Who is responsible?

Remember back in November of 2011 when the city announced the beginning of the “Trenton Gateway Project?

This was the streetscape improvement project centered on the Market Street/Warren Street intersection in front of the then-under-construction new criminal courthouse. The project was funded by a $5.3 million grant from the Delaware Joint Toll Bridge Commission.

Alex Zdan wrote this in the Times article published November4, 2011.

“The project will include new traffic signals, repaving of New Warren and Market streets, and landscaping in the area. Improvements will lead to greater safety for pedestrians, better traffic movement, and a more appealing streetscape, authorities said.”

Well, the project was finished earlier this year. The grass and plantings along the sidewalks bordering the streets are nicely maintained. The traffic islands in the middle, not so much.



South Warren at Livingston, looking towards Market Street

Roundabout at Livingston and S. Warren looking towards Broad

Is this the “more appealing streetscape” the authorities touted?

Why do we think this has happened? Does anyone know?

Is this the city’s responsibility? The county’s? The state?

Or did we work on this plan without determining who should maintain the plantings in the middle of the road?

Check, please

Two items from the June 18, 2013 City Council Docket:

13-379 RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A GRANT FROM THE NEW JERSEY STATE DEPARTMENT OF AGRICULTURE FOR THE FY 2014 SUMMER FOOD SERVICE PROGRAM FOR CHILDREN FOR THE DEPARTMENT OF RECREATION NATURAL RESOURCES AND CULTURE IN THE AMOUNT OF $433,208.25

13-382 RESOLUTION AWARDING A CONTRACT TO KARSON FOOD SERVICES, INC., 3409 ROSE AVENUE, OCEAN, NEW JERSEY 07721 TO PROVIDE PREPACKAGED MEALS PER STATE REQUIREMENTS TO CHILDREN PARTICIPATING IN THE CITY OF TRENTON SUMMER FOOD PROGRAM FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES AND CULTURE FOR THE PERIOD BEGINNING JUNE 24, 2013 THROUGH AUGUST 20, 2013 AMOUNT NOT TO EXCEED: $220,000.00 – CC2013-02

To explain:

Every year for a very long time, the city of Trenton has applied for and received a grantfrom the NJ Department of Agriculture to provide free meals to children in the city. The grant covers both the cost of the food contract and money for temporary summer help to run the feeding program locations in city parks.

Reading from the two resolutions reveals the total grant is for $433,208.25 and the catering contract with Karson Food Services is not to exceed $220,000.

There must be some attendance/participation issues with the program this year. We frequently find ourselves passing by the Clay Street Park/Ike Williams Center during the noon hour on weekdays. There has been no evidence of children getting meals or participating in activities there.

A Mill Hill resident found this flier “shoved into {his} mailbox” on July 29. Leaving aside the fact

that it is technically illegal to stuff anything but mail in a mailbox, this “invitation” suggests participation in the program is somewhat below what was expected. The lack of activity in the park seems to support that fact.

This has us pondering what kind of monitoring goes on for this program. Is the participation at each site and citywide documented? Are we tracking the number of meals purchased versus the number of children served? Does the state ever audit the program to see if it is being run effectively and efficiently?

These musing were brought back to the fore again today when we discovered this.

 

We spied this box with a couple of apparently untouched “lunches” sitting atop a trash can at the corner of S. Warren Street and Assunpink Drive in downtown Trenton. Low on the side of the box was the imprint Karson Food Service Inc. Higher up on the same side was the word “Trenton” scratched through with a dark marker of some sort.

 

How and why did this carton and these uneaten meals end up here…blocks from the nearest lunch site?

 

Is this typical of how this program is being run?

In light of the state comptroller's recent report on the statewide abuse (including Trenton) of the school lunch program, can someone check. Please.

 

Sounds familiar

"My heart aches today knowing that my beloved home town of Detroit now has the notoriety of being the largest American city to officially file for bankruptcy. But the filing was really just a formality. Detroit has really been broke, broken and in decay now for decades — a shell of a city, with a small downtown and some scattered neighborhoods dissected by miles of abandoned storefronts and vacant lots ."

"Detroit's demise was decades in the making" is the title of a piece published on July 19 in the Washington Post  and written by Detroit native, Keith B. Richburg. The above is the opening paragraph of that article.

Richburg lays out, honestly, openly and sadly what has happened to his hometown over the last 50+ years. He rightly deduces that the city did not reach the point of having to file for bankruptcy overnight. It is a sobering read for anyone interested in urban studies.

There are some very strong parallels to Trenton's own history in the same period. The similarities are so strong, that Richburg could easily have been writing about our capital city rather than the motor city.

Take the last sentence in that opening paragraph and change one word: Detroit Trenton  has really been broke, broken and in decay now for decades —a shell of a city, with a small downtown and some scattered neighborhoods dissected by miles of abandoned storefronts and vacant lots.

OK. That was easy and a no-brainer. Read the article in full while mentally swapping Trenton in for Detroit. Substitue other local references where appropriate and see what you get.

For example:

The Detroit Trenton I remember ceased to exist a long time ago. But it was kept alive by a pride, a nostalgia for its former glory, and an illusion that revival was just around the next corner. We who love Detroit Trenton — even people like me who abandoned it long ago — were all complicit.

