1. ..."
~tate of
jiew JJ'ersep.
DEPAR1rMf.NT 0.II COMMUNrrV AFFAIRS
lOt SOl'm BROAI) STRHf
CHRIS O-fR1STIE
(~(Wl!"" 0 r
J'O Box 80j
NJ 08625-0803
TRI'NHlN.
KIM GJAnAGNO
l.l. (;OI'l'rllOr
RICHARD E. CONS1.... IJLE,
C01nmi"ifmt.>r
August 27, 20 13
Ravinda S. Bhalla. Councilman
City of Hoboken
837 Garden Street
Hoboken,NJ 07030
Re:
Local Government Ethics Law
Complaint #LFB·lQ·OI]
NOTICE OF VIOLATION
Dear Councilman Bhalla:
The Local Finance Board (Board) issued a NOTICE OF VIOLATION regarding its
findings in the matter of Complaint #LFB-l 0-0 11 against you. Enclosed is the NOTICE issued
by the Board.
Please be advised that the NOTICE is not a final determination if you desire to avail
yourself of the right to request an administrative hearing. If a hearing is requested in accordance
with the enclosed NOTICE, the Board will not issue a final decision until the completion of the
administrative hearing process.
Please also be advised that the Board considered, for the first time, the issue of shared
office space with a professional appointed by City Council and its relationship to potential
violations of the Local Government Ethics Law. The Board discussed, at length, that while
sharing office space with a professional appointed by City Council is not in and of itself a
"substantial conflict with the proper discharge of duties in the public interest," co·signing a lease
agreement is considered a shared business relationship and would appear to constitute a
direct/indirect financial involvement that might reasonably be expected to impair ones
objectivity or independence of judgment. Please be further advised that the Board's intent is not
to set a precedent that office space cannot be shared bet'veen two professionals. but rather to
distinguish between sharing office space and being jointly and severally bound in a lease
agreement which constitutes a financial involvement. Therefore, the Board determined that you
should have abstained from Council involvement/action in the appointment of Mr. Condon.
Sell· }n:w!y is (III Eq/lal 0p!"JI'lwlicl' Emplo.wr • P6nled VII Rc:cyclcd paper 1m" Recydabll;
III

2. ....
Should you have any questions regarding this matter, please contact Eileen Brennen at
(609) 292-0479.
:~Jf
Local Finance Board
Enclosure
Complainant
THN:cb
ClO.QII.NOV

3. ~tnte
of .flew 31erseJ?
Df.PARTMI:NT OF COMMLrNIH' AFFAIRS
lOt Soum
CURlS CIIRI~TIF.
BROAD S'IRnn
1"0 8ux 803
TItf.NTON, NJ 0862S-0803
(;01't'I'1JOr
RICHARD
E.
CONSTABLE,
Co 111m issio"e r
KIM GllAllAGNO
l.t. (;/,.,,(>,-"or
STATE OF NEW JERSEY
LOCALFmA~CEBOARD
NOTICE OF VIOLATION
In Re: [Ravinda S. Bhalla, Councilman, City of Hoboken, Complaint #10-011.]
This matter having come before the Local Finance Board (Board) pursuant to the Local
Government Ethics Law, NJ.S.A. 40A:9-22.1 et seq., upon complaint that Councilman Ravinda
S. Bhalla voted yes on a resolution appointing special legal counsel for the City and authorizing
a contract to Paul Condon, Esq. for legal services to the City, while Councilman Bhalla had a
close business relationship with Mr. Condon, in violation ofNJ.S.A 40A:9-22.5.d; and,
WHEREAS, it was detennined that the allegations were within the Board's jurisdiction, were
not frivolous and were based upon a reasonable factual basis, the Board authorized an
investigation ofthis complaint; and
WHEREAS, the Local Government Ethics Law states:
N.J.S.A. 40A: 9-22.S.d. No local goverDment officer or employee shall act in
his official capacity in any matter where he, a member of his immediate
family, or a business organization in which he has an interest, has a direct or
indirect financial or personal involvcmcnt that might reasonably be
expected to impair his objectivity or independence of judgment;
WHEREAS, the Board, having considered the matter and the relevant statements and
information presented in the written response to the allegations submitted by Councilman Bhalla,
concluded that voting in favor of a resolution providing for the continued legal services of Paul
Condon, Esq. while he had a shared lease agreement with Mr. Condon constitutes a direct or
indirect tinancial or personal involvement that might reasonably be expected to impair his
objectivity or independence ofjudgment. in violation ofN.J.S.A. 40A:9-22.5.a.
It is therefore,
I>ETERMINED that Hoboken City Councilman Ravinda S. Bhalla shall be assessed a fine in
the amount of $100.00 tor the violation as related to his engaging in activities prohibited by
statute. Payment of said fine shall be waived as no precedent has previously been issued by the
Board in regard to the sharing of office space with a professional appointed by a governing body.
n
1'(*
~.
NOTICE that Councilman Bhalla is entitled to an administrative hearing in acwrdancc with
N.J.S.A. 40A:9-22.12 to contest this NOTICE. Any request for an administrative hearing shall
bde ~l~d w.ith hlhe . Lo~al Financdc Board w it~ilnl 30. days recclipt of this NIOhTICE. Ilf an
a· mtfilstratlve eanng IS rcqucste ,the Board WI not Issue a tina decision unti t e comp ehon
III

