APP: Judge's email ruling abets petty politics

In today's editorial section of the Asbury Park Press, the APP has chimed in on the petty politics that passes as governing these days in Middletown.

But before getting to the opinion piece, here's a little background info of my own to fill you in:

Middletown's former mayor, current Township Committeeman Tony Fiore, prior to having himself appointed to the Middletown Library's Board of Trustees last month, requested the township clerk to file a "blanket" OPRA request for 18 months worth of correspondences (both private and public) between library advocates Linda Baum and Melanie Elminger and library director Susan O'Neal. He was seeking information as to how members of the public could have "confidential" library information before that information was made "public" during library board meetings.

In response to this blanket email Ms. Baum, who is a candidate for Township Committee and a frequent contributor here, filed a temporary restraining order lawsuit against Fiore's request, seeking the "right of review" of any emails released to ensure that proper care was given while redacting personal information.

Last week Judge Larry Lawson denied her request stating that the emails in question were of public nature and therefore should be released without review of Ms. Baum, entrusting library board attorney Armen McOmber to properly redact information that was private in nature.

In the days since the release of the emails, Ms. Baum's privacy concerns have been validated. Mr. McOmber was not diligent in complying with the law by making appropriate redactions before the release of the emails. He failed to redact person information such as Ms. Baum's phone number and personal work products.

This clear failure demonstrates why a person with a privacy interest should have a legal right of review and why Ms. Baum's suit was not frivolous in nature.

Now here is what the APP had to say:

You expect local politicians now and then to engage in childish antics. What you don’t expect is for a judge to encourage such behavior. 

But that’s what happened last week when Superior Court Judge Lawrence Lawson ruled that emails between Middletown Library Director Susan O’Neal and Township Committee candidate Linda Baum are public records and should be released. 

Lawson should have refused the request, given the absence of any real public interest.
Middletown Committeeman Anthony Fiore turned to the courts to seek release of the emails and other written correspondence, including those regarding library business sent from O’Neal’s personal account, after he suspected library staff was giving information to the public before the library trustees were aware of it, in order to create “political theater.”
The emails may have been poor form on the part of Baum and O’Neal, but hardly an act so egregious that the court should get involved. There is no hint of illegality in the emails Fiore was seeking, and he seemed less motivated by principle than by politics. 

Fiore insisted, however, that his request was made in the public interest: “To me, (the emails were) undermining the board’s position, even though it didn’t have an opinion at the time,” he said. 

Really? How can an opinion be undermined before an opinion is even proffered?
Judge Lawson should have kept out of it. 

Baum said through her lawyer that she would not appeal. That’s good news. Somebody has to be the grown-up.