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BEACH HAVEN - The Local Finance Board through the state Department of Community Affairs has issued Mayor Michael Battista a violation.

The complaint was filed by James Vogel, husband of former Mayor Deborah Whitcraft. At the time, Battista was a borough commissioner.

According to a copy of the violation obtained by The Press of Atlantic City, in the closed session portion of the Oct. 27, 2006, meeting of the Board of Commissioners, Battista acted in his official capacity on a matter in which he had a prohibiting involvement. Battista has been assessed a $250 fine, the violation notice states.

The statute Battista allegedly violated says no local government officer or employee shall act in his official capacity in any matter where he, a member of his immediate family or a business organization in which he has an interest has a direct or indirect financial or personal involvement that might reasonably be expected to impair his objectivity or independence of judgment.

Battista violated the statute when he moved and then voted to discipline former borough Zoning Officer Christine Cathcart. Sixteen days prior to the closed session meeting, Battista had filed an appeal through his attorney of a decision by Cathcart, according to the violation notice. The appeal alleged Cathcart improperly applied borough ordinance requirements in approving an application filed by Battista and his wife. Cathcart was called into the executive session at an official Rice Notice hearing to defend her action in connection with Battista's appeal, according to the violation notice.

According to the violation notice, Battista had two opportunities to respond to the allegations by letter in July 2008 and last month. Both letters advised Battista that if a response was not received from him within a specified time, the board would base its decision on the information secured through its investigation.

Battista is entitled to an administrative hearing and a request must be filed with the Local Finance Board within 30 days of the violation notice, which is June 15.

E-mail Donna Weaver:

DWeaver@pressofac.com

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