Councilwoman Toffler Withdraws Lawsuit Against Township Council
Teaneck councilwoman expected to release statement on her decision, attorney says.
Councilwoman Barbara Toffler has withdrawn her appeal to a lawsuit she lost against the township council.
Toffler’s attorney, Erik A. Hassing, said his client was away but would likely issue a statement in the coming weeks to explain her decision.
The councilwoman filed suit against the council in June 2011, alleging her rights to free speech and due process were violated when the governing body censured her for accusing Police Chief Robert Wilson and Township Manager William Broughton of retaliation. Toffler had claimed the two spread news of a fender-bender she was involved in because of her opposition to a failed plan to hire Wilson as public safety director.
In December, Superior Court Judge Charles E. Powers dismissed Toffler’s bid to have the censure overturned. Toffler’s suit also sought reimbursement for legal fees, but no damages.
After the lawsuit was tossed, Toffler said she planned to appeal and worried the council's censure would become a tool to silence dissenting political views.
"As people in Teaneck know, I am committed to free speech, truth and justice, which are denied by this judgment," Toffler said in a December statement.
An attorney for the town council had argued the censure was necessary for Toffler’s “unsupported, inappropriate and erroneous" claims made to a reporter about Wilson and Broughton. The two officials were ultimately cleared of any wrongdoing, according to a council resolution.
Karin Kiesow-Irvine
10:34 am on Friday, February 10, 2012
"As people in Teaneck know, I am committed to free speech, truth and justice, which are denied by this judgment," Toffler said in a December statement.
Have to wonder why she backed down?
Keith Kaplan
11:13 am on Friday, February 10, 2012
Because the chances of winning against a decision like this are so slim as to just be throwing good money after bad.
Karin Kiesow-Irvine
11:58 am on Friday, February 10, 2012
Ahh, you missed the Jersey Sarcasm Keith...
JeffO
1:33 pm on Friday, February 10, 2012
Thanks for "liking" my comment on Northjersey.com's story, Karin:
http://www.northjersey.com/topstories/teaneck/139011979_Teaneck_Councilwoman_withdraws_lawsuit_.html
Karin Kiesow-Irvine
1:39 pm on Friday, February 10, 2012
you are welcome JeffO..I find it all rather amusing really considering what is going on in the real world. Town politics is like the new funny pages .... :)
JamesTS
2:18 pm on Friday, February 10, 2012
Karin has a point. I dont like how the council is doing things either but lawsuits? come on. lets deal with the big issues. Quality of life, the park to name a few. Seems to me best for this issue to be put to bed, and stop having news articles making teaneck look bad.
Tim
4:05 pm on Friday, February 10, 2012
Now its time for the township to sue Toeffler for recovery of the tax payer dollars wasted defending against this frivilous lawsuit!
Mildred
4:53 pm on Friday, February 10, 2012
@Tim, She had a right to sue, she did not make that statement. It was Adam Gussen who told Joe Ax that the names. Barbara did not give anyones names to the press. The judge did not allow the case to go forward because the 45 day grace period had passed. Plkease know your facts ! If the council had invesitagated there would be no lawsuit at all !!!!!!
Mildred
5:07 pm on Friday, February 10, 2012
Ps: If they are going to censure someone who has impeccable credentals, they should at least do an investistagation .....
Art Vatsky
11:53 am on Saturday, February 11, 2012
I think that the cost and stress of the appeal were the deciding factors for Ms. Toffler dropping her appeal. The members of the Council should know the inside story. If Ms. Toffler was indeed misquoted, there was NO foundation for the censure. My view as a member of the audience on the night that she was censured was that there was a rush to judgment, with Ms. Toffler being unsure when it was proper to speak. Another sad episode in our Council chambers.
JamesTS
12:36 pm on Saturday, February 11, 2012
IF she was 'misquoted" then why hasnt she demanded a formal retraction from the numerous media sources that reported her comments? id this rather this entire thing go away but just pointing that out.
Keith Kaplan
9:33 am on Sunday, February 12, 2012
Art, Mildred - the Judge, in his opinion said that even had the 45 day period not expired he STILL would have ruled the same way. Read the opinion.
As to a rush to judgment, it's one thing to say the council was wrong, are you also claiming that Judge Charles Powers got it wrong too?
Art Vatsky
12:16 pm on Sunday, February 12, 2012
Keith: My comment had to do with the proceedings of the Council meeting, not the 45 days. It was just not clear when she was supposed to speak in her own defense. No one said, "Ms. Toffler, you are now free to speak on your own behalf. If you don't speak, we will proceed with the censure motion." What I recall of the judge's finding is that there was a gap in time where she could have spoken. No one instructed her to do so, so she missed the opportunity. Council members can correct me if I am wrong.