This paragraph stands on its own, unchanged from Richrburg's original and readily applicable to Trenton:

"Most of the old-time residents say they never plan to move, even though city services are virtually nonexistent in the old neighborhoods and most of the neighbors are gone. It’s a pride, a stubbornness and an attitude of “I bought this home 40 years ago, and no crack addicts or gangbangers are going to drive me out of it!” "

In a paragraph discussing Detroits past mayors, Richburg closes with a statement about convicted and imprisoned Kwame Kilpatrcik and how people still defend him. Change just a couple of words and it suddenly is Trenton that we are talking about:

But Detroiters Trentonians are prideful and protective of their own; even when Kilpatrick Mack and his associates were shown to be corrupt, many Detroiters Trentonians came out to support him, blaming the prosecutors for unfairly targeting a black elected official.

Perhaps the most telling passage comes near the end, under the subtitle "Racial politics."

The white population’s abandonment of the city left Detroit Trenton with a shrinking tax base and deteriorating, segregated public schools — a system locked in place by a Supreme Court order that halted busing across school district lines. But blacks still in Detroit Trenton had one thing left — political power. And they would guard it jealously against any encroachment, real or imagined.

Thus, the city’s black political class sees conspiracy theories everywhere. The investigation of the last mayor by the Detroit Free Press local press, and his indictment by a prosecutor, are seen as a white conspiracy to undermine black “home rule” of Detroit Trenton. The governor’s appointment of an emergency financial manager, once it became clear that Detroit Trenton cannot manage its own fiscal affairs, is again seen as a hostile, racist takeover by the state over the city’s elected black leadership.

Racial politics, and that racial prism, long ago ruined Detroit Trenton , and now they hamper any chance the city has at a modest recovery. As a longtime friend, one who has stayed in Detroit and worked to help the city, once put it to me succinctly: "Some people would rather be the king of nothing than a part of something.”

And what have we learned?

The Skelton "Learning Center" on S. Broad Street.

Wednesday, July 3, 2013

 Rear fence pushed in. Why? For access to...

 

 

 

 

...the yard to scavenge copper from the two A/C units.

 

Can't empty the mailbox....

 

...but we can tape up a poster for Heritage Days (I think they called it "marketing the festival.")

Way to go, Mayor Mack! Way to manage the city's resources.

PS: As of this posting, the A/C at Ellarslie mansion is still not fixed and most likely won't be this week.

Whatever happened to the arts and culture mayor?

This week, we received the following message on our office phone...a phone, by the way, that was NEVER registered with the city of Trenton but receives their robocalls. Anyway, here is the message (as relayed via the internet service provider that logged the message for our VoIP phone):

"This is Gordon James. Good evening, the first day of summer was last Friday and Heritage Days is finally here. Two days of music food and fun for the entire family with live music performances from Grace Little and the amazing Grace, Gordon James, Swing Sabroso, SWAG and many more."

"This year we've expanded our children's Village to include triple the inflatable's we've had in the previous year. There will be face painting, pony rides and all types of ethnic food and drinks. Join us at Mill Hill Park."

This is Mayor's Mack defiant way of asserting his authority. He promised the city council he would NOT stage the costly, poorly organized and sparsely attended event this year but then, "changed his mind." Raiding other budget lines, he has come up with some $40,000 of taxpayer dollars that he will use to throw a self-aggrandizing, wasteful party.

In the meantime, we also received the following email:

The Trenton Film Society regretfully announces that the screenings of Landfall: The Eyes of Sandy and the finalists in 2013 Not Quite Legal Film Festival on Saturday, June 29th, have been cancelled.

The City of Trenton just announced that Heritage Days will be taking place in Mill Hill Park, with some events planned for the Mill Hill Playhouse. The Trenton Film Society will work with the staff of the Mill Hill Playhouse to reschedule the screenings of Landfall and the finalists in this year's NQL Film Festival in late-July or early-August.

Apparently, what happened was the organizers of the Heritage Days faux-festival took it upon themselves to pledge access to the Mill Hill Playhouse to a solo filmmaker. They did not bother to check with anyone else about possible conflicts.

Now, it should be noted that the Mill Hill Playhouse is a city owned facility. The primary tenant of the Mill Hill Playhouse is the independent and non-profit Passage Theatre. The last we knew under the terms of the MOU between the theater company and the city, Passage had first dibs on use of the facility and was responsible for the scheduling of other uses.

It is always possible things have changed and we certainly wouldn't know since the city has yet to comply with the year old ordinance that states an inventory of city owned properties, who uses them and under what terms and agreements be provided to the city council (and thus made public).

The key thing here is that it just makes sense that a professional theater company that is the primary user of a facility should keep the schedule for ALL usage. Unfortunately, the Tony Mack administration has proven repeatedly that it cannot and generally will not adhere to any agreements, pledges or promises if it does not suit the whim of the mayor.

We understand that the solo filmmaker was very gracious and willing to work with the Trenton Film Society folks to accommodate their event. He reportedly offered to screen his film on Sunday only, leaving Saturday for the already scheduled event.

That would have been a wonderful compromise except for one thing. The general noise level from the performances outside at the festival will be loud enough to be heard inside of the playhouse. External sound carries very well into the space and in all likelihood will make hearing the soundtrack of any film hard to hear.

Therefore, the Trenton Film Festival folks are opting to try to find another weekend later in the summer for their event.

The poor filmmaker who now has total clearance to use the playhouse may still face the problem of no audience.

The city in its "exhaustive" (NOT) marketing campaign for the Heritage Days event has made no mention that we have seen or heard of the screening. Not only is it unreasonable to expect a reasonable turnout for this waste of money event, the lack of promotion will also likely leave this poor filmmaker sitting alone in the Mill Hill Playhouse listening to the throbbing music seeping through the walls from the main stage a block away.

