Atlantic City Mayor Criminal Referral To Atlantic County Prosecutor?

Atlantic City, New Jersey Mayor Marty Small appears to have mixed the official office that he holds with the intersection of partisan politics.

Here is the press release and Small’s actions that have been drawn into public question:

The above media advisory was written on official City of Atlantic City letterhead, with the official city logo and Mayor Marty Small and another City employee, Andrew Kramer, Public Information Officer included.

It appears to directly combine the offices of Mayor and PIO with partisan Democratic politics.

Small appears to have utilized City taxpayer assets to promote his appearance at the Atlantic City Democratic Committee Headquarters.

The purpose of the release was to promote Small’s desire to retain a partisan (Democrat - Republican) form of government in Atlantic City.

A ballot question will decide this matter on Tuesday, November 8, 2022 on general Election Day.

At the event, Small criticized Atlantic City Independence Committee Chairwoman, Andra Williams. He further discussed the need to keep Atlantic City under the politically partisan format because of “diversity.”

Small’s justification really made no sense whatsoever, as thousands of Atlantic City residents of African-American, Hispanic, Asian, Bangladesh and other ethnicities had previously signed the petition in support of changing the current political atmosphere and Atlantic City.

Atlantic City Council President George Tibbitt earlier this week called the citizens petition and the ballot question, “a validation of Atlantic City being a true melting pot.”

Only about 300 caucasians have signed the petition. The vast majority of the signers represent minority communities in Atlantic City.

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We have been informed by confidential Atlantic City employee sources that a criminal referral of Small is being sent to Atlantic County Prosecutor Will Reynolds because of Small’s alleged political activities and combining them with his official public elective office.

The Atlantic City employees would only discuss this matter with us, if we agreed to keep their identities anonymous.

They stated that Small is well known for retaliating against City employees who speak out about his actions.

An attorney, who has represented Atlantic City in various positions over the past 20 years told us that it appears that Small has a potential serious legal problem as follows:

• 40A:9-22.5 Code of ethics for local government
  officers or employees under jurisdiction of Local
  Finance Board.
• c. No local government officer or employee shall use or attempt to use his official position to secure
  unwarranted privileges or advantages for himself or
  others;
• There are other provisions under this law that would prohibit political activities especially using official letterhead.
• Potential federal Hatch Act violations.

We reached out to Atlantic City Council President George Tibbitt for comment.

Atlantic City operates under a week mayor and strong city Council form of government, making Tibbitt the highest ranking elected official in Atlantic City.

Tibbitt advised that he is currently reviewing the situation and that he did not wish to comment prematurely before gathering more facts. But, he did confirm that, “I am aware of the situation,” said Tibbitt.

The Atlantic City Hall employees that we have spoken with regarding this matter are confused as to why Small chose to address this matter at the Atlantic City Democratic Committee headquarters, while using his office and City Hall resources to further a political agenda.