Legal But Opaque Part 2: A Case Study of the Berkeley Heights Recreation Hire

In part one of this single thread analysis, NJ21st examined how public contracts, political relationships, and decision-making structures can intersect in ways that are entirely legal, but often difficult for the public to fully trace.

It’s primary focus was the system.

This article seeks to raise a different question.

What does that kind of opacity look like in real time inside a single town, tied to a single decision with a clear timeline the public can follow?

In Berkeley Heights, a sequence of events involving the Recreation Commission, a newly created position, and an executive order offers a window into how decisions can move forward without a clear public record of how or why they were made.

As I reported from the 3/16/26 council meeting, a member of the public raised suspicion regarding the time line of events surrounding the Chair of the Recreation Commission. A recent OPRA lawsuit ruled in favor of NJ21st obtaining Ms. Varnerin’s personal emails regarding her business on behalf of the Township followed by the sudden resignation from her role as volunteer Chairwoman of the Commission.

On October 27, 2025, Ms. Varnerin resigned as Chairwomen of the Berkeley Heights Recreation Commission.

On October 28, 2025 the Township of Berkeley Heights published a job posting for Recreation Project Manger.

On November 4, 2025, at the Town Council meeting, a member of the public asked if newly resigned Recreation Commissioner, Deborah (Debbie) Varnerin, was hired by the Township. Due to the absences of Mayor Devanney, Councilwoman Illis responded that Ms. Varnerin was not employed by the Township and Ms. Viana confirms that Varnerin (at the time) was not employed by the Township.

On November 12, 2025 Mayor Devanney signed an Executive Order appointing Ms. Varnerin to the position of Recreation Project Manager for $25 per hour with a maximum of 15 hours per week.

On December 18, 2025 the Recreation Commission meeting minutes reflect that the Commission is no longer “paying or leading the LC (“lower Columbia”) project moving forward – now referred to as the Sports Complex.” No mention of Recreation Project manager, nor was Ms. Varnerin listed as being in attendance. The responsibilities and duties of Recreation Project manager is, at this time, unclear, but the order authorizing her employment regards her as a subordinate to the Township Administrator.

On 3/16/26 a resident questioned the Mayor regarding the Recreation Position and the employee hired by Executive Order. The resident also raised the suspect timeline and asked why the Township is paying a person who was doing the same job as an unpaid volunteer. Devanney responded that “she quit” and “was the most qualified candidate” for the position.

The Township Website does not reflect Ms. Varnerin as an employee of the Township nor is there any recognition of her position or contact information.

On March 20, 2026, I submitted an OPRA request to the Township asking for the missing 2025 -2026 agendas and minutes for the posted 2026 meetings for the Recreation Commission. Following my request, minutes from 2025 were posted in addition to the agendas for all 2026 Recreation meetings – they have a standard agenda for every meeting. As of this publication, the Recreation page has a March meeting date listed which is missing from the Agenda & Minutes page on the website.

The OPRA also requested the ordinance authorizing the creation of “Recreation Project Manager”.

The Records Custodian replied on March 27 stating that agendas and approved minutes had been posted and that no record exists because no ordinance approving the creation of this position exists.

NJ Municipal Code states:

In New Jersey, the creation of township jobs and municipal positions is primarily authorized through the adoption of ordinances by the township committee or governing body, as empowered by the Home Rule Act (N.J.S.A. 40A:62-1 et seq.). The governing body establishes positions, sets compensation through salary ordinances, and defines duties, typically requiring a majority vote.

The Berkeley Heights Municipal Code for Recreation Commission reads:

• 2.76.070 – Salaries of appointees.
The board may appoint a secretary or clerk and such number of custodians, supervisors and assistants for the several playgrounds and recreation places under its control as it shall think necessary and shall fix and determine their salaries.
(Ord. No. 2-2010, § 2, 3-9-2010)

There is no current public document, ordinance or resolution, authorizing the creation of this position and it’s salary range contained within Town Council or Recreation Commission Agendas or Minutes from September 2025-current. The Mayor is well within her purview to initiate an Executive Order to appoint a paid Township employee. However, I reached out to the New Providence Borough Administrator who stated that Mayor Morgan has not issued an executive order in the 6 years of her employment.

It is also important to note that Ms. Varnerin is listed as holding two other tax funded positions in Union County – one on the Board of Elections and the other in Tax Collection for Mountainside. NJ21st has submitted OPRA requests for salary records relating to both positions.

The Mayor bypassing a process that ensures that the business of the township is transparent, fair and equitable and that all applicants have a fair opportunity for employment raises significant questions. When the person being hired is a politically connected commodity on the local and county level and a friend of the Mayor, it can raise ethical concerns surrounding the decision making of the Township, its administration and those who, sitting on the dais as council members, turn a blind eye while all this is happening.

Standing alone, each step appears to carry a valid explanation that can easily be assumed.

A resignation.

A job posting.

An appointment.

A justification.

However, when taken as a whole the timeline raises a more important question-

How did all these pieces, in what ought to have been a straightforward process, all come together to create such an opposite result to what one would expect for such a locally prominent and recently well covered position?

This isn’t unique to Berkeley Heights.

It is how opacity works.

Not as a single act, but as a series of small decisions when, taken together, move outside of public view.