Wednesday, November 18, 2009

Assemblyman Cryan Sends out SOS to Christie

While Chris Christie has been the Governor-Elect for a mere two weeks, apparently the Assembly Democrats are desperate for help that they have issued a press release calling on Christie to offer solutions. Someone ought to tell Assemblyman Cryan that Chris Christie doesn't take office until January 19, 2010, another two months away.

If Cryan was sincere in wanting Christie's help, he'd pick up the phone and invite Christie on over to his office. Even blindfolded, with one hand tied behind his back, surely Christie could draft 10 cost saving measures in less than 10 minutes.

Instead of writing idiotic press releases and embarrassing themselves, Cryan and his fellow democrat Assembly members should get some work done. Weren't the robocalls embarrassment enough?


Press Release:

"CRYAN: TIME TO HEAR REAL SOLUTIONS

(TRENTON) - Assemblyman Joseph Cryan (D-Union) released the following statement on Monday following Gov.-elect Chris Christie's news conference:

"Gov.-elect Christie gave few specifics in his campaign, and we're still getting the same political speak.

"Considering the lingering impact of the global recession, it shouldn't be news to anyone that the state budget is in tough shape, as it is in states throughout the nation. Gov.-elect Christie needs to begin offering real solutions."

Tuesday, November 17, 2009

Public Annoucements of Lawsuit Settlements

Too often the public is kept in the dark when lawsuits are settled even though those lawsuits are settled with tax dollars. Recently, the County Watchers uncovered one such instance where the settlement details of a lawsuit would never have been public knowledge if not for the County Watchers' tireless efforts.  See here and here

Recently, I was told that the lawsuit filed by former Linden employee, Dawn Kologi, was also settled, yet no information has been made public. Why?  The public has every right to know. 

One gutsy town is considering making the terms and amounts of settlements public knowledge by announcing them at public meetings.   From New Jersey Open Government:

"Andover Township (Sussex County) is presently considering an ordinance that would require the mayor, at the following Township Committee meeting, to "publicly announce the amount and terms of" any judgment or settlement arising out of a civil lawsuit against the Township or its employees."

See full story here

As John Paff of New Jersey Open Government notes, it takes a great deal of effort to track information and encourages citizens to request their municipalities to adopt a similar ordinance.  This should not be an option; it should be a requirement for any town, county or state agency when public monies are used to settle cases.  Taxpayers shouldn't have to hunt down this information.  Get on with it already. 

Another case, Asbury Park Press v. Monmouth, A-8-09,  has made its way through the Courts, reaching the Supreme Court, regarding whether sexual harrassment settlements should be subject to the Open Public Records Act.   That decision is pending.  Not only should the Supreme Court allow the public to review such settlements, make it RETROACTIVE. 


Besides Cryan, Who Else is a Drain on the Taxpayer?

The County Watchers has published a statement written by Bruce Paterson which can be read here regarding Assemblyman/Union County Undersheriff/State Democrat Chair/Former Camelot Interest Owner Joseph Cryan.

Most likely, the freeholders dismissed Paterson's pointed sentiments in their "who could care less" manner, and probably had a good laugh afterwards to boot. Who can blame them? The voters tell the same self serving, tax hiking, political mongering freeholders what a great job they do by re-electing them year after year. The voters are not only willing to be overcharged for poor representation, but, in fact, scream for more come every election.

In addition to the points raised by Bruce Paterson, Assemblyman Cryan, along with his legislative colleagues, Senator Raymond Lesniak and Assemblywoman Annette Quijano, jointly co-authored a scathing letter crictizing State Attorney General Anne Milgram, the State's top law enforcement officer, for bringing charges against two of their beloved political operatives. See here for details.

While a Superior Judge characterized Jamel Holley's ballot tampering as simply being"overzealous", an Appellate Court panel cited the offenses as “rampant statutory violations". I respect the Appellate Court's findings.

The other political operative, Hillside resident, Rosemary McClave, was charged with theft of campaign funds and was accepted into a pretrial intervention program. Senator Lesniak shrugs off the charge claiming they should not have been brought because the poor woman is suffering from Parkinson's Disease. Lesniak went on even further to actual condone McClave's behavior because, Lesniak says: "For the work she did - never to get paid - it's a good thing that her case never went to trial." As incredulous as Lesniak's statements are, he's serious.

