The grift that keeps on grifting

Back in November of 2017, we spent a couple of days examining former Mayor Eric Jackson's failed Trenton Resident Employment initiative. We outlined how there was nothing to show for the program or the money paid to Charles Hill, the consultant hired to shape and oversee the initiative. Should anyone be surprised to learn that all these months later, Mr. Hill still hasn't been made to answer for his blatant ripoff of the city?

To recap: in September of 2014, early in the Jackson administration, the council passed an ordinance creating the Trenton Employment Commission. The purpose of the commission was to meet monthly to oversee the Mayor's Trenton Resident Employment Initiative.

Thirteen months later, in October of 2015, the council passed a resolution authorizing a one year/$50,000.00 contract with Hill Consultants LLC and its principal, Charles Hill coordinate and implement the initiative.

We pointed out at that time very little work had been done; no one had been appointed to the commission; no meetings of the commission had been held; and Mr. Hill seemingly walked away after billing the city and being paid about $23,000.00 for his alleged work on the project.

It was also noted at the time that Mr. Hill appeared to have arbitrarily and unilaterally raised his hourly billing rate from $100 to $125 on the six invoices. He was paid the extra money and no one ever blinked an eye or raised a question.

Even after we published our findings and shared the same with the DCA and its Trenton "monitor", no one from the state, the administration or the city council bothered to inquire into what happened to the initiative or what did the city really receive for the money spent.

Well, as it turns out, the city did make at least a half-hearted attempt at clearing some of this up. On June 18, 2018, in the waning days of  Mayor Jackson's term, the City of Trenton filed a complaint against Mr. Hill and Hill Consultants, LLC to recoup $4,750.00 in over payments to Mr. Hill, plus interest, court costs, attorney fees "and any further sums that the court may deem equitable and just."

Good, right?

Well, it would be except that the defendant was never served. It appears as though they tried to serve him at his business address in Trenton; a rented office long since vacated. We're guessing they didn't try to serve him at his last known residence address in Newtown, Pennsylvania.  The address is right there in Hill's response to the city's original RFP. Surely they could refile the complaint to be served there.

Recovering $4,750.00 + in owed money will not come close to solving the city's fiscal woes, but it just might stop one more con from walking away with pockets lined with taxpayers funds.

We have all been here before

"Those who cannot remember the past are condemned to repeat it."

---George Santayana 

This week, Trenton's city council is scheduled to vote on the approval of a proposed contract with Long Marmero and Associates of Woodbury, NJ. Resolution 14-490 would award a contract "not to exceed $20,000" to the firm for work on "general municipal and defense litigation matters."

This is the same contract that was pulled from the August 7 docket after questions were raised about whether or not the Long Marmero firm violated the city's pay-to-play ordinance.

(For background on this matter, we refer you to Kevin Moriarty's blog entries for August 4, August 5 and August 7.  You can also read stories in the Times and the Trentonian.) 

Here's a synopsis of the facts of the matter:

• The Initiate Civic Empowerment Political Action Committee was formed by members/employees of the Long Marmero firm. 
• The ICE PAC shares its business address with that that of the Long Marmero firm
• The ICE PAC had somehow neglected to file the required reports with the NJ Election Law Enforcement Commission from 2012 until June of this year. Those reports were filed exactly one day AFTER Kevin Moriarty blogged about the failure to file.
• The ICE PAC recently changed its designated treasurer from Albert Marmero, one of the partners of the Long Marmero firm, to a "scheduling secretary" who is an employee of the firm.  
• The ICE PAC has contributed money to and paid consulting fees to the Mayor of Delran, who in turn chose the Long Marmero firm to serve as the township's solicitor. 
• Doug Long, a partner in the Long Marmero firm, is a Cumberland County Freeholder who has received contributions and reimbursements from the ICE PAC that Long alleges his law firm does not control. 

The resolution is back on the docket after the DCA declared that the Long Marmero firm was "qualified to perform the services and their price is reasonable." 

The DCA has NOT ruled on whether or not the firm violated the city's pay to play ordinance.

So, it is up to Trenton's governing body to decide if they want to approve this contract or not.

We remind everyone of a similar situation that arose in late 2010 and early 2011. The administration of the now incarcerated Tony Mack lobbied extensively to have the city council...essentially the same city council minus newcomer Councilman At Large Duncan Harrison...to go with a new provider of IT consulting services.

Ignoring the obvious shortcomings of Lynx Technology Partner's low bid in response to the city's RFP for IT services, the governing body voted in favor of the newcomer.  In explaining his January 2011 vote in favor of the Lynx contract, Councilman Zachary Chester cited a "letter" from the DCA approving this choice. That "letter" was in fact merely a form from DCA signifying that indeed Lynx had submitted the lowest bid. It stated nothing about the firms qualifications.