4. of the administrative hearing process. Said hearing request shall be filed with Patricia Parkin
McNamara, Executive Secretary, Local Finance Board, Department of Community Affairs, P.O.
Box 803, Trenton, New Jersey 08625.
THO~JLR'
LOCAL FmANCE BOARD

5. ...i
Page 4 of?
Ravinder Bhal1a (RaviBhal1a) on Twitter
Unwarranted #NYPDspying impacts Muslim religigus life &
.? •
In
constitutional ri~~£~'SpYing suppresses ability to 'pFaM8ea~w. Ifl'I v
#changetheNYPD
Retweeted by Ravinder 6halia
E><pand
•
•
•
•
•
Ravinder Shalla @RaviBhalia
21 Aug
Learn more about @omadahealth providing cutting edge
diabetes prevention solutions to millions of Americans #omadahealth
Expand
Ravinder Shalla @RaviBhalia
If I Bribe City Hall, Can I Reduce My Mortgage? - Bloomberg
via @BloombergView bloom.bg/15A9rZq
18 Aug
View summary
Ravinder Shalla @Ravi6halia
13 Aug
Today is Election Day! Special Primary for US Senate. Please
cast your vote for @CoryBooker for Senate on your way to work this·
morning.
Expand
Ravinder Shalla @RaviBhalia
Congrats brother! Keep it going, we're with you in New Jersey
"@keithellison: Turning 50 y'all. pic.twitter.com/yloAiyjorX·
View photo
Ravinder Shalla @RaviBhalia
3 Aug
Joined Florio, Perrucci, Steinhardt & Fader as a Partner of the
Firm. Honored & humbled by the opportunity to work w/such great
attorneys.
Collapse
2
RET¥vEEfS
Reply
Retweet
Favorite
More
••
El'19 PM ·3 Aug 13 . Details
_
lf~
Steve Lenox @lenoxCol1suitil1g
Congrats @RaviBhalla ­
3 Aug
Expand
IJ
•
•
':41
Carl O'Srien @OSnen_Carl
@RaviBhalla - Congrats and all the best.
3Aug
Expand
Ray Smith @TheRealRaySmiU1
If Columbus had docked in Newport, JC instead of Plymouth
Rock, no one would blame him for thinking he found India.
3 Aug
Retweeted by Ravinder Bhalia
Expand
Ravinder Shalla @RaviBhaHa
@TheRealRaySmith So true!
3 Aug
View conversation
Jon Passantino @passantino
3 Aug
RT @SportsCenter: BREAKING: Alex Rodriguez will be
suspended Monday, likely through end of '14 season, sources have
told Outside the Lines.
Ret1Jeeted by Ravinder BhaHa
https:lltwitter.comIRaviBhalla
10/10/2013

6. THE COUNCIL OF THE ClTYOF HOBOKEN
MINUTES FOR MEETING OF MAY 2,2012
EXECUTIVE SESSION (stardng at 6:00 PM)
RESOLVTIONS
RESOL'L'TION A'L'THORIZING CLOSED SESSION, PURSUAt,"T TO N..J.S.A.I0:4-12(8) TO
DISCUSS MATIERS RELATING TO SETTLEMENT NEGOTIATIONS WITH A FOR.IIER
EMPLOYEE (EMPLOYEE #101230) AND TO DISCUSS MATTERS OF ATIORNEY CLIENT
PRIVILEGE RELATING TO OPEN SPACE ACQUISITION AND REDEVELOPMENT
President Bhalla re-opened the meeting at 7:42 P.M.
Roll call for Executive Session: Council persons Castellano, Cunningham, Giattino, Marsh, Mason, Mello,
Occhipinti, and President Bhalla
ABSENT: Russo
Second ReadinglPublic Hearing and Final Vote
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 192 OF THE CODE OF THE CITY
OF HOBOKEN EN"TIlLED (pARKING FOR HANDICAPPED) APPROVAL; (1312 BLOOMFIELD
STREET) (sponsored by CoucHman Mello and Councilman Cunningham) (Z-176)
The speaker who spoke: Patricia Waiters.
No other person present desiring to be heard and no written protests or objections received, President
Bhalla asked for a motion to close the hearing.
President Bhalla moved that the hearing be closed.
--Motion duly seconded by Councilman Cunningham
--Adopted by the follo~ing vote: YEAS: 8 - NAYS: 0 - ABSENT· 1
--Yeas: Councilpersons Castellano, Cunningham, Giattino, Marsh, Mason, Mello, Occhipinti and
President Bhalla.
--Nays: None.
--Absent: Russo
President Bhalla then instructed the City Clerk to call the Final Vote for the above Ordinance.
--Adopted by the follomng vote: YEAS: 8 - NAYS: 0 -ABSENT: 1
--Yeas: Council persons Castellano, Cunningham, Giattino, Marsh, Mason, Mello, Occhipinti and
President Bhalla
--Nays: None.
--Absent: Russo
Meeting of May 2, 2012

