Ewing mayor raises voice and threat of lawsuit

Council refuses to acknowledge his right to comment at meeting

Friday, March 14, 2008
BY LISA CORYELL

EWING -- As they say in the world of pro wrestling, it's on.

Republican Mayor Jack Ball, fed up with being banned from speaking at
Democratic-run council meetings, yesterday vowed to take his battle to court.

"That's it. I've had it," Ball fumed. "I want an opportunity to speak and I'm not
backing down."

Ball's fighting words came two days after he was denied a chance to speak at
Tuesday's council meeting, prompting him to shout angrily at acting President
Joe Murphy and accuse Murphy of violating his civil rights.

Yesterday, Murphy remained unmoved by the threat of legal action, saying he

had no obligation to call on Ball.

"It's the council's meeting," said Murphy said. "If the mayor wants to have a silly
lawsuit and waste money, let him do that and let him be judged by the voters."

An attorney representing Ball said the council had better change its tune and
fast.

"The next time they gavel him out of order, we'll be in court with an order to show
cause," said George Dougherty. "It's a shame the people of Ewing have to
witness a township council shunning its own mayor."

Ball's fight to be heard at the meeting has been a long-simmering source of

controversy. On Tuesday it boiled over when Ball sought a chance to speak
during the public comment section of the meeting.

Ball wanted to rebut several criticisms aimed at his administration by the council
and the public during the meeting.

Ignoring Ball's raised hand, Murphy closed the public section and moved to hear
council reports. When the reports concluded, he called for a motion to end the
meeting.

Ball began calling out to be heard. Then, at the whispered urging of township
attorney Mike Hartsough, Ball stood up and began yelling.
"Mr. President, you have violated my civil right to speak," Ball bellowed, as
Murphy banged the gavel and called him out of order. "You have violated my civil
right to speak here at this meeting."

Murphy continued banging the gavel while calling for a council mo tion to close
the meeting.

"I am the mayor of this town," Ball yelled even louder. "You may either respect ..."
Ball's voice was drowned out briefly by Murphy.

"Call the police department and have him removed," Ball continued cryptically,
later explaining he was referring to himself.

When Murphy finally managed to close the meeting, the arguing continued
among various council members and administrators inside and outside the
meeting room.

Stunned residents talked among themselves as the spectacle unfolded.

At one point Murphy came back into the room to tell an off- duty state trooper in
the audience that Chief Financial Officer John Barrett had threatened him with
bodily harm.

"It was like watching a circus," said one resident who did not want to be
identified. "As a township resident, it was disappointing to see."

Barrett denies threatening Mur phy. He said the councilman had made an
accusation to him, then walked back toward into the meet ing room.

"I told him he was a coward and asked him to come back out and discuss it,"
Barrett said.

Murphy said Barrett called on him to "step outside in the grass."

"He said 'I'll prove to you what a coward you are.'" Murphy said.

"It was hysterical," said resident Kate Tuttle. "No, that's not the way to describe it.
We have deteriorated in this town to such nonsense it defies words."

Councilwoman Kathy Wollert called Ball's behavior appalling.

"It was totally inappropriate and not fitting for any public official at any public
meeting," she said. "He was having an apoplectic fit. It was disgusting."

Donald Cox, the lone Republican on the five-member council, said Murphy was
"totally wrong."
"When we were at the League of Municipalities convention we specifically asked
the league attorneys if the council president had the right to refuse to
acknowledge a member of the administration who wanted to speak," Cox said.
"We were told, 'Absolutely not.' It puzzles me why anyone would refuse to let the
mayor speak."

Council members reiterated their stance that if the mayor wants to discuss an
issue at a meeting, he can ask the council's permission to have it put on the
agenda.

"Under the protocol of our form of government, that's the way it works," said
Councilman Les Sum miel.

Not so, said William Kearns, chief counsel for the New Jersey League of
Municipalities. He said the Faulkner Act, which guides such governmental
matters, is clear.

"The statute says 'The mayor may attend meetings of council and may take part
in discussions of council but shall have no vote,'" Kearns said. "It doesn't say he
may take part in discussions if allowed to do so by council. He's entitled to speak
and he doesn't need permis sion."