The choice of Lynx Technology Partners was later challenged in court and tossed out in favor of the city's long time IT services provider, ADPC, Inc. 

The governing body was advised by many to NOT approve the contract with Lynx Technology Partners. Yet they did and the city ended up fighting and losing a court battle over it.

Many are now urging essentially that same body to NOT approve the contract with the firm of Long Marmero and Associates. Whether or not the firm has found an actual loophole in the city's pay-to-play ordinance, the appearance of a violation is enough to taint any contract with Long Marmero.

We hope they do not repeat the past. 

Something is happening here but you don't know what it is...

...Do you, Mr. Mack.

The saga of the Tony Mack administration gets sadder.

While he awaits his day in Federal court on charges of conspiring to accept bribes in a make believe development deal, the indicted and embattled mayor continues to lose whatever shreds of credibility he may have had left.

In April, the Civil Service Commission ruled that the administration had wrongfully laid off former lead park ranger Michael Morris in favor of Mack croney, Robert "Chico" Mendez. The CSC gave the city a month to rehire Morris and dismiss Mendez. The city has done neither.

In fact, the administration is claiming that it wants to appeal the decision in the case. Strange, since the record shows that they did not even bother to respond to the matter when it was crawling through the CSC process.

Asking the city council to approve funding for an appeal that would seem to have no real standing but instead is based purely on the mayor's personal vendetta against a former employee is not going to be an easy sell. The governing body is increasingly wary of these kinds of wasteful and ultimately fruitless expenditures.

And, lest anyone think the council does not have a say in the matter, let us refer you to this little item from the city code:

 

 

§ 2-25 Special counsel.

 

Whenever (s)he deems the interests of the City so require the City Attorney may, with the approval of the Mayor and Council and within the limits of available appropriations, appoint special counsel to assist him/her in the preparation, trial or argument of such legal matters or proceedings as (s)he may determine. If the City Attorney should be disqualified with respect to any matter, the Mayor shall appoint special counsel, with the approval of the City Council, to represent the City for and with respect to such matter.

 

 Clearly, the governing body has the approval. Period.

 

This might be a mere annoyance to a mayor who has repeatedly ignored the laws if they didn't agree with his personal agenda, but it is only the beginning.

“We received notification from DCA earlier today that they will not even consider any funding in support of the hotel until they receive a copy of a plan from the city with respect to available options for funding and profits — a more comprehensive plan,” business administrator Sam Hutchinson said.

After an hour long presentation meant to coax the city council into approving a $200,000 expenditure to help cover the costs of transitioning the hotel from Marriot to Wyndham and changing management companies, members of the governing body engaged in a little question and answer session about the hotel.

 

All of the responses from LYCDC president Joyce Kersey, the LYCDC attorney and representatiaves from the management companies circled around having more money appropriated to effect the changes and better position the property in the market place. Very little was said about efforts to sell the hotel beyond vague references to giving consideration to any "serious offer".

In response to a question from council president Phyllis Holly-Ward, city business administrator Sam Hutchinson announced that he had just that morning received communication from the New Jersey Department of Community Affairs informing him that they could not proceed without a concrete plan in place.

Seizing the moment to solidify the obvious (and reported) inclination of a majority of the body to cut off further spending on the hotel, Councilman Zac Chester immediately asked if the administration would pull the item from the docket.  Strangely, Hutchinson declined to defer to the mayor's higher authority and declined to withdraw the funding resolution from the docket.

It really didn't matter as the council has the authority to set its agenda and can add or remove items as it sees fit.

This didn't stop Councilwoman McBride from launching into an angy attack on the DCA, proclaiming that Director Neff was, in effect, the "mayor of Trenton" and that Mayor Mack had been reduced to nothing more than a mere figurehead.

The councilwoman was more correct than she knows.

The latest MOU signed with the state continued a three year trend of putting more control over city matters in the DCA's hands and creating less leeway for the mayor and his few remaining cronies to wreck their own particular brand of municipal mayhem.

The edict to not proceed with any further funding for the hotel without a concrete plan represents a very significant flexing of the state's muscles. It appears that the state "is not playing" anymore.

Something IS happening here.

 

It's really not that hard

The phrase “you can’t make this stuff up” has, along with its more scatological sibling, been uttered a lot these past 33 months or so. A whole lot. Daily, even.

So none of us should really be surprised to learn of new feats of absurdity accomplished by what is sometimes referred to as the municipal government of the city of Trenton.

Today’s example is another great idea gone wrong at the hands of an administration clearly not up to the task of guiding, let alone governing, this city.

A recap: our current mayor is under Federal indictment and awaiting trial on corruption charges. The trial is expected to be held this coming summer. If found guilty, at sentencing he loses his seat as the mayor, creating a vacancy in the office.

