TOMS RIVER'S MAYOR RODRICK ROCKED UP WITH THIRD LAWSUIT OVER HIS "CUT THE SPENDING" AMBITIONS

FIRST REPORT

Toms River Mayor Daniel Rodrick - who ran on a major "cut the spending" platform - is being dragged to court over his closure of the Township's animal shelter, FAA News has learned.

This is at least the third lawsuit rocking up Rodrick's noisy takeover of the mayoral position.

One of only four municipalities in the state to run its own animal shelter, the Toms River Township Animal Shelter sheltered dogs, cats, pigs, birds, and provided spay and neutering services, rabies clinics, pet licenses as well as animal control services services to the community. The shelter provided animal rescue staff, investigated cases of lost or abused animals, and has helped residents who have been displaced find an emergency shelter for their pets.

All of this changed once Rodrick reached the mayoral position.

On January 18, 2024, the Council voted to introduce an Ordinance which purportedly increased the operating hours of the shelter and eliminated the pet adoption fees.

At the time the ordinance was introduced, Rodrick denied rumors that he wants to shut down the animal shelter, claiming that he "simply wanted to make it easier on people to adopt animals." He further claimed that "a bequest from an animal shelter supporter has provided enough money to run the facility for a year."

The Council voted to pass the ordinance on final reading on February 14, 2024.

Subsequently, on March 27, 2024, the Council introduced an Ordinance to lease the animal shelter to the Ocean County Board of Health.

At that point Rodrick stated on the record that he "has no plans on closing the shelter and was just looking into maybe having the County take it over." He stated that he felt that Ocean County could do a better job operating the Animal Shelter and that conditions were poor when his administration took over in January 2024. Rodrick specifically stated "this is not about money, this is about what's best for the animals."

Ocean County Commissioner Gary Quinn acknowledged that the County was considering the offer, stating, "if we did take it over, we would do everything in our power to make sure the people that work there get something at the county. It is difficult to find experienced people for those type of jobs." Quinn also stated that "the board of health would never consider taking ownership of that building as it "belongs to the taxpayers of Toms River" and they would likely enter into a $1 a year lease. 

Contrary to Commissioner Quinn's statement, Mayor Rodrick stated that they would privatize animal control and eliminate the jobs of "five to six" township employees and shelter employees would be let go as well.

On April 24, 2024, the Township Council voted to adopt the "lease agreement ordinance" on final reading.

State statue provides that if at least 15% of the registered voters who cast ballots in the last state Assembly election sign a petition opposing municipal action, the measure needs to be rescinded within a certain time or placed on the ballot for a special election.

Sensing the looming shutdown of the shelter, a petition campaign was launched to protest the ordinance that authorizes the lease of shelter to the Ocean County Board of Health. The petition demanded that "the Animal Shelter Ordinance in its entirety with any changes (whether by amendment or resolution) by the Township Council be submitted to the electorate for a vote at a general or special election, with a question to be put to the voters of Toms River Township in the form of a Referendum."

There was much press coverage of the petition drive and the fact that over 3,079 signatures must be secured and verified within 20 days. (3,079 represents 15% of 20,523 votes cast in the November 2023 election).

In the meantime, on May 8, 2024, the Ocean County Health Department voted to approve their takeover of the shelter. Chairman John "Jack" Mallon stated "the agreement isn't finalized yet and there is a provision in the resolution that if enough signatures for the petition are acquired then it will nullify the authorization." 

Sure enough, by May 14, 2024, the petition received over 3,079 signatures. The petition was presented to Toms River Township Clerk Michael Cruglio.

On May 31, 2024, Cruglio certified that he verified the signatures of at least 3,079 registered voters, adding, "I will present my findings to the Toms River Township Council at the June 26, 2024 regular Council Meeting. The Council will have 20 days from then to take action to repeal this ordinance, or it will be submitted to appear on a ballot as a question for the voters at a future election."

Ignoring the certification petition, on June 6, 2024, the entire shelter staff was notified that they are being laid off and animals at the shelter are being transferred to Ocean County. The shelter was closed the very next day.

Mayor Rodrick stated the layoffs and closing was necessary so the county could make renovations to the building. He also vehemently proclaimed that the opposition to the transferring the shelter to the county was just a political ploy from people aligned with former Mayor Maurice Hill, as opposed to the insistence of over 3,079 residents of Toms River, staff and volunteers.

The next day, Phillip Brilliant wrote to the Township officials asking for a meeting to discuss and negotiate an appropriate outcome that is beneficial to the residents and Mayor/Council, while saving the taxpayers of Toms River the cost of a referendum if it was not necessary.

Later that evening, around midnight, Mayor Rodrick responded with an inappropriate and inflammatory email that started with "I have absolutely zero interest in meeting with you. You bring nothing to the table.... You are bankrupt, delusional low life, and a liar. I have no interest in meeting with you. You don't care about the animals, the only thing you care about is getting your team back into power..."

Brilliant has now filed a Complaint in Lieu of Prerogative Writs, asserting that Rodrick and the Council "violated his civil rights by failing to place the ordinance on the ballot, [and] engaged in willful acts to intimidate him and voters through inappropriate emails, provided misinformation as to the financial state of the shelter and condition of the shelter, lack of transparency at council meetings, arbitrarily limiting questions and comments at Council Meetings, making inappropriate and intimidating comments to the public and residents at Council Meetings, failing to provide timely agendas as well as scheduling meetings via Zoom and the afternoon to dissuade voters from participating in the referendum process."

Brilliant also file a Motion for Order to Show Cause seeking an Order staying the lease agreement ordinance, enjoining the Township from introducing any ordinances to transfer shelter out of the operation or control of Toms River until the voters vote on the question, ordering the Township to reopen the shelter and offer to rehire all staff as of June 6, 2024.

The motion further seeks an Order requiring the mayor and council to each donate a minimum of $1,000 to the Toms River Animal Shelter for their violation of the Civil Rights Act; and for such other relief as the Court shall deem fair and just.

Agreeing that the matter is emergent, Ocean County Superior Court Assignment Judge Francis Hodgson immediately scheduled a hearing to be held this coming Thursday afternoon.

The Township has not yet answered the Motion for Order to Show Cause.

This is at least the third lawsuit rocking up Rodrick's noisy takeover of the mayoral position.

As previously reported here on FAA News, back in April 2024, Toms River Police Chief Mitchell Little slammed the Township with a civil lawsuit over a 2-day suspension he recently received while vehemently fighting Mayor Daniel Rodrick's efforts to cut police captain positions.

Chief Little has obtained an entry of default as the Township has failed to respond to the complaint.

As previously reported here on FAA News, just recently, developers who expended $3.2 million to obtain approvals to build a multi-story waterfront residential and commercial complex on the downtown riverfront have just sued the Township after Rodrick nixed the plan over claims they failed to meet deadlines set forth in the redevelopment agreement pertaining to financing and reaching certain benchmarks.

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