7. --Adopted by the following vote: YEAS: 7 - NAYS: 1 - ABSENT: 1
--Yeas: Council persons Castellano, Cunningham, Giattino, Marsh, Mason, Mello and President Bhalla
--Nays: Occhipinti
--Absent: Russo
Councilman Occhipinti has left the table at 10:31 PM
Councilman Occhipinti has returned to the table at 10 :35 PM
~
--By Councilman Cunningham
RESOLlITlON TO AUTHORIZE A PROFESSIONAL SERVICE CONTRACT WITH FLORIO
PERUCCI STEINHARDT & FADER, LLC AS SPECIAL LEGAL COUNSEL-GENERAL
LITIGATION TO THE CITY OF HOBOKEN TO COMMENCE JANUARY 1, 2012 AND EXPIRE
DECEMBER 31, 2012 FOR A TOTAL NOT TO EXCEED AMOUNT OF $20,000.00
WHEREAS, service to the City as Special Counsel - General Litigation is a professional
service as dermed by M.J,.S,A. 40A:11-1 .et ~. and as such, is exempt from public bidding
requirements pursuant to t:L1S.A. 40A: 11-5; and,
WHEREAS, the City of Hoboken published its annual Request for Proposals for the
Professional Services of Special Legal Counsel-General Litigation in accordance with the Fair and
Open Process and Hoboken Ordinance #DR-154, which Florio Perucci Steinhardt & Fader LLC
responded to; and,
WHEREAS, the evaluation committee scored Florio Perucci Steinhardt & Fader LLC's
proposal among the highest for said services, the Administration has presented Aorio Perucci
Steinhardt & Fader LLC as the City's Special Legal Counsel-General Litigation for CY 2012, and, as a
result, the City Council heretofore seeks to authorize the award of a professional service contract;
and,
WHEREAS, Florio Perucci Steinhardt & Fader LLC is hereby required to continue to abide by
the "pay-to-play" requirements ofthe Hoboken Public ContractiTllJ Reform Ordinance, codified as §20A­
11 ~ o2!../l. ofthe Administrative Code of the City of Hoboken as well as the Affirmative Action laws and
policies under which the City operates; and,
WHEREAS, certification of funds is available as follows:
I, George Destefano, Chief Financial Officer of the City of Hoboken, hereby certify that
$20,000.00 is available in the following appropriations 02-01-20-156-020 in the CY2012
budget; and I further certifY that this commitment together with aU previously made
commitments does not exceed the appropriation balance available for this purpose for the
CY2012 budget.
Signed:
..I George DeStefano, CFO
NOW THEREFORE, BE IT RESOLVED, that a contract with Florio Perucci Steinhardt & Fader
LLC to represent the City as Special Legal Counsel-General Litigation be awarded, for a term to
commence January 1, 2012 and expire December 31, 2012, for a total not to exceed amount of
Twenty Thousand ($20,000.00) Dollars; and
BE IT FURTHER RESOLVED, the contract shall include the following term: Aorio Perucci
Steinhardt & Fader LLC shall be paid maximum hourly rates of $150.00jhour for attorneys,
$50.00jhour for paralegals, and $20jhour for support staff for services rendered, these are the only
Meeting of May 2, 2012