Ever since the mayor was arrested last September, and maybe even after the FBI raided his home and city hall on successive days in July of 2012, people have inquired about what happens “if and when?”

To the credit of Council President Phyllis Holly-Ward and the rest of the governing body, they determined it would be a good idea to hold a special council meeting to review, in public, the process of filling a vacancy in any of the elected offices in Trenton's city government. That meeting is scheduled for Tuesday, April 30 at 5:30 pm in Council Chambers at City Hall. This morning, Erin Duffy had an article in the Times about this meeting. A careful read of the piece indicates a problem. And not a small one.

Down towards the end of the piece, Duffy writes:

“Holly-Ward said the interpretation given to her by the city’s law department was that if the mayor stepped down permanently, the business administrator would serve as mayor for up to 60 days and then council would choose a new interim mayor.”

The text we underlined is key here. If this is truly what Holly-Ward was told, someone is mistaken.

If you look at the city code, you will find that Chapter 2-4 refers to the Mayor. Under that chapter, in articles E. and F. there are provisions for what happens when the mayor is not able to attend to the duties and responsibilities of the office on a temporary basis (E.) and when the position is deemed vacant (F.).

From the City of Trenton Code

2-4 Mayor.
E. Acting Mayor. As provided by the Charter (Section 3-12, N.J.S.A. 40:69A-42), the Mayor shall designate the Chief of Staff, the Business Administrator, any other department head or the City Clerk to act as Mayor whenever the Mayor shall be prevented, by absence from the City, disability or other cause, from attending to the duties of the office. During such time, the person so designated by the Mayor shall possess all the rights, powers and duties of Mayor. Whenever the Mayor shall have been unable to attend to the duties of the office for a period of 60 consecutive days for any of the above-stated reasons, an acting Mayor shall be appointed by the Council who shall succeed to all the rights, powers and duties of the Mayor or the then Acting Mayor.

F. Vacancy. A vacancy in the office of Mayor shall be filled by election for the remainder of the unexpired term at the next regular municipal election occurring not less than 60 days after the occurrence of the vacancy. Council shall fill vacancies temporarily by appointment to serve until the qualification of a person so elected.

In the first instance, the mayor is able to designate an acting mayor to serve for up to 60 days in place of the elected official. This could be the Business Administrator, a Chief of Staff (if we had one), the City Clerk or any Department Director.

Situations where this might occur would be, for example, if the mayor were traveling out of state (as was the case last summer when Mayor Mack went on vacation and designated Business Administrator Sam Hutchinson as Acting Mayor. It could apply in times of illness or other medical leave, etc.

The point being, the absence is temporary.

The second section deals with the circumstances of the office being vacated by death, resignation, or some other reason that the official can not serve out the remainder of the term. This would be, in a phrase, a “permanent absence” as would be the case should the current Mayor be removed from office as a result of the pending legal case.

You will note that in section F. there is no mention of the BA stepping in for any length of time. This raises the question: “Then who becomes Mayor?”

For the answer, we must turn to state law. There are two unlinked provisions of law that deal with the matter and they are pretty clear. One is found in N.J.S.A. 40A:9 which is a string of sections of law dealing with the organization of local government. The other is in N.J.S.A. 40A:16 which focuses on the succession of office in a uniform way.

The general law:

§ 40A:9-131. Acting mayor (applicable to all communities)

In every municipality, unless otherwise provided by law, if a vacancy occurs in the office of mayor, by reason of death, resignation or otherwise, the presiding officer of the governing body shall become the acting mayor until a successor is elected and qualified.

The municipal vacancy law:

§ 40A:16-12 (Applicable to Trenton’s Non-Partisan form of Government)

Appointment to fill vacancy where incumbent was not nominee of a political party; time to fill vacancy

If the incumbent whose office has become vacant was not elected to office as the nominee of a political party, the governing body may, within 30 days of the occurrence of the vacancy, appoint a successor to fill the vacancy without regard to party.

Again, there is no mention of the ascension of the BA or anyone other than the presiding officer of the governing body to be acting mayor until a successor is named.

Further, there is a court case which determined that both of those laws are not only compatible but should be read and applied together.

DeSoto v. Smith, 383 N.J. Super. 384, 891 A.2d 1241, 2006 N.J. Super. LEXIS 54 (App. Div. 2006)

As the result of applying Section 40A:9-131, a municipal attorney was terminated by the Council President who became acting mayor and council president temporarily pursuant to N.J. Stat. Ann. § 40A:9-131. In an effort to defeat the acting mayor’s dismissal, it was argued that section 131, which allowed the council president to serve as both acting mayor and council president, violated the “separation of powers” doctrine. However the Court ruled that the doctrine of separation of powers was not generally applicable to a Faulkner Act mayor-council government, because the design of the Faulkner Act provided for checks and balances which would enable the Council by a 2/3 majority vote to nullify the acting mayor’s dismissal under N.J. Stat. Ann. § 40:69A-43(c).