It's more than disturbing that a Senator and Undersheriff, who hold offices of public trust, would chose to attack the Attorney General and defend a thief. Meanwhile, many elected officials are currently in prison, with ex-Senator, Joe Coniglio, being shipped off today to begin his sentence for defrauding taxpayers. Yet Senator Lesniak and Assemblyman Cryan write no letters admonishing Coniglio or any of their incarcerated colleagues.

Attorney General Anne Milgram is stepping down from her position and stated so before Corzine lost the election. One can't help wondering if elected officials such as Lesniak or Cryan have been impediments to her work. Whatever Lesniak and Cryan's reasons were for writing such a letter, it was inappropriate IMO and defies all logic.

Overtaxed taxpayers pay for three Undersheriffs as follows:

DeTrolio $121,000
Green (son of Assemblyman Jerry "Dumped his Dumps" Green) $102,838
Cryan (Assemblyman, et al) $111,744

Cryan has the least amount of law enforcement experience of all the Undersheriffs. Note that while Trenton is in session, Cryan may well spend two of his work days down in Trenton, collecting an extra $49,000 a year, bringing his annual income to a little over $160,000. It is interesting to note that Cryan's boss, Sheriff Ralph Froelich, is barred by law from holding a similar dual office.

The following excerpt are taken from an article published by From New Jersey Policy Perspective. At the time the article was published, there were three Assemblymen double dipping as Undersheriffs, only one, Alfred Steele, has been arrested and incarcerated on corruption charges. The bolded sections are my emphasis.

"How Much is Enough?

Drawing the Lines on
Multiple Public Job Holding in New Jersey

By Tom O'Neill and Bill Schluter

CASE STUDY: THE UNDERSHERIFF

The issues involved in arriving at a well-reasoned decision respecting the right of citizens to hold public office can be illustrated by analyzing whether county undersheriffs who serve in the Legislature can "discharge faithfully, impartially and efficiently the duties of both offices." Three undersheriffs were serving in the Assembly at the time of our survey: Joseph Cryan, Gordon Johnson and Alfred Steele.

New Jersey law bans county sheriffs from holding any other civil office. Unlike sheriffs, undersheriffs are not elected. They are appointed by, and serve at the pleasure of, the sheriff and hold authority to execute all the ordinary duties of the sheriff. Despite what appears to be a significant overlap of functions, undersheriffs serve in the Assembly in spite of the ban on sheriffs doing so. As one of two principal county law enforcement officials, along with the prosecutor, it has been deemed important for sheriffs to be seen to be free of conflicts of interest and of obligation.

Such considerations applied to undersheriffs, too, until relatively recently. In the Westcott v. Briant decision almost a century ago, the New Jersey Supreme Court held that an undersheriff was barred from serving as a freeholder or in other civil office, because an undersheriff "holds and exercises the office of a sheriff." The court reasoned that since the Legislature specifically said the office of sheriff was incompatible with any other civil office, a sheriff could not remove the inconsistency by appointing a person--the undersheriff--to do the very thing which the law prohibits him from doing.

But in 1980, the Appellate Division broke with this precedent. It reversed a trial court's decision that had barred Peter Curcio, an undersheriff in Bergen County, from holding a gubernatorial appointment as an unsalaried member of the Hackensack Meadowlands Development Commission. The trial court, following the 1909 precedent, had ordered Curcio to "choose which civil office he elects to retain." In reviewing the trial court decision, the majority of the appellate court found that the State Supreme Court erred in Westcott when it interpreted the statute as defining the holding of the office of sheriff and any other office as incompatible. The appellate court concluded Westcott should have been decided on the narrower ground that "the two offices of undersheriff and freeholder were incompatible as a matter of common law." The appellate court could not "detect the slightest incompatibility" between the two offices of undersheriff and HMDC Commissioner. It saw no "valid reason to extend the statutory prohibition to undersheriffs."

Today, then, the statutory prohibition of a sheriff holding another civil office is not being interpreted as barring an undersheriff from holding all other civil offices, only those found to be incompatible with the office of undersheriff. That was the finding in Westcott: the office of freeholder is incompatible with the office of undersheriff because freeholders can determine the salary of an undersheriff.
The appellate decision in the Curcio case requires careful discrimination among public offices depending on the degree of actual conflict among their duties. Almost everyone will agree that little danger of conflict of interests or obligations, or even the appearance of such, arises if an undersheriff serves as one of seven unsalaried members of the HMDC. But the duties of the offices of legislator and undersheriff involve a broader range and wider discretion that can, and arguably do, come into conflict with one another. A fair-minded application of the tests of incompatibility established in New Jersey suggests that employment as an undersheriff is incompatible with service in the Legislature. Those four elements of incompatibility, outlined in Marini v. Holster, are:

The two offices cannot be executed by the same person

They cannot be executed with care and ability

One is subordinate to another

One interferes with another

From a legal standpoint, the incompatibilities of the two positions should be evident. The state courts protected by the sheriff's department are funded by and governed by state statutes, adopted, amended or repealed by the Legislature. The civil and criminal law enforcement aspects of the position are defined by state statute, and the separation of powers doctrine divides the responsibility of making and enforcing the law. Finally, the performance of sheriff's departments around the state fall under the oversight of the Legislature. Practically, the duties of an undersheriff are, or should be, demanding and substantial-- a true, full-time job. How can an Assemblyman, who is devoting up to 70% of his time to legislative responsibilities, perform fully and effectively the responsibilities of undersheriff?

The appointment of the undersheriff by the sheriff can bring into question the independence of the undersheriff as a legislator, especially—but not exclusively—on issues relating to the powers, duties and operations of sheriff’s department across the state.

It seems clear that an application of reasonable tests of incompatibility gives a sound basis to believe that the positions of legislator and undersherriff should not be filled by the same person. The grounds would appear to exist for a case to test whether holding the two offices would be found incompatible by the courts today.

Moving from the legal to the practical, an appointment of a legislator as undersheriff leaves room for concern over whether the latter position is little more than a sinecure for legislators who need another income. Taxpayers need to know if the appointment is simply an arrangement through which an elected official can draw a salary and report to a supervisor who will be sympathetic to the pressures of legislative office, including the need to spend two days a week in Trenton, raise funds and campaign for several months every two years and maintain hours at the district office."

Friday, November 13, 2009

Ex-Employee/Wife of City Attorney Suit Settled

After commenting about a lawsuit that was filed against the City by the wife of one of our City attorneys, I was told that it was settled a couple of months ago.  I reviewed the council meeting minutes that can be found on the City website and could find no reference to the lawsuit or its settlement. 

According to my source, the lawsuit was settled for $140,000.00 and thankfully for overtaxed taxpayers no where near the $2 million ex-employee, Dawn Kologi, was looking for.

It boggles my mind that the City participated in illegal activities which could cause this action having merit when the City is under the legal guidance of City attorney, Edward Kologi, the husband of the plaintiff, as well as three other attorneys.  Isn't it the duty of any City attorney to bring any acts of malfeasance to the attention of the City, if, in fact, it exsists, so it may correct its behavior?  

This is another example of the fallout that occurs when hiring practices are guided by politics.

I've compared being a City attorney to winning a lottery on past ocassions.  Who knew that comparison would one day apply to the wife of a City attorney? 

Here's the original story from the S.L.

"Official files notice of intent to sue Linden
Claim alleges harassment in recreation department
Tuesday, February 05, 2008
BY ALEXI FRIEDMAN Star-Ledger Staff


A Linden official has filed notice of her intention to sue the city for $2 million, alleging harassment and retaliation in the workplace that prevented her from being promoted.


Dawn Kologi, assistant superintendent of the Department of Recreation and Community Services, filed her notice of claim Jan. 29. In it, she named the City of Linden and its Department of Recreation, along with city council president Robert Bunk and councilman Derek Armstead. The action also names four employees in the Department of Recreation: superintendent Alfred Volpe, Walter Martin and Lenore and Richard Price. Lenore Price -- who is married to Richard Price -- is councilman Bunk's daughter.

The notice of claim precedes an actual lawsuit.


Kologi's action is made all the more complicated because she is the wife of Edward Kologi, who is Linden's city attorney. Linden must now hire outside counsel to investigate the matter because of the inherent conflict of interest, Mayor Richard Gerbounka said.


The claim contends that after Dawn Kologi reprimanded Lenore Price in December 2005, then later reported to Volpe what she believed to be "a number of instances of unlawful conduct," the conduct intensified over the next two years. It culminated this past December, when Volpe transferred Dawn Kologi's duties to Walter Martin, a subordinate employee. The Star-Ledger obtained a copy of the three-page notice of claim.


Dawn Kologi also alleges that councilman Armstead, who was then personnel and finance committee chairman, tried to convince Volpe to defer his scheduled retirement, so as to eventually prevent her from being promoted to superintendent. Volpe still leads the Department of Recreation.


