A new low for Trenton

The Mack administration with the apparent approval of Council President McBride has struck a blow against open and effective government.

In a directive dated August 4 and signed by BusinessAdministrator Eric Berry, department heads and their respective employees are advised that “any request to review a constituent issue, information on your individual department duties, projects or other city business, all employee are directed to politely ask that Council member or members to make the request through the procedure established by Council President McBride”

The memo continues with the statement “that in the event any Council member independently makes a request of any employee, all employees are instructed to politely remind the individual member of Council or members of Council that they are acting outside the established policy of the President Council {sic}.”

This, in effect, is saying that all requests for information, attention to a problem etc. are to go to the Council President first who then will transmit the request to the BA’s office.

While there is a state statute (below) that directs the municipal council to deal with employees through the mayor or his designee, it does not in any way give that power of communication solely to the Council President.

§ 40:69A-37.1. Mayoral control of administration

In any municipality adopting the mayor-council plan of government, the municipal council shall deal with employees of the department of administration and other administrative departments solely through the mayor or his designee. All contact with the employees, and all actions and communications concerning the administration of the government and the provision of municipal services shall be through the mayor or his designee, except as otherwise provided by law.

 

Nothing in this section shall be construed to prohibit the council's inquiry into any act or problem of the administration of the municipality. Any council member may, at any time, require a report on any aspect of the government of the municipality by making a written request to the mayor. The council may, by a majority vote of the whole number of its members, require the mayor or his designee to appear before the council sitting as a committee of the whole, and to bring before the council those records and reports, and officials and employees of the municipality as the council may determine necessary to ensure clarification of the matter under study. The council may further, by a majority of the whole number of its members, designate any number of its members as an ad hoc committee to consult with the mayor or his designee to study any matter and to report to the council thereon. It is the intent of the mayor-council plan of government to confer on the council general legislative powers, and such investigative powers as are germane to the exercise of its legislative powers, but to retain for the mayor full control over the municipal administration and over the administration of municipal services.

We hope that the members of Trenton’s governing body will put their presiding officer on notice that they are not about to give up the powers and authorities of their office.  Further, we hope that the Mack administration will see this folly for what it is: an attempt to further remove itself from accountability to the residents of the city of Trenton.

Do as I say, not as I do

On Thursday, June 9, the city business administrator announced a new policy regarding who could take home city vehicles and why.

From: Colin Cherry [mailto:ccherry@trentonnj.org]


Sent: Thursday, June 09, 2011 4:47 PM

To: Seigle, John; McKithen, Marc; Rubino, Joseph; Burzachiello, Ralph; 'jjuniack@trentonpolice.net'; 'qbashir@aol.com'; Thompson, Cleveland; Rousseau, David; Denson, Walter; Jones, Nathaniel; Roberts, Anthony

Cc: 'jgnandt@trentonpolice.net'; 'eberry@trentonnj.org'

Subject: Take Home Vehicle Policy

Importance: High

Good afternoon,

Per the direction of the Business Administrator, the following is to be in effect this coming Monday, June 13, 2011 until further notice.

No passenger vehicle (including those assigned to Department Directors) is to be operated outside of business hours. This means that no vehicle should be “taken home”.

The only exceptions to this policy are those employees who work non-standard schedules and require a vehicle to be “on call”. In such cases, the vehicle must be specialized and necessary for the conduct of City business (for example, a water utility van with equipment inside).

All other vehicles are to be parked in their respective lots – that is a Department lot if applicable, the City Hall lot otherwise – at the close of the business day. After the close of business on Monday any vehicle for which the employee has not received special dispensation from the Business Administrator which is found to not be parked as directed will be considered to be in misuse. The Office of the Business Administrator will be forced to assume that the employee has the intention of depriving the City of Trenton of the proper use of that vehicle and all appropriate action will be taken to ensure that it is returned.

Thank you and please ensure that you communicate this directive clearly to your employees.

__________________

Colin Cherry

City of Trenton

Management Assistant

319 East State Street

Trenton, NJ 08608

(609) 989-3532

ccherry@trentonnj.org

All well and good.  After all, it merely conforms (somewhat) to the intent of ordinance 10-007 passed in January of 2010 and limiting the "take home" use of city passenger vehicles.

One little problem, on Monday evening, June 13, 2011 guess who had a city vehicle parked across the street from his Trenton apartment.  Why, none other than Mr. Eric Berry, Business Administrator for the city of Trenton.

I guess his job puts him above and beyond the reach of his own new policy.

Nice one, Mr. Berry.  Way to go.  You obviously care more about what you can get out of the taxpayers' pockets than what you can do to clean up the cess pool that is city hall.