Friday, February 28, 2014

Dunellen: No paper trail of towing license appeal resolution

February 28, 2014

Hon. Robert J. Seader, Mayor, and members of the
Dunellen Borough Council
355 North Avenue
Dunellen, NJ  08812
via e-mail only to William M. Robins, RMC at wrobins@dunellenborough.com

Dear Mayor Seader and Council members:

I have placed on-line here a copy of Clerk William Robins' February 28, 2014 response to my February 19, 2014 records request for records pertaining to the disposition of R&D Towing's appeal of the Borough's revocation and denial of its towing license for 2009 and 2010.

As you will recall, and Richard and Dawn Sabik, the owners of R&D Towing, and I had commented several times during the public address portions of Borough Council meetings about the status of this matter.  You may also be aware that I created a web page (on-line here) that question the legitimacy of R&D Towing's removal from the list when that company was replaced, without Borough Council action, by another towing company that employed Mayor Seader's brother in law.

As you will also recall, the Borough had held at least one hearing on the appeal and had authorized $10,000 to pay for a Special Prosecutor and Hearing Officer to conduct additional hearings.

Then, apparently out of the blue and without regard to the pending appeal, R&D Towing was placed back on the Borough's towing rotation list and, according to Mr. Robins, there is apparently no writing that resolves the appeal.  The reason I state that there is no writing is because of Mr. Robins' statement that:
No documents are in the custodian's possession such that would satisfy this request. Upon information and belief, R&D Towing abandoned its appeal of the revocation/denial of its towing license for 2009/2010.  (emphasis supplied).
I am having a hard time believing that this matter could be allowed to resolve without at least some sort of writing confirming the resolution.  Do you agree with me that it would be appropriate for the Borough to enter into some sort of written agreement that would memorialize the withdrawal or other disposition of this appeal?  Otherwise, reasonable minds could differ as to whether the matter has indeed been resolved.  Would you please discuss this matter at the March 3, 2014 Council meeting?

Thank you for your attention to this matter.  I look forward to hearing from you.

Very truly yours,

John Paff