The Tony Mack has effectively killed off two events for the sake of holding onto his desire to "throw a party" for the city.

Meanwhile, across town, we have another example of the inability of this administration to manage the simplest things.

The Trenton City Museum is housed in the 19th century Ellarslie Mansion in Cadwalader Park. The building and the park are the property and responsibility of the city. The collection housed in the museum and all the programming there are the work of the Trenton Museum Society. The TMS is an independent non-profit organization.

Under the decades old MOU between the city and the TMS, the city was supposed to provide (as in hire and pay for) a full-time museum director. This individual was not only the liaison between the city and the TMS, they were the on-site eyes and ears that oversaw and managed the routine maintenance of the facility.

In the great "layoff of 2011", the museum director was let go. This forced the TMS to cancel exhibits and programs while they figured out what to do. In the interim, there was no one onsite who really understood, cared about, or demonstrated the will or knowledge to keep things running.

The TMS finally bit the bullet and, using its own funds, hired a part-time director of its own to help get things back on track. The problem with this arrangement is that the director is NOT a city employee and not part of the bureaucracy of city government. Getting things done in an efficient and timely manner is always a struggle.

This week, as the weather turned decidedly summer-ish with temperatures in the 90’s, the aging HVAC system for the building went down. (NOTE: the HVAC system would have been replaced with a newer one if the city had been able to win an National Endownment for the Humanities grant a couple of years ago. Unfortunately, that grant application was written by one of Mayor Mack’s inexperienced hires. Her grant application was denied and the city has had to struggle on with the antiquated system. This is not only a matter of comfort for the patrons, it puts the collection at risk from the effects of unstable environmental conditions).

The A/C goes out in the middle of a heat wave and the replacement part comes in by Friday but cannot be installed until the following Wednesday. This necessitates the relocation from Ellarslie to the Trent House of a lecture scheduled for Sunday because the museum is just too warm without the A/C.

The lecture is about a current exhibit at the museum and will be given by the curator of that exhibit. Unfortunately for the audience, the lecture will be given in a completely different facility than the one two and half miles away that houses the exhibit.

And all because this incompetent mayor cannot manage to keep his word and support the city’s cultural institutions.

Party on, Mayor Mack. Party on.

Watching the money

While much is being reported and discussed about Birdsall Engineering, the firm found guilty of campaign contribution violations, another costly and equally distasteful situation has been brought to light.

The NJ State Comptroller has just issued a report summing up its investigation into the millions of dollars paid in legal fees by local governments and school districts.

The escalating amount of legal work being done by outside law firms on behalf of the city of Trenton has not gone unnoticed.

We can all remember how the large and politically connected law firm of Cooper Levinson "withdrew" from their contract to provide outside legal counsel to the city of Trenton. The withdrawal came after it was revealed that the firm received work with the city after contributing to Political Action Committee that in turn made a matching contribution to Mayor Tony Mack's campaign.

There was also Andrew Weber, formerly of Cooper Levenson and recently with the Mt. Holly law firm of Riley and Riley, one of the many Acting Business Administrators appointed by Mayor Mack. Weber held the seat until it became known that the Riley and Riley firm was seeking a contract with the city.

It is not just these close ties between elected officials and campaign contributors/supporters that is worrisome. Just who is keeping tabs on the billings and payments to all these law firms for all the work they are doing on behalf of the city? How do we know we aren't being overcharged?

The report from the State Comptroller shows quite plainly, how easily local government units lose control or track of their legal expenses.

The report offers some "best practices" ideas that we encourage Trenton's city government to adopt.

1. Developing policies and procedures regarding the procurement, use and management of legal counsel
2. Conducting a competitive procurement for legal counsel
3. Drafting formal, written contracts with legal counsel
4. Managing those contracts.

Let’s hope the administration gets good legal counsel on this matter. And can keep itself out of trouble enough to reduce the excessive need for legal representation!

Back to the future

Trenton's city council voted Thursday night to restore South Ward Councilman George Muschal to the position of president of the governing body.

This was accomplished after a long day of scrambling, huddling, researching, caucusing and planning because as the fiscal year draws to a close, certain members of the city council were expecting a reorganization meeting resulting in, probably, a new president being chosen along with a council vice president.

There were multiple problems with the expected scenario above.

1. The council's own rules of procedure as stated in the city code do not allow for the annual reshuffling of the deck as has been practiced by this body.
2. State law does not indicate that there would be an annual reorganization of the governing body.
3. Nothing in the rules of procedure or the state statutes creates the position of vice president.

What has happened is that this council has been operating out of compliance with its own rules. (It should be noted that the ersatz vice president position was instituted under the previous council and somehow got carried through to this one. An example of the poor performance of the the city law department, the municipal clerk's office and the governing body itself for not recognizing and correcting the deficiencies in their process).

On Tuesday night, East Ward Councilwoman Verlina Reynolds-Jackson wanted to introduce an ordinance to amend the rules of procedure to accommodate the errors in executed over the past several years. Even that move was a mistake as the council need not, indeed should not, amend its rules of procedure via ordinance because an ordinance requires the signature of the mayor. This adds a layer of oversight and inter-branch cooperation that state law does not require.

N.J.S.A. 40-69A:36 clearly gives the governing body the authority to set its own rules of procedure by resolution. The fact that Ms. Reynolds-Jackson attempted to use an ordinance to change the rules of procedure indicates a) lack of comprehension of and familiarity with her powers as a council member and b) a similar ignorance of the law on the part of whomever was advising her.

