Toms River council adopts new meeting rules; mayor says he will seek court relief

The Toms River Township Council on Jan. 1 adopted a package of rules and regulations for 2026 that drew sharp objections from the mayor and some residents and set the stage for a likely court challenge.

Council members moved and voted on a resolution establishing meeting rules that, among other provisions, direct members to remain present for the entirety of a meeting and specify procedures for seating and decorum. Councilman Nieveson moved the resolution and Councilman Robert Bianchini seconded it. During debate, Councilman Coleman argued the provisions "appear to violate code, state statute, and the constitution" and said, "The last time I was told what seat I had to sit in... was in kindergarten," and announced he would vote no. The roll call reflected a divided council: several members supported the resolution while Coleman, Councilman Harry Aber and Councilwoman O'Toole recorded no votes.

The rules prompted an extended response from Mayor Roderick during the elected-officials' portion of the meeting. In a forceful address he said the measures amounted to "an assault on transparency, accountability, and basic principles" and argued the rules were designed to "force council members to sit through hours of orchestrated attacks" from political opponents. He told the council he was directing the township attorney to file in Superior Court seeking "injunctive relief and declaratory judgment" in the coming week.

Supporters of the rules said they were intended to improve decorum and predictability in meetings. Opponents — including the mayor and multiple residents during public comment — said the language risked criminalizing ordinary departures from meetings or chilling free speech. Town counsel acknowledged the dispute and told the council there could be an open legal debate over the scope and enforceability of penalties mentioned in the rules.

Votes at a glance — key recorded actions from the meeting:
- Rules and regulations for 2026 (Item 12): motion by Councilman Nieveson, seconded by Councilman Bianchini; recorded rolls showed a split vote with several council members opposing (outcome: approved by majority as recorded).
- Renewal of membership in the Ocean County Municipal Joint Insurance Fund (Item 13): motion by Councilman Nieveson, seconded by Councilman Bianchini; several council members voted no (outcome: approved by majority as recorded).
- Consent agenda items and calendar of 2026 council meetings (Item a): approved by roll call (outcome: approved).
- Item G: motion to table to Jan. 14 (mover: Councilman Bradley; seconder: Councilman Bianchini); tabled on recorded roll call.
- Item Q (zoning-board appointments): motion by Councilman Bradley, seconded by Councilman Bianchini; roll call recorded mixed votes and the appointments were read into the record and approved as moved.

The council also read an ordinance to amend police promotion-list procedures and set a hearing date for Jan. 14, 2026. The clerk read the ordinance text into the record, including proposed changes allowing a one-year extension of promotional lists in certain circumstances.

What happens next: Mayor Roderick said he will ask the township attorney to file for injunctive relief and a declaratory judgment in Superior Court. The council said it had received legal advice before the meeting and that disputes over statutory interpretation and constitutionality may be decided in court. The ordinance affecting police promotion lists was given a hearing date of Jan. 14, 2026.