WALLINGTON — The Borough Council voted Tuesday to suspend its clerk with pay and file tenure charges against him with the state Department of Community Affairs.

Witold Baginski, who has served as borough clerk since 1999, is accused of "serious deficiencies" including repeatedly failing to respond to public records requests in a timely manner, said the borough's labor attorney, David Corrigan.

“It’s a serious problem, because the statute makes clear that transparency in government is so important,” Corrigan said. “When people don’t have the right to know what government is doing, it hurts government."

After receiving a Rice notice — formal notice that his employment would be discussed — Baginski opted to have the discussion in public session Tuesday. At that session, Corrigan recommended that the council file tenure charges against Baginski and that he be removed from employment.

Corrigan said Baginski missed the statutory deadline for responding to Open Public Records Act requests 43 times in 2018 and 36 times in 2017, by months at a time in most cases.

The attorney said taxpayers are harmed because the borough has been a target of litigation related to people “deprived of their rights" to records.

Corrigan also alleged that Baginski transmitted “inappropriate” and “false information” in response to public records requests and that he was found to have received about $20,000 in unauthorized overtime.

In addition, he said, Baginski played a part in providing water to a business, then gave false information to the borough attorney and residents about that water service.

“The course of action would be to file the charges with the administrative agency, and a hearing will be held in due course,” Corrigan said. “The hearing isn’t going to happen right away, so given what I believe are his serious deficiencies in his performance … my recommendation is administrative leave with pay until the resolution of the charges.”

According to state pension records, Baginski made more than $124,000 in 2017.

The five Republicans on the council voted in favor; Democrat Joseph Brunacki IV abstained, saying he felt there was "more to this" than had been presented.

Role of the clerk

CJ Griffin, co-chairwoman of the New Jersey State Bar Association’s Media Law Committee, said, “The clerk is one of most important roles in town, because they get government records to the public. Access to that information makes it possible for people to monitor finances and see the bills, keep track of what the town is up to. Government should be exposed to public view.”

She noted that problems with record requests"can become very costly. In addition to lawsuits to the town about the requests, there is a provision that if you knowingly and willfully violate that the statute then you can be personally liable,” Griffin said. “The custodian of records can be subject to personal lawsuit if that can be proven.”

More:Nine cars burglarized in Wallington over the weekend

Retaliation claim

Baginski’s attorney Robert Tandy said the action taken at the meeting was in response to a lawsuit that his client has pending against the borough and several council members.

"Mr. Baginski alleges that actions the borough took last night were unlawful and retaliatory because of his protected action,” Tandy said Wednesday.

That lawsuit, filed in May 2017, names the borough and council members Eugeniusz Rachelski, Khaldoun Androwis, Melissa Dabal and Bryan Olkowski. Former Borough Administrator Victor Polce was recently added to the lawsuit.

Weeks before the suit was filed, those council members voted to remove Baginski from the role of borough administrator after he allegedly overpurchased 22,000 gallons of gas, although Baginski says in the suit that his firing was politically motivated. He was retained as clerk.

The charges against Baginski are tenure charges because he qualifies for clerk tenure, having worked at least three consecutive years. A tenured municipal clerk can be removed by the director of the Department of Community Affairs for good cause and is entitled to an administrative hearing.

After an official complaint is filed with the DCA, Baginski will receive notice of a designated hearing date no less than 30 days nor more than 60 days from the date of the complaint.

Email: sobko@northjersey.com; Twitter: @katesobko

More New Jersey news

MARCAL:Marcal schedules job fair for 500 workers left unemployed after fire

JERSEY CITY:Jersey City student found with gun in backpack

WAGE:Here are the details on when and how $15 minimum wage will be implemented in New Jersey