8. charges for services allowable under this agreement, and charges for filing fees and costs shall be
allowable, but must be clearly identified and described in full in the appropriate monthly invoice; and
BE IT FURTHER RESOLVED, that Florio Perucci Steinhardt & Fader LLC was appointed
earlier in 2012 to provide investigative services to the City with regards to an Affirmative Action
issue, and the herein contract and not to exceed amount shall include the within described
investigative services; and,
BE IT FURTHER RESOLVED, litigation and legal matters will be assigned to the firm as they
become available and the City Administration determines the firm's services are appropriate for any
particular matter; this contract shall not be for a sum certain but rather, a retainer, the matters on
which to be retained shall be determined as the need arises at the sole discretion of the City; and, this
contract is not a guarantee of availability of services or assignment; and,
BE IT FURTIlER RESOLVED, the contract shall expressly state that said firm shall be
obligated to provide prompt notice to the City when its invoicing reaches 80% of the not to exceed
amount if the firm believes additional funds will be necessary, and the City shall have no liability for
payment of funds in excess of the not to exceed amount; and
BE IT FURTHER RESOLVED that the City Council of the City of Hoboken specifically finds
that compliance with Hoboken Ordinance #DR-154 (codified as §20A-4 of the Code of the City of
Hoboken), and any and all state Pay to Play laws, is a continuing obligation of Rorio Perucci
Steinhardt & Fader LLC; and
BE IT FURTHER RESOLVED the City Clerk shall publish this resolution as required by law
and keep a copy of the resulting contract on file in accordance with.MJ..S.A. 40A:ll-1 ~~.; and,
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be provided to
Mayor Dawn Zimmer and Corporation Counsel for action in accordance therewith and to take any
other actions necessary to complete and realize the intent and purpose of this resolution; and,
BE IT FURTIlER RESOLVED that this resol ution shall take effect immediately.
---Motion duly seconded by Councilman Mello
---Adopted by the following vote: YEAS: 5 - NAYS: 3 - ABSEl"T: 1
--Yeas: Council persons Cunningham, Giattino, Marsh, Mello and President Bhalla
---Nays: Castellano, Mason and Ucchipmb
---Absent: Russo
12-493
--By Councilwoman Giattino
RESOLUfION TO AUfHORIZE AN AMENDED PROFESSIONAL SERVICE CONTRACT WITII
FLORIO & KENNY FOR TIlE SERVICES OF EDWARD FLORIO, ESQ. AS SPECIAL LEGAL
COUNSEL-RENT CONTROL BOARD ATTORNEY TO THE CITY OF HOBOKEN TO
COMMENCE JANUARY, 2012 AND EXPIRE DECEMBER 31, 2012 WITH AN INCREASE IN
THE NOT TO EXCEED AMOUNT BY $10,000.00 FOR A TOTAL NOT TO EXCEED AMOUNT
OF $15,000.00
WHEREAS, service to the City as Special Counsel - Rent Control Board Attorney is a
professional service as defined by MJ..S,A. 40A:ll·1.et~. and as such, is exempt from public bidding
requirements pursuant to .MJ.S.,A. 40A: 11-5; and,
Meeting of May 2, 2012

9. As of 1/19/13 *
AJ of21201/3
**
REGULAR MEETING OF FEBRUARV 20, 2013
STARTING AT 7:00PM
Please note: The Hoboken City Council may consider additional Resolutions, Ordinances
or any other matter brought before the Hoboken City Council until February 20,2013 and
throughout the meeting
SECOND READING/PUBLIC HEARING AND FINAL VOTE
I.
AN ORDINANCE TO AMEND CHAPTER 179A
ENTITLED "TAXICABS" TO FURTHER CLARIFY THE
...
~j
MUNICIPALITY'S INSURANCE REQUIREMENTS FOR TAXICAB
LICENSES (sponsored by Councilman Mello and Councilman
BhaJla) (Z-227)
2. AN ORDINANCE AMENDING CHAPTER § 196 Z<)NING BY
DELETING THE CURRENT ARTICLE 11 IN ITS ENTIRETY AND
REPLACING IT WITH A NEW ARTICLE II "DEFINITIONS"
(sp()ns~*bf-Coun~il;~an"M"erroimt€ltunc.iIman.Bh~!I~) (Z-228)
/.
",/'
-~/
" . , "-¥,-" " ' . " " " "
{ , /(Carried to March city council meeting pending planning board
~
review)
-----3. AN 0
~"'j
NAA1'J.rnm'-TffE-{:;Ql,~:;.t.6-e&~.£-f4':Pr"1jf
HOBOKEN G
. 'ING A NON~EX
IVE TEMPORARY
FOR". AIN ENCROACHMEN'rs
REVOCABLE EASEM
WITHIN THE PUBLIC RI
-OF-WAYALONO OBSERVER
HIGHWAY, BETWEE
TERS 1 AVENUE AND JACKSON
AS BLOCK 14, LOT 1
STREET, MORE P 'CULARLY KN
ON THE T
MAPS OF THE CITY 0 HOBOKEN. AND
COMMONLY REFERED TO AS 61 JACKSON STREET
(sponsored by Councilman Mello and Councilman BhalJa) (Z-229)
(PULLED "'ROM SECOND READING DUE TO SUBSTANTIVE
AMENDMENTS, SEI<: 1ST READING ORDINANCE #1) * *
PlJBI.IC COMMENTS
PETITIONS AND COMMUNICATIONS
Miscellaneous Licenses
Annual Debt & Financial Statement submitted by the CFO for CY 2012

