Robert F. Edwards v. Housing Authority of Plainfield (Union), 2008-183 & 2009-259 – Supplemental Findings and
Recommendations of the Executive Director
4
meeting to discuss demolition and renovation of Elmwood Gardens. The
Planning Board exchanged questions and answers, but took no action or
vote concerning Elmwood Gardens. [Mr.] Hurd maintained that no
decision to raze Elmwood Gardens had taken place before or at the
meeting and that he did not intend to deprive [the Complainant] of
documents.
Mr. Hurd further testified that at the time of [the Complainant’s] first
request, he did not recall providing documents relating to Elmwood
Gardens to [Mr. William Nierstedt (“Mr. Nierstedt”), Director of Planning
for the City of Plainfield]. He acknowledged at the hearing, however, that
the documents consisted of a site plan displaying a layout of townhouses,
a community building, parking lots, photographs of the present-day
Elmwood Gardens complex, an exterior “street view” of potential
townhouses at Elmwood Gardens, a first-floor plan for Elmwood Gardens,
and a description of the existing structure, zoning, and potential
townhouses at Elmwood Gardens drafted by [Mr.] Hurd, and perhaps he
might have included a zoning map … [Mr.] Hurd further testified that he
submitted the documents individually, not as a single packet. [Mr.] Hurd
did not believe that the material given to [Mr. Nierstedt] contained enough
information to be considered a proposal or plan. [Mr.] Hurd further
testified that the material he provided to [Mr.] Nierstedt was not given to
[the Custodian] … [The Custodian] maintained that no decision had been
made regarding the
disposition of Elmwood Gardens. However,
discussions were had on the future of the housing complex. [The
Custodian] kept a file of notes taken on discussions regarding capital
procurement, rezoning, personnel needs, and other items regarding
Elmwood Gardens.
Prior to the … Planning Board meeting scheduled in July 200[8], [the
Custodian] met with [Mr.] Nierstedt … [the Custodian] acknowledged that
the Planning Board would discuss Elwood Gardens at their meeting in a
format of a ‘question-and-answer session.’ [The Custodian] assigned [Mr.]
Hurd to represent [the PHA] at the meeting, but he did not tell [Mr.] Hurd
to bring any particular documents to the meeting. Moreover, [the
Custodian] had a planned vacation and, thus, had no knowledge of what
documents [Mr.] Hurd would bring to the meeting. At some point after the
Planning Board meeting [Mr.] Hurd informed him that everyone at the
meeting had folders with documents that [Mr.] Hurd provided to [Mr.]
Nierstedt. When [the Custodian] learned of [the Complainant’s] OPRA
request, he maintained that no proposal existed for Elmwood Gardens.
[The Custodian] defined a proposal to be a formal document, waiting for
approval. [The Custodian] further claimed he did not see the newspaper
article referenced in [the Complainant’s] OPRA request until after
submitting his affidavit in the GRC complaint.
[The Custodian] acknowledged that he has known [the Complainant] for
many years and has provided [the Complainant] with certain requested
Robert F. Edwards v. Housing Authority of Plainfield (Union), 2008-183 & 2009-259 – Supplemental Findings and
Recommendations of the Executive Director
5
documents, including an architect’s sketch of parking spaces. Indeed, in
2009 he met with [the Complainant] regarding a request for documents.
Although [the Complainant’s] request was unclear, [the Custodian]
provide[d] a copy of the site plan from his file.
[The Complainant] is a resident of Elmwood Gardens and the director of
The Civic Formation, Inc. [The Complainant] did not attend the Planning
Board meeting. However, he read a newspaper article that referenced the
Planning Board’s discussion on the possible demolition of Elmwood
Gardens, and then he decided to “investigate” the matter. [The
Complainant] went to the Planning Board offices, listened to a recording
of the meeting, and read the minutes and agenda of the meeting.
The Planning Board’s agenda states, ‘All documents are available for
inspection at the Division of Planning and Community Development.’
[The Complainant] testified that [Mr.] Nierstedt told him that the Planning
Board was not the custodian of the proposal. [The Complainant] then
concluded that [Mr.] Hurd’s memo dated July 22, 2008, indicating that no
proposal existed was contradicted by the minutes of the Planning Board
meeting.
…
The minutes reflect that [Mr.] Hurd ‘addressed a conceptual layout plan
showing a photograph of the existing structure, a proposed layout of the
townhouses, a first floor plan, open space area, a community building and
a parking lot layout.’
At the hearing, [the Complainant] adopted his certification, in which he
states that he met with [the Custodian] after the GRC’s decision on June 8,
2009,
6
and he received a copy of the Elmwood Gardens site plan. [The
Complainant] conceded that he never asked specifically for any particular
document during that meeting or provided any clarification about what he
was seeking or what he believed existed.
Subsequent to providing testimony in October 2011, [the Complainant]
submitted several packets of documents. [The Complainant] also
requested an adjournment to obtain legal advice and to amend his witness
list. [The Complainant] further asserted that since 1991, [the PHA] has
targeted him with ‘reprisal, abus[e], and disparaging conduct’ for filing
‘appropriate complaints regarding unsafe conditions, code violations, etc.’
[The Complainant] also submitted photographs of Elmwood Gardens and
raised several objections to the proceedings before the OAL, including the
manner in which he was cross-examined. [The Complainant] claimed he
was subjected to opposing counsel’s badgering and disparaging comments
and remarks. Based on the arguments of the parties, I granted [the
6
The Council rendered all decisions concerning the two (2) complaints at issue herein after June 8, 2009.