The legal saga over whether Wildwood Mayor Gary DeMarzo can serve as a commissioner and police officer is not over. Coastal Broadcasting has obtained a request for appeal to the Appellate Division of the Superior Court of New Jersey. Superior Court Justice Valerie Armstrong initially ruled that DeMarzo had not followed the Appellate Division’s ruling stating he needed to make the decision of which role he wanted to hold. DeMarzo is appealing the decision by Armstrong.
The court’s opinion through the Appellate Division is that there is a conflict of interest for DeMarzo to hold both job titles, even if he is on an unpaid leave of absence. Sources have told Coastal Broadcasting that no formal action has been taken to pay DeMarzo any owed time he may have, which would formally end his tenure as a Wildwood Police officer.
DeMarzo is questioning a number of issues in his appeal. According to the document, DeMarzo wants the court to answer:
1) Whether the court had jurisdiction to hear this case because a petition for certification was filed?
2) Whether the layoff plan for Appellant was acceptable as a resignation?
3) Whether the Court was correct in requiring Appellant to resign as a police officer or resign as a commissioner?
DeMarzo initially said when the Appellant Division ruled he had 20 days to make a decision over which job he wished to take that he was planning to appeal the decision to the Supreme Court of the state.