Besides going about amending the rules of procedure in a more complicated and unnecessary way, the council woman's proposed changes seem to conflict with the intent of state law.

The proposed ordinance was pulled and in its place, West Ward councilman Zachary Chester proposed a resolution amending the resolution naming Councilwoman Phyllis Holly-Ward president for the 2012-2013 year and extending her term through June 30, 2014.

This, of course, met with great resistance by Ms. Reynolds-Jackson, Councilwoman McBride and Councilman Bethea.

These three, who have generally been understood to stand with the administration of indicted Mayor Tony Mack in all matters, appeared to be fearful of having Ms.Holly-Ward continue as president. So concerned, they were adamant about continuing to violate the body's own rules of procedure just to ensure one of their own could obtain the chair of presiding officer.

Mr. Chester's resolution was tabled until Thursday's meeting so that everyone would have the opportunity to review what was being proposed (compliance with the law).

All accounts indicate that Thursday was spent hammering out a new plan...to restore Councilman Muschal to the presidency. Actually, this was a reasonable and workable solution.

Unfortunately, the internecine workings and innate mistrust amongst members of the council indicated the need to do some maneuvering to ensure that matters were conducted fairly and transparently.

This caused another flap when Councilwoman Reynolds-Jackson balked at a change in the voting order that would make her vote first rather than last. She objected that this was not the normal way they did things (the council generally votes in alphabetical order by last name, the same order they sit in on the dais). There is not set rule about this and, further, Ms. Reynolds-Jackson has expressed no problem with her colleague, Kathy McBride, sitting (out of order) at the far end of the dais just to make the point that she doesn't wish to sit next to Ms. Holly-Ward.

The double standard is obvious to all and it was generally conceded that, had she voted last, Ms. Reynolds-Jackson may very well have voted against her own proposal to restore Mr. Muschal to the presidency.

This is the painfully exemplary of how this governing body fails to work, as a whole, for the good of the city. Some members are more concerned with their perceived position and effectiveness than with doing the job they were elected to do.

With less than a year before the next election, we hope that the electorate of this city will awaken and deny the poseurs (in office or wannabes) the opportunity to mire the city in personal politics to the detriment of the greater good.

We've seen the way this body has conducted itself. We can, and must, do better.

Some people just don't get it

And apparently never will.

The depth of the ignorance of some members of the city’s governing body never ceases to astound us.

 

Last night, East Ward Councilwoman tried to introduce an ordinance amending the Rules of Procedure for City Council.

 

Her proposed amendments would have called for a reorganization of the body each year, rather than once every four years as it is now. Her ordinance also referenced the position of Vice President of Council.

 

This proposal is fraught with errors.

 

The first error is that amending the rules of procedure does not and should not require an ordinance when a resolution works just fine.

 

By utilizing an ordinance to make the changes, the governing body inadvertently drags the mayor into the mix. Ordinances, once passed, go to the mayor for signing.

 

Why would the governing body do such a thing when state law clearly gives them the authority to set their own rules by resolution? The following citation (our emphasis) is pretty clear on the matter.

 

N.J.S.A. 40:69A-36. Legislative power

 

1. The legislative power of the municipality shall be exercised by the municipal council, subject to the procedures set forth in this plan of government. Legislative powers shall be exercised by ordinance, except for the exercise of those powers that, under this plan of government or general law, do not require action by the mayor as a condition of approval for the exercise thereof, and may, therefore, be exercised by resolution, including, but not limited to:

 

a. The override of a veto of the mayor;
b. The exercise of advice and consent to actions of the mayor;
c. The conduct of a legislative inquiry or investigation;
d. The expression of disapproval of the removal by the mayor of officers or employees;
e. The removal of any municipal officer for cause;
f. The adoption of rules for the council;
g. The establishment of times and places for council meetings;
h.The establishment of the council as a committee of the whole and the delegation of any number of  its members as an ad hoc committee;
i. The declaration of emergencies respecting the passage of ordinances;
j. The election, appointment, setting of salaries and removal of officers and employees of the council, subject to any pertinent civil service requirements and any pertinent contractual obligations, and within the general limits of the municipal budget;
k. Designation of official newspapers;
l. Approval of contracts presented by the mayor;
m. Actions specified as resolutions in the “Local Budget Law” (N.J.S. 40A:4-1 et seq.) and the “Local Fiscal Affairs Law” (N.J.S. 40A:5-1 et seq.); and
n. The expression of council policies or opinions which require no formal action by the mayor

So, Ms. Reynolds-Jackson was ready to yield the body’s power to the mayor, for what purpose?

 

The East Ward councilwoman, along with her colleagues, at large councilpersons Kathy McBride and Alex Bethea have been chomping at the bit to take the gavel from the hands of current president, Phyllis Holly-Ward. They also wish to continue the non-conforming process of having a designated council vice president. This has come up before.

 

During Tuesday night’s proceedings, Councilwoman McBride asserted that there has been a council vice president “as long as {she} could remember.” If that is the case, the councilwoman must not have a very long memory.

 

The council vice president title was bestowed upon former West Ward councilwoman Annette Lartigue in the July 2006 reorganization of the body. Before that, if the designated presiding officer was not in attendance at a meeting, the body selected a president pro tem as proscribed in state statute and the existing rules of procedure. The council never formally or properly changed their rules to create the position of vice president. The current council, not knowing any better, carried on that erroneous for the first two years of this term. They never amended the rules of procedure and so current president Holly-Ward would not allow a nomination of someone to the non-existent post of vice president.