10. A4.*
Resolution authorizing the closure of a bank account at the recommendation of the
Department of Revenue and Finance (submitted by the Finance Department)
J~esolution to
approve a "License Agreement" between the City of llobokcn and the
owner of Block 169 Lot 38 (a/kJa for a license agreement for 704 Park Ave. (submitted
by Community Dc/clopmcnt)
6.*
Resolution to authorize a professional service contract with Chasen Leyner & Lamparello
PC as Special Legal Coun501- General and Outstanding litigation to the City of Hoboken
to commence January 1, 2013 and expire December 31, 2013 for a not to exceed amount
of$4,500.00 (submitted by the Administration)
7.*
Resolution to authorize an amendment to the professional service contract with Florio
Perucci Steinhart & Fader as Special Legal Counsel··- Labor and Employment to the City
of Hoboken to commence January 1, 2013 and expire December 31,2013 for an increase
in the not to exceed amount by $25,OOO.O() total not to exceed amount of $50,250.00
Ad
"r' .
(submitted by the Administration)
8.*
Resolution to authorize a correction to the professional service contract with Maraziti
Falcon Healey as Special Legal Counsel····· outstanding litigation to the City of Hoboken
to commence January 1,2013 and expire December 3 L 2013 to change the hourly rate to
$190.00/hour (submittcd by the Administration)
Resolution to award a contract to secure watch 24 for the purchase of two (2) automated
license plate recognition systems with automatic chalking in accordance with the City's
Bid No. -13-01 in the total amount of $184,077.00 (submitted by the Administration)
( ,k 1O.*t.. ..a~esolution
."
to authorize a contract to T & M Associates for services as the City's
J, ,.,,11fofessional consultant with regards to the electrical repair work on the Midtown Garage
flo commence January 21, 2013 and expir~ upon complet~?n, but not later than J~muary
t' . 20,2014 for a not to exceed amount ofNme Thousand Nine Hundred Dollars ($9,900.00)
to "" ; f,
(submitted by the Administration)
Resolution to award a contract for Harley Davidson Buell of Long Branch for Four (4)
Harley Davidson Motorcycles in accordance with the City's Bid No. 13-0) in the Lotal
amount of $78,630.00 (submitted by the Administration)
(
'­
12.*
Resolution to authorize a contract with DeMaio Electrical work services with regards to
the electrical repair work the Midtown Garage to commence February 20, 2013 and
expire upon completion, but not later than February 19. 2014, for a not to exceed amount
of Seventy Five Thousand Six Hundred Dollars ($75,600.00) (submitted by the
Administration)

11. Deadlocked City Council Unable to Approve Legal Bill - Government - Hoboken, NJ Patch Page 1 of 6
Hoboken
News
I Government
Deadlocked City Council Unable to Approve
Legal Bill
A resolution to pay $25,000 in legal bills failed on Wednesday night.
Posted by Claire Moses (Editor) , February 21, 2013 at 04:46 AM
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0
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2
An amendment to a legal bill with the firm Florio, Perucci,
Steinhart & Fader of $25,000 - for a total amount not to exceed $50,250 - failed in a 4-4
vote.
Only eight members are currently serving on the city council, often resulting in a deadlock.
The matter pertains to an appeal by a former employee of the city, said city lawyer Melissa
Longo. Longo said the money was added to the bill because she recently assigned the firm
with a new case.
Florio, Perucci deals with labor matters, Longo said, as well as negotiations with the city's
municipal employees union.
The firm of Florio, Perucci also recently responded to a request for qualifications to become
the general counsel of the Hoboken Housing Authority.
From the Web
http://hoboken.patch.com/groups/politics-and-elections/p/deadlocked-city-council-unable...
by Taboola
10/10/2013

12. Hoboken Housing Authority Reappoints Attorney During Heated Meeting - Government ... Page 1 of 12
Hoboken
News
I Government
Hoboken Housing Authority Reappoints Attorney
During Heated Meeting
After a bitter clash between the HHA Chairman and the HHA Director, Charlie Daglian was
re-appointed as the housing authority's counsel.
Posted by Claire Moses (Editor) , February 08, 2013 at 06:02 AM
Like
0
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0
mmissioners
~~v, ' ..... , "'., .... ,
~;,an in a 4-3 vote
during a heated special meeting Thursday night.
I I ....
...., ....
The tumultuous meeting, which lasted more than three
hours, included a series of hostile exchanges between Housing Authority Chairman Jake
Stuiver and Executive Director Carmelo Garcia.
While a stale-mate early on in the evening failed to appoint Daglian in a 3-3 vote, he was
later appointed when Vice Chairman Rob Davis came to the meeting to take are-vote.
Stuiver -who was verbally berated by members of the public several times Thursday
night, some of whom called him a "backstabber" - had called for the special meeting,
planning to act on a resolution to award the year-long contract to the lawfirm of Florio,
Perrucci, Steinhardt & Fader, one of four firms that responded to the HHA's request for
proposal.
Florio, Perucci asked for an annual base salary of $60,000; an hourly rate of $150 for
special matters and tenant disputes to become the HHA's counsel. Daglian's proposal
included a $45,000 salary and a $125 hourly rate for extra matters.
http://hoboken.patch.com!groups/politics-and-elections/p/hostile-atmosphere-controIs-me... 10/10/2013

