Now you see it, now you don't. Now you see it, again.

As you know, the budget committee of Trenton’s City Council has been meeting with department directors to go over the proposed numbers for this fiscal year (which btw is half over).

Did you know that there is still a line item for a Director of Recreation, Natural Resources and Culture?

There is.

Why can’t the administration figure out what it wants to do with regards to this department?

Mayor Jackson’s transition team took the position that the city might be best served by reorganizing city government and doing away with the department altogether. This would be accomplished by dividing up the work of that department amongst the remaining departments. It is an idea that has beenfloated here and elsewhere for the past few years.

Last month, the preliminary budget included money for hiring a director of DRNRC and three staff people in seeming conflict with the transition report. Then, in a November 21, 2014 article by Times reporter Jenna Pizzi, city spokesman Michael Walker stated the idea was scrapped.

"The mayor is not moving ahead with the department of recreation," Walker said. "He is rethinking the way the city is moving forward with recreation." 

Or so we thought.

Turns out, page three of the budget reviewed at the Monday, December 22 hearing included the line items for salaries of a recreation director's and staff. (See image above). This completely contradicts Walker's statement made last month. 

Sources say the administration doesn't know yet how it wishes to proceed with the recreation department but wants the money in place just the same. 

Sounds indefinite and undecided. Kind of like the guy who was running things a year ago this month. 

Here's the thing

Here are six things you need to know regarding the status of Trenton Mayor Tony Mack now that a federal jury has found him guilty in the corruption case. Some of this information we have posted before but it bears repeating.

# 1:  He is still mayor unless and until he resigns OR the office is deemed vacant. The state law covering this is as follows:

§ 40A:16-3. When office deemed vacant

The office of a mayor or a member of the governing body of a municipality shall be deemed vacant:

a. Upon its being so declared by virtue of a judicial determination;

b. Upon the death of the mayor or a member of a governing body;

c. Upon a determination of the other members of the governing body that the mayor or a member of a governing body no longer resides within the corporate limits of a municipality or ward from which he was elected;

d. Upon the refusal of the mayor or member of a governing body to qualify or serve;

e. Upon a judicial determination that the mayor or member of a governing body shall have become physically or mentally incapable of serving;

f. Upon the filing of a written resignation with the municipal clerk by the mayor or a member of the governing body, except a resignation filed following the filing of a recall petition;

g. Whenever the mayor, when required by law to attend meetings of the governing body, or a member of the governing body, fails to attend and participate in any meetings of the governing body for a period of 8 consecutive weeks without being excused from attendance by a majority of the members of the governing body, at the conclusion of such period; provided, however, that the governing body may refuse to excuse only with respect to those failure to attend and participate which are not due to legitimate illness; or,

h. Upon a determination that the office comes within the purview of R.S. 19:3-25.

Got it? In this particular matter, Tony Mack must resign or a STATE judge, upon petition from the NJ Attorney General or the (Mercer County) Prosecutor sign an order vacating the office. Otherwise, Mack is mayor until Judge Shipp declares the office vacant upon sentencing.  

(NOTE: when we say the office is vacated, that refers to a permanent situation, not a temporary absence. Temporary absences can not continue beyond 60 days and would lead to a possible declaration of the office being vacant).

Currently, both the Trentonian and the Times are reporting the order is not likely to be signed until sometime Monday. So, we wait.

# 2: Who becomes the mayor upon the office being vacated?

§ 40A:9-131. Acting mayor 

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.

So, South Ward Councilman George Muschal, would become the acting mayor upon the vacation of the office.

# 3: How long does the Council President serve as acting mayor?

§ 40A:16-12. 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.

The governing body has 30 days to appoint a successor to fill the vacancy.

# 4:  How many votes does it take to fill a vacancy in the office of mayor?

§ 40A:16-6. Vote required to fill vacancy in office of mayor

An appointment to fill a vacancy in the office of mayor shall be by a majority vote of the entire membership of the governing body.

There are seven members of council. A majority is four. The “nominee” can vote for him or her self.  

# 5: What happens if council fails to appoint someone to fill the vacancy in the office of mayor within that 30 day time span?