 

This has not sat well with Ms. Reynolds-Jackson who wanted, badly, to be the VP.

 

Compounding the problem was this body’s initial plan to rotate the presidency amongst its members by holding a reorganization meeting each year. This was done, we suspect, in large part to quiet the outrage expressed by Councilman Bethea and Councilwoman McBride when, in 2010, SouthWard councilman George Muschal was made the council president.

 

In a nice gesture towards his colleagues, Councilman Muschal decided he would serve for one year and then the council would reorganize and choose a new president. This opportunity to rotate the presidency was never formalized by amending the rules of procedure.

 

And they may not be empowered to make such a change.

 

In the state statutes there doesn't appear any power granted to Council to organize every year, or to limit the term of its president to one year or less than four years. There is no authority to elect a Vice President of Council. The law allows for a President and in the absence of a presence at a meeting, provides for the election of a temporary president to conduct the meeting. See subsection c below:

 

40:69A-180. Rules of procedure; quorum; ordinances and resolutions; presiding officer; compensation

 

(a) Council shall determine its own rules of procedure, not inconsistent with ordinance or statute. A majority of the whole number of members of the council shall constitute a quorum, but no ordinance shall be adopted by the council without the affirmative vote of a majority of all the members of the council.

(b) Each ordinance or resolution shall be introduced in written or typewritten form and shall be read and considered as provided by general law. The vote upon every motion, resolution or ordinance shall be taken by roll call and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be signed by the officer presiding at such meeting and by the municipal clerk.

(c) The council at its organization meeting shall elect a president of the council from among the members thereof and the president shall preside at its meetings and perform such other duties as the council may prescribe. In the absence of the president, the council shall elect a temporary presiding officer. The compensation of the mayor, council members and department heads shall be fixed by the council immediately after its organization. (our emphasis)

 

Just as current council president Holly-Ward has attempted to bring the body back into compliance by refusing to allow the designation of a vice president, Councilman Zachary Chester made a motion to amend last year’s resolution naming Holly-Ward president for one year and extending her term through June 30, 2014.

 

This action was greeted with great resistance from the axis of Bethea, McBride and Reynolds-Jackson. They sputtered and spit; claiming outrage and seeking legal advice from the city attorney (who actually seemed rather bewildered by the proceedings).

 

In the end, councilman Chester’s motion was held to be added to Thursday night’s docket. Leaving matters, once again, unresolved.

 

To be continued...

 

 

 

 

 

This stinks

And its not just the uncollected trash.

We have all read, heard about and/orexperienced delays in trash collection due to the chronic shortages of workersin the public words department.

It is a situation that has been frustrating for residents and the city administration alike.

West Ward Councilman Zac Chester suggested on Monday that the city utilize the Blackboard Connect robo-call system to notify residents if and when trash collection was going to be late.

It seems like a common sense request to use a system the city pays $50,000 or more a year to use.  -----

Original Message-----
From: Zachary A. Chester [mailto:zac.chester@gmail.com]
Sent: Monday, June 10, 2013 9:55 PM
To: John Seigle
Cc: Zachary Chester
Subject: Trash pick up

Hi John,

Mr. Hutchinson asked that I email him this request.

I would like the city to use the call system to inform residents about the delay in trash pick up when we are unable to pick up due to low staffing. I asked the director and Mr. Harris to do this so the residents know what is going on.

Thank you,

It went from Mr. Hutchinson’s office (via John Seigle…Mr. Hutchinson seems adverse to answering or sending his own emails) to public works director Mollinedo, with copies to mayoral aide Anthony Roberts and Trenton Water Works stock clerk Paul Harris.

(You can read the complete email chain here, starting at the bottom of the document.)

The response that came back from Anthony Roberts was this:

-----Original Message-----

From: Anthony Roberts

Sent: Tuesday, June 11, 2013 1:39 PM

To: John Seigle

Subject: RE: Trash pick up

John: The Mayor said No! to this request!

Anthony C. Roberts, Aide to the Mayor

City of Trenton

Department of Administration

319 E. State Street

Trenton, New Jersey 08608

609-989-3807 - 609-989-4250 FAX

  Note the emphasis indicated by the application of the exclamation mark following the mayor’s one word response.

Now we are the first to admit we feel the Blackboard Connect system has been abused and overused. Certainly, no one wants to be bothered by phone calls touting the opening or re-opening of the failed “Learning Centers”.  We don’t want to be further annoyed by calls touting the waste of tax dollars known as the “Heritage Days Festival.”

This, however, seems like a fairly reasonable use of the system.  A simple phone call informing folks that trash collections will be delayed. A message with instructions on when the trash will be picked up, whether or not to leave it on the curb and for how long seems like something worth communicating to the residents.

Not according to the terse response given to Councilman Chester’s request.

It does make one wonder. Surely the mayor, Mr. Roberts or Mr. Harris are not the only city employees who know how to access and activate the phone system. Per the MOU with the state upon which our transitional aid funding is given, Mr. Hutchinson, Mr. Mollinedo and other directors can not be summarily dismissed by the Mayor. Not without the approvals of DCA and the governing body.

Maybe it is time for one of these parties to stand up to the petty tyrant and do what is right for the city.

The mayor changed his mind.

Mayoral Aide Anthony Roberts faced off agains five members of City Council last night (Alex Bethea and Kathy McBride were absent) over the proposed Recreation budget for the coming fiscal year.