The bottom line is that the succession in office law (40A:16-12) provides 30 days within which the council is to select an acting mayor pending the holding of an election (or for the unexpired balance of the term of the former mayor, depending on the time of the vacancy). Pending that, the Council President becomes acting Mayor as well as Council President.

This contradicts the interpretation that Council President Holly-Ward says she was given by the city law department.
Want further evidence?

We need only look a few miles east of Trenton’s City Hall to the Municipal Building for Hamilton Township. When then Mayor John Bencivengo resigned in the wake of the guilty verdict last November, who immediately became Acting Mayor?

Kevin Meara was the presiding officer of the governing body (township council) and thus became the Acting Mayor until the selection of Kelly Yaede to hold the title until the special election in November 2013.

Why Trenton’s law department has come up with this idea that the BA becomes the temporary Mayor is beyond us.

Hopefully, the state of NJ through the Department of Community Affairs, Division of Local Government Services will complete their "review" of the matter and advise all parties as to what is the correct information. Otherwise, we will end up with another empty but well-intended gesture of trying to do the right thing.

If one is good, two must be better

In an article in this morning’s Times, Matt Fair yet again reports that the city’s Policy and Communications Director could not or would not respond to questions from the press.

City spokeswoman Lauren Ira, meanwhile, failed to answer a series of e-mailed questions about whether the city expected to hire back any workers in the inspections department. She also ignored questions about EIC Inspection Agency’s continued contracting with the city.

With so many questions arising from the Mack administration’s antics, it must be overwhelming for one person to respond to all the requests for clarification, edification and explanation.

Would it surprise anyone if something similar to the following letter might turn up in the in basket of Director of Local Government Services Tom Neff’s in basket? (click on image see a larger version)

 

Anything is likely to happen in Mack-world.

Dead from the neck up

Trenton mayor and two council members prove they are fools.

The state of New Jersey has announced its transitional aid aware for Trenton for the current fiscal year (FY2012).  Rather, we should say the state of New Jersey has announced a choice in transitional aid amounts that Trenton can receive.  (Of course this is all pending the approval of the legislature to release the transitional aid funds but that is another story).

Mayor Tony Mack has a choice before him. He can select between receiving $22 million in state aid for the city or $16 million.

No brainer, right?

Not quite.

There are, after all, some strings attached to that $22 million.

In order for the city to get the higher amount of aid, the mayor must sign an MOU with the state wherein he agrees to the creation of a three person committee to oversee the process of hiring people to fill key spots in the administration.  The DCA would appoint one member, the mayor, would appoint one member and city council would appoint one member.

Considering the Mack administration’s track record in selecting qualified candidates for BA and department heads, it is not really a bad idea to have an oversight committee. Just a quick recap: over a half dozen business administrators (one who pleaded guilty to stealing campaign funds); one Housing and Economic Development nominee who is a convicted felon and another who has a history of failed businesses, judgments and tax liens against her; a municipal judge appointee with her own financial problems; a municipal court director with a police record (who, by the way, has been enjoying a six week and counting paid vacation while a superior court judge determines if he is qualified for the position); serious turnover in the law department. 

So, leaving the question of the personnel committee aside what are the scenarios for the two aid amounts? 

1. $22 million --- balanced budget, possible tax decrease, probable re-hiring of some police
2. $16 million --- balanced budget, probable tax increase, no additional police

Yet the mayor can’t decide.  What does that say about his ability to lead this city?

If the mayor’s apparent indecision isn’t bad enough how about this comment in today’s Times from Councilman At Large Alex Bethea:

“We certainly need the money, but I wouldn’t want to give away the whole house for an extra $6 million. You have to maintain some control, notwithstanding that we’ve made some mistakes in the past,” he said.

“If he decides that, ‘Okay, that’s okay, we’ll take the $22 million,’ then I’ll sign off. If he says this is going a little too far, then I would have to support the mayor on that decision as well,” Bethea said.

This is it Trenton? This is the best you can do? A prideful mayor who would flush away $6 million in state aid is not fit to lead and a councilman who cannot think for himself.

But wait, there's more.

Council President Kathy McBride, in the same Times article, says she’s waiting to speak to the mayor before making any more comments on the choice of aid packages.  In other words, she is waiting for Mayor Mack to tell her what to think and say as well.

At least East Ward Councilwoman Reynolds-Jackson is keeping her mouth shut on the subject...for now. Someone must have whispered in her ear that old adage about it being better to keep quiet and be thought a fool than to speak and prove it.