§ 40A:16-14. Special election to fill vacancy in the office of mayor; limitation on authority to appoint

If a governing body shall fail to fill a vacancy in the office of mayor as provided in N.J.S. 40A:16-4a or 40A:16-5a within the 30-day period prescribed by N.J.S. 40A:16-11 or 40A:16-12, the municipal clerk shall forthwith fix the date for a special election to fill the vacancy to be held not less than 45 days nor more than 50 days after the expiration of the time fixed for the filling of the vacancy. If the date fixed for a special election shall fall within 20 days prior to the holding of any general election, regular municipal election or any other election within the municipality, the vacancy shall be filled at that election. If the date fixed for a special election shall fall within 20 days after the holding of any general election, regular municipal election or any other election within the municipality, then the special election to fill the vacancy shall be held not less than 20 days nor more than 25 days from the date of that election.

Notwithstanding the foregoing, if a vacancy in the office of mayor occurs in the final 6 months of the term of the mayor, no special election shall be held to fill the vacancy.

No appointment shall be made by a governing body to fill a vacancy occurring in the office of a mayor after the fixing of a date for a special election to fill the vacancy pursuant to this section.

So, if the governing body fails to appoint someone to the vacancy within the 30 day window, the council president remains as the acting mayor because we are within the final 6 months of the term.

# 6: What happens to the council president’s seat on the governing body when he becomes the acting mayor?

To answer that, we look at the following court case:

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).

So, 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.

Muschal would serve as both acting mayor and south ward councilman/council president.

What's Mack serving?

At the Trenton Council of Civic Associations meeting on Thursday, June 9, it was announced that Mayor Mack would hold a “catered picnic” for all civic association members and their families on June 29 in Cadwalader Park.


Mayoral aide and alleged grant writer Yakial Garnier (who also happens to be Councilwoman At Large Kathy McBride’s daughter) made the announcement to the gathering and provided a letter from the Mayor as an invitation.

Everyone is welcome, the city only requests that you RSVP to Ms. Garnier “ASAP.”

Now, we don’t want to be overly suspicious, but why is it that we first learn about this event recognizing “the essential work, effort and time each Civic Organization dedicates to making their communities safe , and more vibrant places to live” just a couple of days after a group of citizens filed notice of intent to recall the mayor?

This couldn’t possibly be a ploy to play to the Mayor’s base constituency who has shown they can be readily bought for free food and maybe a voucher for some cash? You do remember the fiasco after last year’s runoff election when there was a near riot on Hamilton Avenue because Mack’s campaign workers were given vouchers (illegal under NJ election laws) for food and pay, don’t you?

Yes, the timing of the announcement of this picnic is more than a little ripe. But that is not all that stinks.

Anyone else wondering where the money is coming from to pay for a “catered” picnic for an as yet unknown number of people just three weeks hence?

Certainly, if the city has the money, it could be put to better use.

And if it is coming from the Mayor’s campaign committee, he’d better make a full accounting of it.

It just doesn't seem to faze him

Well there has been no slow down of missteps and misdeeds by the Tony Mack administration, as we’ve entered the holiday season.


The capital city’s feckless leader has not managed to stay out of headlines or escape notice of the bloggers since the Thanksgiving break.

Over that long holiday weekend, an article appeared in the Times reporting of citizen annoyance at the overuse of the city’s ability to place robo-calls on a near daily basis for no good reason.

Blogger Kevin Moriarty posted about the lack of information on how the city was going to deal with the $12,000,000 gap in funding between the $39 million requested and the $27 million pledged by the state. Remember, earlier in the month the Mayor said he’d found a way to eliminate many of the planned layoffs with or without state aid? Show us the math.

It was announced that an informational meeting on how the process for recalling an elected official works in New Jersey. Some assumed this would be a blueprint for a Mayoral recall.

Then came reports of personnel and organizational shuffles at city hall. The mayor has yet to name his “permanent” department directors and city council hasn’t pushed him on it, even though the interim directors have been serving for longer than the statutory 90 days.

Along with this was the rumored appointment of campaign svengali Dan Toto to replace the hastily departed Andrew McCrosson as Business Administrator. No sooner was that squelched, then we hear that Toto has been appointed “on an interim” basis but will be “paid immediately” to work part-time as the coordinator of the city YouthStat program.

This raised eyebrows and questions about the legality and propriety of the appointment. Looks like another challenge to Council’s powers by the loose cannon mayor.