According to David Foster's reporting in the Trentonian, when the topic of Heritage Days came up, Roberts defended the Mayor's last minute decision to break a previous agreement to cancel the event this year.

"He changed his mind," Roberts said laughing.

 

That is supposed to be a good enough reason to spend $40,000 on a poorly planned, poorly executed and (if the last two years are an example) poorly attended festival?

Any experienced event planner will tell you that is not the way to produce a meaningful, rewarding festival.

If you measure success by the fact that you actually manage to mount an event, then this kind of half-assed approach is probably good enough.

Even though Anthony Roberts has stated otherwise, there doesn’t seem to be any real marketing of the event going unless you want to count the two images posted to the front page of the city of Trenton website. Where’s the information on the lineup of performers? Where is the information about how interested groups or vendors might get involved?

We can’t help wonder though, would this be good enough if the $40,000 was coming directly out of the Mayor, or Mr. Roberts’ personal funds? 

Why is it “OK” then, to proceed haphazardly and irresponsibly with the public’s money?

Because the mayor changed his mind.

 

Not good enough.

The city should be focusing its activities and money on providing the basic services of public safety and a functional infrastructure. If we can’t afford enough staff to make regular garbage collections or mow and maintain our parks, how can we possibly be considering funding festivals and parades?

If the governing body has to fret about the cost of accepting a grant that would help rehire a dozen police officers because it would mean raising taxes, how can we even consider having “end of year” parties or summer concerts?

It is not the purpose of the city to entertain the citizens. It is not for the city to provide activities. 

Yes, fund the pools. Give some money to the various sports leagues, but not their complete operating budget and only under closely monitored agreements.

The rest is just bread and circuses.

It is long past time for the city of Trenton to cut out the frivolous expenses and focus its meager and dwindling financial resources on what really matters.

Think this through

Learning is a life long task. It is the way we acquire the information we need to function.

Decisions should be made after gathering as much information possible.

It follows then, that learning leads to better decision making. (Noting that not everyone will derive the exact same assumption from the same set of data).

This is the essence of what those in attendance should take away from Thursday night's city council meeting that mostly centered on the issues of the city's floundering hotel.

Things learned.

Some key facts came to light that many did not know and others may have known but forgotten over the intervening years since the hotel project was first proposed. Some of the information was revealed via simple research into public documents. Some of it was explained by the city's extremely capable bond attorney, Ed McManimon.

• The Lafayette Yard Community Development Corporation was incorporated in June of 1998 by Shelly Zeiger. The other "trustees" besides the incorporator were Acquest Realty's David Ong, along with Bill Watson, Allan Mallach, and Gwendolyn Long. These five were, according to the incorporation document, "designated by the Mayor of the City" and two others were to be "designated by the City Council at a later date." Mr. Zeiger was the registered agent for the corporation.
• The purpose of the LYCDC was to assist the city, parking authority and state in redeveloping the parcel of land into a hotel, conference center and parking garage.
• The LYCDC, when adopting its bylaws, made the Mayor the appointing authority, with advice and consent of the City Council.
• The LYCDC, NOT the City of Trenton, owns the hotel.
• The LYCDC, NOT the City of Trenton, issued the tax-exempt bonds to raise some of the money for the project.
• The City of Trenton is the guarantor of the bonds. That is, if there is not enough revenue generated by the hotel operations to cover the payments of principle and interest on the bonds, the City of Trenton must make the payments. Since the hotel has, generally, not made a profit that means the city has made the payments and likely will continue to do so.
• There are other, subordinate loans from the state and the Trenton Parking Authority that helped finance the project.
• While the City of Trenton is responsible for the debt incurred to finance the development, it is NOT obligated to cover any operating shortfalls.
• In order for the hotel to be sold, the title has to first transfer to the City of Trenton from the LYCDC.

What this means, in short, is that the LYCDC holds title to the property and operates it via a contract with a management company. The LYCDC is technically the borrower of the money used to construct the facility. The city is the backup...if there are not profits from hotel operations to pay the lenders back, the city must (and has been) make the payments. The city is not obligated to honor the cash calls made by the LYCDC to cover operating deficits.

Take a minute and let that sink in.

Ok, so what do we do?

There is universal agreement that the hotel needs to be sold. There is not so much agreement on the where, when, how and to whom,

It is also pretty much agreed that the hotel is more attractive to a buyer as an open and operating concern rather than closed.

To continue operations after the current agreements with Waterford (the management company actually "running" the hotel) and Marriott (the brand or "flag"), a new computer management system must be purchased and up and running. (This is because the current system in use is Marriott's proprietary system and when they go, it goes. It is that simple.)

There will also be expenses incurred removing all "Marriott" branded items from the property.

This is the $200,000 in transition expenses approved at last night's council meeting. This will allow Marshall, the incoming management company, to operate the hotel after midnight, June 14 when the property becomes "the-hotel-formerly-known-as-the-Trenton-Marriott".

What is not settled is whether to proceed with the re-flagging of the hotel as a Wyndham or operate it independently. Here there are differences of opinion.

Many in the business community, along with the LYCDC board majority, place importance on having a branded hotel. Their arguments range from the improved market recognition a flag carries to implied "standards" of service and facilities. Some say the public seek out name brand hotels when traveling because they are known entities.

Of course, running with a flag can mean additional costs. There is reportedly a $10,000 application fee just to be considered for the Wyndham name. Then there will be some kind of license fee, franchise fee, etc. to actually put the name on the property, tie into its reservation system and utilize the chain's marketing muscle. In addition, we cannot overlook the $3 million in property improvements that Wyndham wants done. These have thus far been described in reports as essentially cosmetic makeovers of the bar area and freshening up the decor in the guest rooms.

