rustamova-Alcanta was transported to Atlanticare Regional Medical Center Mainland Division by Galloway Township EMS for injuries to her leg.  She was issued a summons for careless driving.  Atlantic City Electric also responded to the scene and completed repairs to the utility pole.

UPDATED: Sources Indicate Terry Lucarelli will Resign as Galloway Township Republican Municipal Leader

*Updated* Terry Lucarelli has confirmed she is resigning her position of Municipal Leader for the GTRL. 
Via Galloway.Patch.com

GallowayTwpNews.com has received confirmation from multiple sources including members of Galloway Township Council on the grounds of anonymity stating a letter was sent by Terry Lucarelli to the Galloway Township County Committee last week indicating her intent to resign as Municipal Leader. Lucarelli has been the Municipal Leader for the Galloway Township Republican League for many years. 

News of this broke through the Republican and Democratic parties this past weekend. Individuals we spoke with on the Republican side were excited to see the change occur. 

Former Mayor Keith Hartman who had a falling out with Lucarelli in 2011 when he denounced the GTRL during his re-election commented on Lucarelli's anticipated resignation stating, "It's good news for the local party" Hartman stated. "In my opinion her departure means good republicans will no longer be suppressed.  I imagine the GTRL will now begin cleaning house and replacing the cronies that were put in place to do her favors."  

Hartman who is now a registered Independent has stated, "I would consider rejoining the GTRL now if it is put in the right hands.  There certainly needs to be better checks and balances with the county committee so the municipal leader doesn't become a king maker." 

Lucarelli and her husband Frank have previously come under intense scrutiny by the former publisher of GallowayTwpNews.com, Harry Scheeler. Scheeler launched a website dedicated to Terry Lucarelli detailing the Lucarelli's past. 

The change over of leadership for the local Republican Party in a powerful election year, speaks volumes as to the changes that are about occur. In October 2012, Mayor Don Purdy announced his intent to break away from the Galloway Township Republican League. Purdy stated at that time according to Galloway Patch, that decision was because of the problems with Municipal Leader Terry Lucarelli.

According to sources, County Committee is expected to convene this evening to vote on a new Leader.  Steve Moliver is slated to become the new Municipal Leader tonight. The GTRL will also re-organize and select a new President and Vice-President.

The reconfiguration of the GTRL could ring positive for Purdy who is up for re-election this year. Councilman Tom Bassford who was also quoted in Galloway Patch stating he was not in favor of Purdy's movement to break away from the GTRL, is also up for re-election this year. Sources have also indicated Bassford and Councilwoman Whitney Ullman may not seek re-election this year, leaving Purdy the only incumbent left to seek re-election.

Bassford and Ullman did not return an email seeking a request to comment.

Purdy was not available for comment at time of publication, however sources have indicated Purdy will most likely seek re-election.

Check back for details as this story is developing.

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