Following close on the heels of that announcement was the disclosure that the Administration was now going to the various unions and asking for salary givebacks of 10% plus furlough days. This is the same Administration that had avoided some layoffs by demoting and cutting the pay of employees earlier in the month.

However, perhaps the biggest story to hit to date is the arrest of the Mayor’s half-brother, Stanley “Muscles” Davis for a scheme involving use of city time and materials to do plumbing jobs and pocketing the cash. Reports of the raid on the Trenton Water Works offices on Cortland Street were all over the Times, the Trentonian and TV stations starting Monday afternoon. The latest being today’s story of how Stanley “Muscles” Davis perpetually threatened and intimidated his co-workers at the TWW.

Through it all, Mayor Mack remains quiet, happy and wishing everyone a Happy Pearl Harbor Day!”

Do you think he knows how bad things have gotten?

You just can't get it right, can you?

A turkey of an idea

Dear Mayor Mack and staff:

 

1. In a city that is broke and broken, do we really need, can we afford, should we have a city sponsored (ie; paid for) parade? It was a bad idea in the waning years of the Palmer administration and yet here you are, the "we're going to do things differently" crew doing just the opposite.
2. Was the Thanksgiving holiday moved from Thursday to Saturday? If it was, it somehow escaped our notice. If it wasn't, then the parade on Saturday is not really a "Thanksgiving DAY Parade, now is it?*
    

Yet again, your lack of common sense is stupefying.

 

 

 

*Before anyone raises the point...we have the same feeling about St. Patrick's Day Parades that are not held on St. Patrick's Day. Regardless of whethere they march in Trenton, Hamilton, Robbinsville, or on the Moon.if it isn't on March 17th, it is NOT a St. Patrick's Day Parade.

Spin control?

The following was sent out from City Hall shortly after 12 noon today:



Honorable Mayor Tony F. Mack

319 East State Street

Trenton, NJ 08608

609-989-3030

For Immediate Release:                                                                                            Contact: Lauren J. Ira
October 29, 2010                                                                                                    Office: 609-989-3052
                                                                                                                                Mobile: 609-741-7322

City of Trenton Requires Criminal History Checks for all Non-Uniform Employees

TRENTON—Mayor Tony Mack issued the following statement regarding the requirement of criminal history checks for all non-uniform employees. Mayor Mack stated the following:

“Compliance with City of Trenton criminal history checks is vital to protect our residents and the public. Our stringent requirements mandate all non-uniform City of Trenton employees adhere to a criminal history check regardless of their status or role within the administration.

Judge Renee Lamarre Sumners understands the importance of complying with all of the necessary procedures and mandates. Judge Sumners assured me that all recent matters were resolved expeditiously.

The administration remains confident in Judge Sumners’ ability to preside based on her expertise, discipline, and training as a public officer authorized in the court of law by the State of New Jersey,” concluded Mayor Mack.

Now read this

This advertisement appeared in the Times (of Trenton), page A5, Saturday, October 16, 2010.

We here at the Front Stoop found it interesting.  The ad is a public notice from New Jersey American Water (NJAW) that they exceeded a drinking water standard.

According to the ad, during routine cleaning of a settlement basin, sediment was stirred up and entered the water system and overburdened the filters of the system.  This caused turbid water in excess of the 1 NTU standard to enter the distribution system of water that Aqua New Jersey purchases from NJAW or it's Lawrenceville customers.  The incident occurred on Thursday, September 23, 2010.

The ad goes on as follows:

What does this mean?
This is not an emergency.  I it had been you would have been notified within 24 hours.  Turbidity is not harmful in itself.  High turbidity increases the chance that water might contain disease-causing organisms.

What should I do?
You do not need to boil your water or take other corrective actions.

So what we want to know is this:

If the incident above is being treated as a non-emergency and notification wasn't required within 24 hours and boiling water wasn't required, what really happened at the Trenton Water Works (TWW) between October 2 and October 8 that made the City of Trenton and the DEP issue "boil water advisories" repeatedly from the 4th through the 7th?  

Doesn't it seem likely that the situation with the TWW was somewhat more serious than the NJAW event of September 24?  But the city has repeatedly told us there was no risk and that there was no evidence of contamination. At the same time, we were continually advised to boil water and, if our water temperature was lower than 113 degrees Fahrenheit to drain, flush and refill our hot water tanks.  And why haven't the results of the water tests conducted between October 3 and October 7 been made public?