In the other camp are those who feel the hotel could operate just fine without a brand for the very brief (but as yet undefined) period between losing the Marriott name and being sold. The thought is that if you are coming to Trenton and inclined to stay at a hotel here in town, you will really have no choice. A brand name is not going to make a difference. Surely, Marshall can operate a property to "chain" standards without the benefit or expense of the brand name. The money saved on application and franchise fees can be freed up for marketing and for those property improvements and maintenance that are actually necessary.

Would operating independently eliminate the need of further bonding?

Operating independently might eliminate the need to issue more bonds to cover this expensive bar makeover and such. However, there are undoubtedly some repair and maintenance issues that should be addressed as part of "polishing this gem" (as one speaker referred to it last night) and readying it for sale.

There is another option that bears consideration.

Bond counsel Ed McManimon noted that the city could issue taxable bonds in the amount equal to the LYCDC’s tax exempt bonds, essentially paying off the LYCDC’s bond debt and acquiring the hotel. At current rates, the city’s debt would be about the same as it is currently paying as guarantor of the LYCDC bonds.

A new body could be created, with members from the state, perhaps the county, the business community and such to oversee the operation AND sale of the hotel.

Robert Lowe sketched it out this way in a post on Facebook last night:

 

The Trenton Hotel 7 Step

1. The City issues taxable bonds equal to the hotel equity it has guaranteed, approximately $13.5 mil, and retires the LYCDC bonds it has guaranteed in equal amount. With this action, the City officially owns the hotel, disbands the LYCDC and nullifies the Asset Manager contract.
2. The City works with the Management firm to operate as an unbranded hotel.
3. The City plans what is truly needed in a reservation system, and works with outlets such as Expedia, Flipkey, and the like to ensure continued internet marketing.
4. The City begins negotiations with the unsecured creditors to arrange for forgiveness of such debt.
5. The City studies the advisability of sale timing, and the possible returns potentially realized by initiating renovations - a true professional business assessment with realistic projections for each available scenario.
6. The City prepares an RFP for sale, and determines the timing of sale, based upon a thorough assessment of the business analysis described above.
7. The City sells the hotel, and encourages all stakeholders to step up to bat, requesting a demonstration of their support by steering business to the hotel. This includes the State, who by purchasing procedures and policy can drive volume.

We think Mr. Lowe is onto something.

We know we will likely never get back the money already invested in this project. We need to focus on getting the hotel into private hands.

As Mr. Lowe said, details need to be worked out. Still, this is more of a plan than we have seen or heard to date.  

It is worth a shot.

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.

 

Disappointed

Trenton City Council held a special meeting Tuesday night. The purpose of the meeting was to present publicly the legal process for filling any vacant elected offices (council or mayor).

The meeting was relatively brief, under an hour. The information was presented, council was provided an opportunity to raise any questions (they had none) and then members of the audience were invited to ask questions.

Despite reports last week of errors in the way the city legal department described the process to council in advance of the meeting, the information provided tonight was correct.

In short:

• If a vacancy occurs in a council position, the remainder of the governing body appoints a replacement by a majority vote. 
• If a vacancy occurs in the office of mayor, the council president becomes the acting mayor until the body appoints a replacement.
• In either case, if the vacancy occurs prior to September 1 of the final year of the term, a special election is scheduled for the next general or municipal election, whichever comes first.
• If a vacancy occurs after September 1, the appointee completes the term; no special election is required.

There were some good questions raised by members of the public tonight.

 

Q: Who can be appointed? A: Anyone who is legally qualified to hold the seat. Not just a member of council or the administration.

Q. What constitutes a majority vote on an appointment? A. Four votes out of the seven possible (in the case of a tie in voting for a replacement council member, the mayor may vote).

A little trickier question was about whether there would be an open process of soliciting names and resumes of those interested in filling any future vacancies and just how that process might be handled.

The council president promised as open and transparent a process as the law allows and an open call for submissions from interested parties. The law director rightfully pointed out that criteria for evaluating the submissions would need to be agreed upon by the governing body and made known to the public.

All well and good. Moreover, the proceedings went better, largely, than one might have expected after reading of the earlier confusion over the actual process.

What was unsettling, though, were questions raised about whether or not members of city council had been approached about securing their votes for one particular individual or another to be appointed mayor in case of a vacancy.

The reason for the line of questioning was a obvious belief that some sort of back room deal had already been made on just who council would appoint to fill a vacancy in the office of mayor.

The political climate in Trenton has long fostered an abundance of conspiracy theories. One could suppose it is a natural by-product of politics.

However, if this is the tone the upcoming campaign is going to take than we have a big problem.

Trenton is in crisis. We need competent, steady leadership. We do not need another thin-skinned, suspicious, administration. We need to build coalitions and to include all segments of the population. We can no longer afford to discount or disparage others simply because they are rivals or challengers.

It is a given that candidates cannot absolutely control what their supporters say and do, but they can make an effort or distance themselves from those who won’t behave civilly.

There is no room for the accusatory challenges launched from the podium tonight. Nor is there cause for the commentary passed between various members of the audience. That kind of behavior is not going to save Trenton. It is only going to send us further along the road to dysfunction and divisiveness.

If you are going to campaign through innuendo and rumor, you are not going to win a lot of votes. And you are not going to help Trenton.