13. Hoboken Housing Authority Reappoints Attorney During Heated Meeting - Government ... Page 2 of 12
The annual salary for the authority's attorney is capped at a base of $50,000, Garcia said.
UD until now, Daglian had been charging the Hoboken Housing Authority $60,000 annually.
Stuiver said that a committee made up of himself as well as his allies and fellow
commissioners David Mello and Greg Lincoln had discussed the four offers and picked Florio
because they were most "comfortable" with that offer.
"Comfort is a high urgency," Stuiver said. "We have to have a high level of trust."
Garcia, in turn, said that the HHA is legally required to follow guidelines and score the bids
following directions from the Department of Housing and Urban Development.
According to the ranking completed by Garcia and two other Housing Authority executives,
Daglian scored 100 points, against Florio's 71.
~tartlng
at the beginning of the meeting, which lasted for more than three hours, Stuiver
- banging the gavel loudly and often to quiet an agitated crowd of HHA residents - and
Garcia disagreed about who has the ultimate power to hire the board's attorney.
Some residents held signs with phrases like "Jake Must Go" and "Keep Politics out of the
Housing Authority."
Daglian told the board that the executive director is the sole appointing authority, a policy
that is included in Garcia's contract. Garcia is about two years into his second five-year
contract as HHA director.
When hiring personnel or professionals, the Board of Commissioners has the right to veto
or disagree with the director's choice, but not the right to appoint someone without the
director's input.
Hostile interactions between Stuiver, who was appointed HHA chairman in May, and Garcia
persisted throughout the night.
Garcia said that ever since, he has been functioning in a "stressful, hostile, work
environment."
Multiple residents signed up to speak at the meeting, many of them criticizing the
chairman, displaying a growing disconnect between the residents and the board.
"How are you as commissioners helping us?" asked Carmen Vega, who lives in Fox Hill
Gardens, the HHA senior building.
"Right now, this board is about two things: power and control," said Councilman Tim
Occhipinti, who attended the meeting. "Politics is so infused in this board, you cannot not
see it."
Ultimately, the sWing vote was in the hands of Greg Lincoln - who was appointed to the
HHA in June - when he broke with the majority and voted "no" on the Florio, Perucci
contract. Lincoln explained, he felt "legally obligated" to do so after learning that the
executive director has the sole appointing power.
.http://hoboken.patch.com/groups/politics-and-elections/p/hostile-atmosphere-controls-me... 10/10/2013

14. City halts work on tourism website <br><font size=2><i> Project, contracted to council c... Page 1 of 4
City halts work on tourism website
Project, contracted to council candidate, now bogged down in politics
by Dean DeCh iaro
Reporter s/(~trwriter
09.29.13 - 12:04 am
The completion of a new tourism website for the city of Hoboken, meant to give
a boost to local businesses following Hurricane Sandy and prior to the February
2014 Super Bowl in the Meadowlands, is being delayed because a co-owner of
the firm contracted to build the site is running for City Council.
Two Hoboken businessmen, one of whom is opposing allies of Mayor Dawn
Zimmer in the upcoming November election, say the city is refusing to honor a
contract worth tens of thousands to build the website, EnjoyHoboken.com.
Joe Mindak and Kevin Cale, who together run the downtown design firm Tisha
Creative, went before the City Council two weeks ago claiming that the tourism
site was progressing smoothly until Mindak declared his candidacy for at-large
council - on a ticket put together by one of Zimmer's challengers, state
Assemblyman Ruben Ramos.
"We'd been working on logos, slogans, everything, and it'd be going very
smoothly with the city. We were going in for weekly meetings, collaborating on
different ideas," said Cale in an interview last week. "And then Joe declared his
candidacy for City Council, and boom, everything went quiet."
The city has acknowledged that the issue stems from the election. The city would
either like to turn the work over to another firm, or wait until after the election to
revisit the issue with the current firm.
The city said their concerns are related to "pay to play" campaign financing
regulations. "Pay-to-play" is the practice of giving money to a political candidate
in hopes of securing a job or contract once that candidate wins office. Over the
last few years, the state and individual cities have enacted reforms saying that if a
firm donates more than a few hundred dollars to a municipal political candidate,
and the candidate wins, that firm can't then be hired by the city in the next few
years.
However, it is unclear how this would relate to Mindak's situation. He could
theoretically donate money to himself, making him ineligible to continue doing
work for the city if he took office next year. However, Mindak noted that the
contract with the city expires this December, before he'd ever take office.
Mindak's attorney said the city is getting ahead of itself.
"I would analogize it to something along the lines of not allowing people to park
because of the possibility that someone might break a parking law," said the
http://www.hudsonreporter.comJprinter_friendly/23 710181
10110/2013

