Barbara Toffler responds to David Lerer

Dear Esther,

Here is my full response (questions are below) to David Lerer. It is so long, it's difficult to cut up into separate posts. I hope you can publish it in its entirety. Thanks so much, Barbara:

David, Counter to everything I have been advised by my legal counsel I, as your elected representative, will respond ONCE to your questions. there will be no dialogue, and further discussion will take place between counsel. I do this with enormous trepidation, in an attempt to stop your harassing behavior. If you use any statement I have made to distort facts further about me or any other person, I will ask Mr. Turitz to take legal action to protect the Township of Teaneck against harm you may cause. Barbara Ley Toffler, Ph.D.

ANSWERS:

1.Yes, I applied to TVAC. After accepting Daniel Senter's invitation to each Councilmember to tour TVAC facilities. I had an exciting two hour discussion with him, I said that I wish I were within the age range to apply, since I always wished I had gone into some aspect of medicine. Danny encouraged me to apply. If you know him, you know the enthusiasm he displays. I withdrew my application after my former colleague, former Mayor Feit, convinced me that the time demand of the EMT course and the probationary period would not allow me to fulfill my Council duties as responsibly as I do. Election posturing? As Mayor Feit said -- I would be taking on too many things. Why would that encourage someone to vote for me. (I'd still love to be an EMT. Would love to be a physician if I were starting all over!)

2 .As Mr. Broughton and anyone who attends Council meetings knows I am a strong and constant supporter of his. He has grown into a first-rate Manager. What you refer to are my concerns that some members of Council had not attended all the candidate interviews during the hiring process, and thus the process should have been halted and re-initiated. I did not believe Councilmembers should vote on people they had not seen. Several weeks after the vote, I felt obligated to enter my objection to the process (not to Mr. Broughton) into the public record. That record is available if you care to take the time to listen.

3. I disseminated NO negative campaign literature during this past election or the 2008 election. I disseminated NO literature at all during this past election. Every piece of literature I distributed, or that was distributed in my name in the 2008 election spoke the documentable truth.

4. Patrick McGilloway was recommended to me by Katya Wouk, webmaster and Director of PR for Montclair. All members of Council looked at that website and others he designed. The problems with the website (which is still in use) were complicated, related to among other things, moving from acting manager Fehrenbach to new Manager Broughton. the decision to have the department heads work as the design team and advisory committee to McGilloway (tho none had any website experience) and, in general the enormous changes going on in our town government at the time. Mr. Broughton, Mr. McGilloway, our IT team and the department head committee will all say that communication among them wasn't working. Mr. McGilloway called me one day and asked if he could see me to show me what he felt should be done, according to his contract, and the choices that were made that he couldn't support. Probably foolishly I suggested he stop by my house. For about a half hour he walked me through his plan and the town's plan. It was clear there was a disconnect that was likely unsolvable. Subsequently Mr. Turitz met with all parties and they agreed to dissolve the relationship. I have read the contract, I have the contract, and I believe McGilloway fulfilled the contract as best he could and was entitled to the remaining $6000 on his contract. At issue was the second stage of the program - did he or did he not complete it. Since the second stage was on barely sketched out, the guiding words were to the effect that the second stage would be determined during the first stage. That, all agree, was never done. He did not complete the second stage because there was not a full second stage. A majority of the council chose not to pay him the $6000. I disagreed -- but it was based on my knowledge of the contract and the work he had done. That is my role as a responsible Council person.

5. Dog Park. I was for it because I have a dog and Sagamore Park is nearer than Overpeck Park. I spent some time learning about drainage problems in the area, distance from neighbors' houses, and noise and odor concerns and decided, based on information I did not have when we first discussed it, made a different decision. Again -- what a responsible Council member should do. I will change a decision if additional facts and related information, change the original scenario in any situation. Again, role of a responsible decision-maker.

6. I actually am not an offender at all (as you would know if you attended Council meetings). Since I joined the Council in 2008, my cell phone has rung 3 times when I forgot to turn it off. An announcement at the start of meeting would remind me and everyone else to do so.. I do not believe any councilmember should have an active cell phone, Blackberry etc. with him or her on the dais. The clerk will answer the main phone if there is an emergency for anyone. Residents have spoken about Councilmembers and Planning Board members reading their Blackberries and texting (often to each other), in violation of the OPMA. An attack on the practice about which I was concerned was made most eloquently by Councilmember Honis before I was on the Council.

7. Re the Garden Club and Greenhouse, I sent Mr. Broughton an email telling him how delighted I was with their response, and that they are fully giving back to the town for what we pay for their utilities. Following a meeting I had with several members last winter, they have cut use of heaters from 6 to 2, weatherproofed the greenhouse windows, created the garden outside the library, cleaned and improved the herb garden, conducted pre-school programs in the herb garden in conjunction with story-telling at the library -- on top of everything else they were already doing in the town. Thank you for giving me this opportunity to my blow my own, and their, horn. It's a wonderful collaboration.

8. The student working for my husband and me was paid fully out of our own resources on a 1099 basis. No Council funds were used, nor was any of my $7000 Council salary used. I believe a Councilmember is allowed to use that title in township activities without its being thought that the activities are supported by the whole Council. If the use of "Councilmember" title can only be used when dealing with something supported by the whole Council, all Council members past and present will be found wanting. However, I leave this to Mr. Turitz to determine.

9 - 10. I do not believe that I, as your duly elected official, have any obligation to answer these two questions.