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DELLA SERRA v. BOROUGH OF MOUNTAINSIDE

196 N.J. Super. 6 (1984)

481 A.2d 547

RAYMOND DELLA SERRA, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. BOROUGH OF MOUNTAINSIDE, THOMAS A. RICCIARDI, MAYOR; COUNCIL PEOPLE ABRAHAM SUCKNO, RONALD ROMACK, ROBERT VIGILANTE, MARILYN HART, LOUIS MAAS, AND WERNER SCHON, DEFENDANTS-APPELLANTS, CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Frederic K. Becker argued the cause for appellant (Wilentz, Goldman & Spitzer, attorneys; Frederic K. Becker and Christine D. Petruzzell, on the brief).

William L'E. Wertheimer argued the cause for respondents (Tompkins, McGuire & Wackenfeld, attorneys; Thomas F. Quinn, on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, filed a brief amicus curiae (James J. Ciancia, Assistant Attorney General, of counsel; Bertram P. Goltz, Jr., Deputy Attorney General, on the brief).

Before Judges MICHELS, KING and DREIER.

The opinion of the court was delivered by KING, J.A.D.

The principal issue here is whether the defendants, the Borough of Mountainside's Mayor and Council, violated the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., L. 1975, c. 231, frequently called the "Sunshine Law", when they participated in private deliberations on the disciplinary complaints against plaintiff, Raymond Della Serra, a police...

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