We don't consider ourselves prone to conspiracy theories but there certainly seems to be more to the story than the Mack administration AND New Jersey's Department of Environmental Protection have so far let on.

Our water is running clear now, how about our government officials come clean.

The Staton mess

Trenton’s city council voted last night to dismiss Deputy City Clerk and former At Large Councilwoman Cordelia Staton. This brings the curtain down on the first act of this saga. Let us hope that there is no second act in the way of a lawsuit.

 

The five individuals on council who voted to dismiss (Bethea, Caldwell-Wilson, Chester, Holly-Ward, McBride) Ms. Staton are to be commended for their action…if not they’re reasoning and rationale as reported in the press.

 

And even though we disagree with his position, we acknowledge that the South Ward Councilman Muschal stood by his principles and voted to keep the Deputy Clerk.

 

We are somewhat disappointed that the East Ward Councilwoman, Verlina Reynolds-Jackson, abstained for the vote. Hopefully, this was because of some reason other than an aversion to taking sides by making a controversial decision either way.

 

This situation quickly polarized city residents as demonstrated by the attendance at the August 5 city council meeting. Council chambers was packed and you could almost draw a line down the middle of the room that neatly divided the pro-dismissal and pro-Staton sides.

 

Overlooked in the outrage about Mayor Mack’s total mishandling of the situation are some facts which should be reviewed in order to put the whole affair in perspective.

 

Item 1: As far back as early 2007, Ms. Staton seemed to be aiming for the City Clerk position vacated by Anthony Conti’s resignation. Nothing wrong on the face of that, but keep in mind two points.

• She was less than one year into her second term as Councilwoman At Large.
• She was not certified as a municipal clerk* and may not have even started taking the required classes as yet.

Item 2: After not finding a suitable permanent replacement for Conti, in the fall of 2009 city council started taking applications from those interested the position. Ms. Staton put her name in for consideration even though after almost three years she was not yet a certified for the position.

 

Item 3: In February, 2010, Council member Melone spoke on the record of the need to let the new council taking office on July 1 to have the opportunity to select their own clerk and urged his colleagues not to make a permanent appointment. After repeated attempts to demonstrate a fair and impartial process at naming a permanent city clerk, Ms. Staton had removed her name from consideration, council terminated long time (and as yet un-certified) Acting City Clerk Juanita Joyner and hired Leona Baylor as Acting Deputy Clerk.** Citing the need for an experienced hand to guide the city through the spring elections, former clerk Anthony Conti was brought in as a consultant to help Ms. Baylor.

 

Item 4: In June, 2010, Ms. Staton discreetly resigned her council seat with less than a month to go in her term, quit her job at the Board of Education, and was quietly appointed Deputy Municipal Clerk for the city of Trenton by some of her colleagues. She still had not achieved certification as a Municipal Clerk.

 

Item 5: Voting in favor of the appointment were Councilman Melone (in apparent conflict with his stated position earlier in the year), Councilman Pintella (Staton’s running mate in 2002 and 2006) and Councilwoman Lartigue (who was not present at the meeting but voted via her cell phone). This vote raised a couple of procedural questions:

• Is Lartigue’s vote via cell phone allowed?
• What is the number required for a majority vote amongst the four council members actually present at the meeting, two or three?

Item 6: The Mack administration, regardless of its motives, was correct to point out the improper way that Ms. Staton was appointed. This did not give them the right or reason to treat her the way they did. You don’t fire someone by leaving a note on their chair while they are at lunch and you don’t call the police to have them escorted out of the building.

We’re sorry that Ms. Staton was mistreated by the Mack administration. Still that doesn’t remove the fact that she held the position through improper actions by the previous council as they tried to take care of one of their own.

 

We hope the current council will get some definite rulings on the propriety of voting by phone and other procedural matters before they get caught up in gaffes like their predecessors.

 

*Apparently, NJ state law allows the appointing of an Acting Municipal Clerk who has yet completed the course work and passed the certification exam providing that the appointee does obtain certification within a certain time frame.

 

**Also according to NJ state law, a person holding a valid municipal clerk certification can not be appointed Acting Municipal Clerk but can hold the title of Acting Deputy Clerk and fulfill all the duties of the Municipal Clerk.