15. City halts work on tourism website <br><font size=2><i> Project, contracted to council c... Page 2 of 4
attorney, Richard Mackiewicz Jr.
Partial payment?
Tisha ha~ offered to turn over the work they've done so far to the city in return
for partial payment, but they say that the amount the city has offered is
insufficient.
The most recent correspondence between Tisha and the city indicates a standstill
over what Cale and Mindak believe they are owed, and the city's insistence that
the work must be turned over to them before any payment can be made.
Mindak said last week, "This is something that we were doing for the city's well
being, and we didn't want to make it an issue, but we didn't really have other
options."
He also noted that time is of the essence, considering the Super Bowl happens in
early February.
In a letter to the city, Mindak and Cale said that if an agreement is not reached
soon, they will have to use "another forum," apparently leading the city to think
they are threatening litigation. But Cale said they meant speaking before the
council when using the term "another forum."
The council unanimously voted for Tisha's contract with the city, valued at
$37,500, at a meeting in December of2012.
Cale and Mindak said the number is approximately half of what they'd normally
charge for such ajob, but felt an obligation to help the city in Sandy's wake.
Mindak said that the city has made an offer of around $15,000 for the 200 or so
hours Tisha has completed on the project. The firm says it should be given
significantly more than that.
Three issues
Zimmer said that due to the potential for litigation, she could not speak
extensively on the issue. But she said the issue was created by Mindak's choosing
to run for office.
"Mr. Mindak's council candidacy created the situation where he would be in the
dual capacity as a city vendor and a candidate for office. It is his candidacy that
created the conflict in pay-to-play issues that needed to be considered and
addressed," she said. "If one of the city's outside attorneys were to announce a
candidacy for City Council, I don't think anyone would question whether it
would become inappropriate for that lawyer to continue representing the city of
Hoboken."
That situation might be a political conflict of interest issue rather than pay to
http://www.hudsonreporter.com/printer_friendly/23710181
10/10/2013

16. City halts work on tourism website <br><font size=2><i> Project, contracted to council c... Page 3 of 4
play. But, the city said that there are other potential problems.
In late March, following Mindak's campaign announcement, he and Mackiewicz
attended a meeting with the city's attorneys at the mayor's request. The city's
counselors, Mellissa Longo and Alicia Proko, outlined three potential issues with
the city's contract with Tisha, according to a letter from Mackiewicz to the city
dated April 4.
The first issue is the possibility of pay-to-play violations. The second was the
issue of who would maintain control of the website while Mindak was a
candidate. If the web's designers maintained control, the city said, they could
give certain local businesses priority over others on the website, possibly in
connection with donations to Mindak's campaign.
The third issue, the letter states, is the illegality of any sitting elected official
having a contract with the city.
But, Mindak would be sworn in in January of2014, the month after the contract
expires, should he win.
None of the city's letters to Mackiewicz said that it's illegal for a city vendor to
seek elected office. In the past, some elected officials, including sitting at-large
councilman Ravi Bhalla, an ally of Zimmer's running against Mindak in
November, had previously held city contracts.
Tisha has agreed to tum all passwords and access to the site over to the city, and
Mindak maintained that he hasn't donated any money to his own campaign.
But the city has asked that all work on the website stop until an agreement on
payment can be settled. In the event of a settlement, the city would retain control
of the work and complete the website with another vendor.
Will it get done?
The dispute leaves significant questions as to when the website, which is viewed
by both the city and local business owners as an important step towards boosting
the local economy, will be finished.
Zimmer said last week that she is "very interested" in completing it, and that the
project will move forward if the parties agrees to a settlement. Otherwise, it will
have to wait until after the election.
Cale said it is unfortunate that politics are getting in the way of an otherwise
positive thing.
"You know, I voted for [Zimmer]. I used to walk to work with her," he said. "I
didn't think that this would create such an issue. What it comes down to is that
this was supposed to be a good thing for Hoboken and now it may not happen
before the Super Bowl, which is really when the city should have it."
http://www.hudsonreporter.comlprinter_friendly/23 71 0181
10/10/2013

17. City halts work on tourism website <br><font size=2><i> Project, contracted to council c... Page 4 of 4
Dean DeChiaro may be reached at deand((j)hudsonreporter.com
<>
© hudsonreporter.com 2013
http://www.hudsonreporter.com/printer_friendly/2371 0181
10/10/2013