It would benefit us all if candidates and their supporters would keep their conspiracy theories to themselves unless and until they have very credible evidence to back up their assertions. Failing to do so will not only hurt their chances of obtaining the goal they seek, it will severely inhibit the city’s ability to move out of these troubled times and onto recovery.

Isn't the whole idea for us to be better, do better than our recent history indicates we are?

The people have spoken

Walking the dogs Saturday afternoon, we headed up Front Street. As we approached the Old Barracks, the strains of fife and drums could be heard. The closer we got, the louder the music.

It was very easy to imagine walking that very street some 237 years ago and hearing the same music emanating from the parade ground in front of the Barracks. It was hard to suppress a smile.

Coming around to the back side of the Barracks we came upon the landscaping crew laying the sod around the almost completed "Petty's Run" historic site.

This site, if you don't remember was the focus of controversy late in 2010. Excavations at the site uncovered the remains of a pre-revolutionary steel mill as well as the city's first cotton mill dating from the early 19th century. The steel mill is the only one from colonial America to have been located and uncovered.

Under Governor Corzine, the site was to be featured as part of the Capital State Park. When the Christie administration came in, plans were frozen due to the state's fiscal crisis. Lt. Governor Guadagno determined the excavation should be filled in. Preservationists and history buffs were up in arms.

Finally, with a promise of financial support from Mercer County, the state cancelled the plan to completely fill in and cover over the site. Instead, the site would be fenced, landscaped and interpretive signage installed to explain and celebrate the significance of that location.

The work is nearly complete. The ribbon cutting for the site is tentatively scheduled for late in May.

As the strains from the Barracks Fifes and Drums Corps echoed across the capital grounds, it caused us to pause and reflect on the history and significance of that corner of the city. 

The Barracks stand as a testament to the will of people or that of the government. They were built to house troops during the French and Indian War, rather than to have the soldiers billet in the houses of townspeople.

The building is also a symbol of Trenton's significance in our War for Independence from Great Britain.

Today, the preserved and interpreted presences of the Petty's Run site is there to remind us of our industrial past.  The fact that the site will be available to the public to view is due to the force of the voices that spoke up for its preservation. It was a bloodless fight of the people to overcome the single-mindedness (dare we say, "tyranny"?) of the state house.

The principles fought for in the 1776 were achieved and honored in 2011. The people spoke. Government responded. Appropriately.

The fifes and drums played. We smiled.

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.

Enough already

This situation about Paul Harris, the vehicle accident, whether or not he had permission to drive a city vehicle, etc. has gone on too long.

It seems pretty clear that a city vehicle had been repaired at the request and with the knowledge of the BA's office...specifically his assistant, John Seigle.

While it is quite plausible that Mr. Harris used the vehicle without formal, written permission, it does not seem likely that he did so without anyone's knowledge and assumed approval. The set up of the offices in which the vehicle keys are kept (in a lockbox) is such that it would be hard to obtain them during the work day without someone taking notice.

The amount of misinformation, misdirection and miss-appropriation of city resources, while par for THIS administration, is way beyond what is acceptable.

Both of the local dailies have reported on this. The Trentonian, the Times (twice) and Trentonian columnist L. A. Parker has commented on the matter.

It certainly appears that, as Mr. Parker puts it, Mr. Harris was made the scapegoat in an episode that points up several failings of Trenton City Government:

1. The city has way too many vehicles than are needed.
2. There are minimal policies and procedures governing who uses these vehicles, when and for what reasons.
3. There is lax adherence to the policies that do exist.
4. There is no adherence to the 2010 ordinance that was meant to rein in the abuses and costs of maintaining the fleet of passenger vehicles.
5. The city has failed to provide accurate information in this matter: either the inventory dated June 30, 2012 is incorrect or the statements that BA Sam Hutchinson did not like the "Crown Vic" he had been assigned is flat out wrong. This document says he was assigned a Chevy Caprice.
6. The vehicle in the police report, has a license plate number matching one that was "unassigned" at the time of the June inventory. Just like the Saturn that Mr. Harris had been driving around in for a few months and that it is claimed Mr. Hutchinson desired over the "Crown Vic (Chevy Caprice?)". The Ford Escape was, in effect, a "pool car" available to anyone needing a city vehicle to do city business (such as dropping off another employee to pick up a recently repaired auto).

Kevin Moriarty discusses this kind of "casual corruption" thoroughly in his blog post from the other day.

We suggest that the Administration rescind its disciplinary action against Mr. Harris, immediately (or whatever the proper action is according to the Civil Service rules.)

We also suggest that the Administration make immediate plans to reduce the current passenger vehicle fleet and adopt a straight up reimbursement policy/procedure for business use of a personal vehicle.

Civil Service Commission orders Mendez gone!

In an order issued on Wednesday, April 3, 2013, the NJ Civil Service Commission determined that the layoff of former head of the Trenton Park Rangers, Michael Morris, was faulty and ordered him reinstated.

Robert "Chico" Mendez who had been hired as a "seasonal" employee when Mayor Mack took office was ordered to be removed from his position.

Mendez, a long-time supporter of the mayor, had been put in charge of the Park Ranger staff even before the September, 2011 layoff that initially removed Morris from the city payroll.

This decision follows a similar one last September that called for the removal of Mack hires, Dave Briegle, Charles Hall and Henry Page from their posts as "Water Meter Readers" with the Trenton Water Works.

Hall, who worked in the city Recreation, Natural Resources and Culture department while being paid as a TWW employee has since plead guilty to charges in both the Tony Mack corruption case and the Jo Jo Giorgianni drug distribution case.