Dawn Kologi's attorney, Domenick Carmagnola, said a letter was sent to the city a few days before notice was filed, asking to address his client's issues. Instead of investigating the complaints, officials placed Dawn Kologi on paid administrative leave without any explanation, Carmagnola said. She remains on paid leave.


"There can be no clearer evidence of direct and intentional retaliation than this," according to the notice of claim. Carmagnola, who said his client wants to keep her job with Linden, added that if the city does not respond within six months, he would proceed with the lawsuit.


No one from Linden would comment on the specifics of the notice of claim, although Bunk said it has already been turned over to the city's Insurance Fund Commission. Gerbounka said an attorney would be hired this week -- with no connection to Linden -- "to fact-find this whole problem."


While the mayor said he wasn't taking a position in the case, he expressed his displeasure that the city -- already financially strapped -- has to now spend more money on a lawyer.


"It's upsetting when we could be focusing our energies on positive issues that could benefit the taxpayer," he said.

Alexi Friedman may be reached at (908) 302-1505 or afriedman@starledger.com."









Thursday, November 12, 2009

See Skatepark for Yourself

I remembered Linden's JohnELinden uploaded a couple of YouTubes of the Skatepark.  Notice the homes in the background.  The kids are fine, just having fun, but seriously, can you imagine living with that noise in your backyard?




Wednesday, November 11, 2009

Skatepark Clouded by Politics

At last night's council meeting, skateboarders came to question the governing body as to when, if ever, the skateboard park would be re-opened.  Keep in mind, the skatepark was closed two years ago.  The skateboarders, while not getting the answers they were looking for, remained tactful and respectful. 

Originally, the skatepark was placed in Dobson Park with no imput from the surrounding residents.  Worse, the residents weren't even notified of the drastic change that took place in their neighborhood.  I took a ride over there myself one day and the noise was thunderous.  The skatepark was practically in the backyards of the surrounding homeowners.  I also attended a wake at Leonard Lee during the period the skatepark was open, and I could see why the owner of the funeral home was upset.  He had every right to be as did the other residents who pleaded with council to shut the skatepark down.

Council President Bunk thinks the noise is just fine and dandy and said as much last night. I disagree. People should have a right to an expectation of some peace and quiet. A skatepark in your backyard is anything but peaceful.

Council President Bunk did little to hide the fact that the skatepark has become a political football and, in fact, added fuel to the fire last night by practically laying all the blame at Councilman Harvanik's door.  The only problem, real or imagined, is that Councilman Harvanik was not even a council member when the skateboard was voted upon nor was he when it was placed in Dobson Park.

While a skateboard park is a great idea, it was a hastily, poorly thought-out concept.  I found a skateboard website which contains a good deal of information here.  IMO, the first mistake council made, besides not having a practical location, was purchasing a pre-fabricated skatepark.  A poured concrete park, while more expensive, would have lessened the noise impact.  It also has a much longer life expectancy. 

Wherever council decides to place the skatepark, the decision should be made for the greater good of the entire community and the safety of the skatboarders as well.  Leave the politicking for election time.

Amendment:  According to President Bunk, the skatepark will be built at either Memorial Park inTremley or Wheeler Park.  The City will apply for Green Acre approval for the Memorial Park location, which may take up to 120 days.  Once that approval is received, council will decide between the two locations. 

Sunday, November 8, 2009

Lawyer Mockumentary

Lawyers get a bad rap, a lot of it well deserved.  Here in Linden, we have four part-time attorneys on handsome salaries and accumulating pension benefits, benefits which aren't even being funded because that's how unaffordable they've become.  It's highly doubtful that those same attorneys offer those same benefits to their employees at their own law firms, but, incredibly, the taxpayers are on the hook for these lawyers' full time benefits for part time work. Kologi assures us it's a bargain though.  Poor overtaxed taxpayers.

Linden is embroiled in all types of litigation, even being sued by the wife of one of our very own attorneys.  A good lawyer is not only suppose to advise his clients, but he should do his best to keep his clients insulated from lawsuits.  Bad lawyering, bad governing or both?  Whatever the answer, the taxpayers pick up the hefty tabs.

Who can resist a good lawyer story? This particular lawyer take a novel approach to peeling back the lid off the worm can for a revealing look into one NJ law firm here in a blog he describes as a Mock U Mentary  I post it for entertainment value only, although the issue of free speech and other issues associated with this story are worthy of following.  It's also a human interest story as well.  Employers need to be mindful on how they treat their employees.