I am compelled to reach out and clarify the statement made by Mayor Stephen R. Ellis to InsiderNJ this morning in hopes of easing the false alarm and concern that he has caused with regard to personnel files.

It is unfortunate that an elected town official such as the Mayor would choose to spread misinformation and cause such hysteria rather than provide the truth to the people he serves and oversees.

In his release the Mayor states that Council had violated the Privacy Act, the Health Insurance Portability and Accountability Act, the Administrative Code, Civil Service Regulations, State Statutory Authority and Attorney Client Privilege. He then proceeds to misquote the NJ Open Public Records law by claiming that ‘Personnel and Pension Records are not considered public information.”

By choosing to use this verbiage and making claim that the Phillipsburg Town Council violated the law is not only untrue but was also knowingly and maliciously stated with the intent to cause mistrust and chaos between the Town of Phillipsburg and its governing body. This is something that no public official should ever take part in as it is reckless and unethical.

The Mayor’s statement leaves many with the impression that Council Members were physically accessing employee personnel files however this, again, is not the case.

On February 7th, 2019 I had submitted an OPRA request for ‘the public content’ in the personnel files for the following elected officials: Robert Fulper, Frank McVey, Danielle DeGerolamo, Mark Lutz, Josh Davis, Randy Piazza, Bernie Fey, and Todd Tersigni.

I had submitted this request due to a discrepancy in the Mayor’s remarks and his 1 year and 2 month hesitation in complying with a legally passed ordinance restoring our Municipal Clerk’s statutory duties as the Custodian of Records.

I can assure you that the OPRA request and process was followed as per the Law (N.J.S. 47-1A-10) and, although as an Elected Official, the Optional Municipal Charter Law (Faulkner Act) does not require I do so, I had filed the form so as to remain transparent and have an official record of my request.

Clerk Kleiner, at no time, permitted myself or any other Council Member access to the Council Member’s (past or present) personnel files. In fact, the documents were prepared for delivery during our personal work hours and no members of Council were in the building when this was completed.

Therefore the assertion made by Mayor Ellis was, again, untrue and was only made to cause hysteria and distrust amongst our employees and constituents.

To reiterate, the request was only for the Elected Official’s ‘Public’ documents.

Medical records and/or Insurance Information were not disclosed therefore there was no HIPPA violation.

Public Officials are not employees and are not protected by Civil Service or the Privacy Act (as it pertains to this particular situation) therefore there were no violations of such.

I am unsure as to why he would reference State Statutory Authority or Attorney Client Privilege because neither pertains to this current situation either.

The fact of the matter is that we, as public officials, are subject to constant scrutiny, and rightfully so. We are subject to public criticism and almost all of our information is available to the public without restriction. We knew this when we ran for office and we are well aware of this today.

No laws and/or internal procedures were violated.

It is regrettable that Mayor Ellis has spread this false information and I will enclose my original OPRA request and gladly provide you all with any other documents you wish to see.

I can assure you that we will continue to move forward legislatively and work toward a more functional Phillipsburg but…not lost in the eyes of us all…is that we truly need and rely upon all of those employed for the Town of Phillipsburg to work collaboratively without issue and for those who live here to feel as if they can trust their Government.

I personally take the duty of representing all taxpayers very seriously, regardless of party affiliation, and, upon receipt of certain information; I would have been deficient in my duty to the people of Phillipsburg if I had looked the other way.

I would much rather spend my day working toward a successful progression of my hometown instead of constantly being focused on the distractions caused by Mayor Ellis.

I am thankful for your time and am grateful to you all for allowing me the opportunity to refute this deceptive release.