City Council to Consider Ordinance to Abolish Ethics Board

City Council on Thursday night moved toward disbanding Ocean City's Ethics Board.

Faced with an immediate legal bill and having no way to determine future legal expenses, City Council members argued that the board is not a necessity. A state board serves the same function.

No formal action was taken on Thursday, but enough council members supported abolishing the board that an ordinance will be drafted for consideration at a future meeting, according to City Council President Michael Allegretto.

The Ethics Board was formed in 2006 under the administration of Mayor Sal Perillo as a way for citizens to file complaints about ethics violations among city officials and employees. The board is charged with investigating complaints and ruling on potential violations.

The board has spent only $1,500 in its existence, according to former Chairman Stanley Pszczolkowski. But an appeal of one of its rulings is scheduled to be heard before an Administrative Law judge in May, and the board is seeking $15,000 for legal representation at the hearing.

Ocean City Beach Patrol Operations Director Tom Mullineaux is appealing an Ethics Board finding of two alleged ethics violations related to changing scores on lifeguard requalification tests. Mullineaux was fined $100 for each violation.

It wasn't the Mullineaux case that led council to its decision but the potential for more cases like it.

"There's no end to it," Councilman Tony Wilson said.

Council members and Mayor Jay Gillian praised the dedication and work of Ethics Board members, but they said the city is already burdened with lawsuits and legal fees at the same time they're trying to balance budgets.

"I don't want the Ethics Board to become another avenue for the city to be sued," Allegretto said.

"We've got to stop the bleeding with all these lawsuits," Gillian said.

The state's Local Finance Board provides the same ethical oversight to New Jersey towns and operates in a similar fashion, making Ocean City's own Ethics Board "a redundant system," according to Gillian.

Councilman Keith Hartzell and Councilwoman Karen Bergman expressed interest in retaining some mechanism for citizen complaints, and City Solicitor Dorothy McCrosson said she would research options outside of an Ethics Board (such as an ombudsman).

"I do think we need to do something to give citizens a voice," Hartzell said.

"It would be great to have some more informal, less-costly way," Bergman said.

Only Councilman Roy Wagner argued vehemently for keeping the board.

"I feel very strongly that we should budget for legal representation on the board," Wagner said.

Councilman Scott Ping was not present for the meeting. Allegretto, Wilson and John Kemenosh supported abolishing the board. Hartzell and Bergman, while hoping to retain some voice for citizens, consented to considering the ordinance.

Pszczolkowski's term as board chairman expired on Dec. 31, and the city did not reappoint him or anybody else, leaving the five-member board with just three representatives (Richard Waddell moved to the Zoning Board).

In public comment before the meeting, Pszczolkowski thanked current and former Ethics Board members Liz Burns, Joe Orlando, Dean Waldt, Paul Anselm, Richard Waddell, Joan Farrell, Jim Rybicki and Steve Fenichel. He also thanked lawyers Bob Garrett and Bernadette Hayes, who did pro bono work for the board. And he thanked McCrosson for her assistance along with recording secretary Sheila Cottrell.

In other public comments, Ocean City resident Pete Guinosso said he has filed complaints with both the Ocean City and the state ethics boards — and the local board was "by far more professional."

"Citizens of Ocean City have a much more transparent possibility of getting justice," Fenichel said.

The potential for the elimination of the Ethics Board leaves uncertain the fate of the existing Mullineaux case.

Mullineaux wants to clear his name. But there would be no Ethics Board to explain its decision at the appeal. And the original complaints against Mullineaux have been withdrawn (as part of the $50,000 settlement agreement in a ).

Its unclear how the state would handle the case in the absence of the Ethics Board, according to McCrosson.