18. Pay to play firms gave $11.3 million to NJ. candidates in '08 I Politic...
http://www.politickemj.com/wallye/28754/pay-play-firms-gave-113...
I
Login I Register for State Street Wire ISearch
PolitickerNJ.com
HOME I RESOURCES I WAKE-UP C/l.l.
I PRESS RELEASES I BACK ROOM I STATE
P
STREET WIRE
Pay to play firms gave $11.3 million to N.J. candidates in '08
By Wally Edge I April3rd, 2009 - 10:38am
More
In 2008, for-profit businesses with government contracts worth more than $17,500 contributed $11,336,900 to New Jersey candidates, party organizations and
political action committees, according to reports filed with the New Jersey Election Law Enforcement Commission.
The top twenty contributors with public contracts, including both direct contributions and personal contributions of individuals with more than 10% equity:
1. T&M Associates: $557,520
2. Remington & Vernick Engineers, Inc.: $487,950
3. CME Associates: $395,485
4. Birdsall Services Group: $289,025
5. Parker McCay PA: $192,830
6. Richard A. Alaimo Associates; $188,050
7. Adams Rehmann and Heggan Associates: $184,950
8. Federici and Akin, PA Consulting Engineers: $171,950
9. Bowman & Company LLP: $150,320
10. Maser Consulting: $147,200
11. Wilentz, Goldman, Spitzer: $144,216
12. DeCotiis, FitzPatrick, Cole and Wisler, LLP $139563
13.lIVaters, McPherson, McNeill, PC: $135,290
14. Environmental Resolutions: $117,500
15. Florio, Perrucci, Steinhardt & Fader, LLC: $114,550
(
16. ArCher & Grenier pc: $113,401
17. Neglia Engineering Associates: $108,650
18. Capehart Scatchard PA: $108,650
19. Bach Associates, PC: 107,875
20. Business & Governmental Insurance Agency: $99,025
The ELEC site has spread sheets of pay to play campaign contributions and public contracts: https:llwwwnet1state.nj.usllpdleleclptplquickd...
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lof2
10/10/2013 8:12 AM

19. -_.. ---- -- ._----- --- _._- ... -
-~
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_,--
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..
--.-.
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F I LED
APPELLATE OtV1S10N
SEP 0"6 103
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
~~
SUPERIOR COURT OF ~~W JERSEY
APPELLATE DIVISION
DOCKET NO. A-SOll-llT3
IN THE MATTER OF THO~~S
SW~ENEY,
CITY OF HOBOKEN
Submitted September 3, 2013 - Decided September 6, 2013
Before Judges Harris and Fasciale.
On appeal f ..om the Civil Service Commission,
CSC Docket No. 2012-1170.
C. Elston & Associates, LLC, attorney
appellant
(Catherine
Thomas
Sweeney
Elston, on the. brief).
for
M.
Florio Perrucci Steinhardt & Fader, L.L.C.,
attorneys for respondent City of Hoboken (J.
Andrew
Kinsey,
of
counsel;
Veronica
P.
Hallett, on the brief).
John J. Hoffman, Acting
-attorney for respondent
Service Commission (Pamela
Attorney General, on the
of brief) .
Attorney General,
New Jersey Civil
N. Ullman, Deputy
statement in lieu
."l
PER CURIAM
Thomas Sweeney, a City of Hoboken laborer who was removed
from his public employment on October 29, 2010, appeals from (1)
the January 11, 2012 final determination of the Civil Service
Co~~ission
(the
Coa~ission)
denying his request for a hearing of
his appeal of the removal, and (2) the May 3, 2012 request for
reconsideration.
We affirm.

20. On Noverrber5, 2010, Sweeney was served with an amended
preliminary notice of disciplinary action charging him with
several violations of N.J.A.C. 4A:2-2.3(a), including
incompetency, inefficiency, or failure to perform duties;
inability to perform duties; conduct unbecoming a public
employee; and misuse of public property, including a motor
vehicle.
The notice accused Sweeney of being under the
influence of an intoxicant while working at a city event on
October 29, 2010.
Through his attorney, Sweeney waived a departmental
disciplinary hearing.
Accordingly, on Decerober 17, 2010, the
City served a final notice of disciplinary action on the
attorney and Sweeney's union representative, which removed
Sweeney from his municipal position effective October 29, 2010.
On September 21, 2011, Sweeney filed a major disciplinary
appeal form with the Commission for the first time.
In his
cover letter to the Commission, Sweeney averred that it was his
understanding that "union counsel" would be filing a timely
direct appeal with the Office of Administrative Law.
"I "Tas told
He wrote,
by lIly union representatives that lIlY- appeal was
filed," but, in fact, Sweeney learned in September 2011 that no
such appeal had been filed on his behalf from his removal as a
City laborer.
Sweeney contends that his union misled him into
2
A-SOll-llT3

21. -
...-...-.
__ __
.
._._~.
__._-_ _--_
..
..
__
.~
..
_-'- -----_.__ ... _.
-_ _._
..--.- ..
...
--
._-_.-
--_.
-
--~
-_.
__
.-
-_._...---.-
_ _._-'_._
.•.
..
_---- -- ._---_.. ­
believing that a timely appeal had been filed, and when he
became dissatisfied with the union's responses, he engaged the
service of a different attorney to prosecute his appeal.
The Commission rejected Sweeney's appeal, notwithstanding
his claim that he had never been personally served with the
City's final notice of disciplinary action.
The Commission
rejected Sweeney's contentions on the ground that N.J.S.A.
11A:2-15's twenty-day appeal-filing-period "is jurisdictional
and cannot be relaxed or waived."
,.
It further relied upon
N.J.A.C. 4A:2-2.8.(a), and cited Borough of Park Ridge v.
Salimone, 21 N.J. 28, 46 (1956); Mesghali v. Bayside State
Prison, 334 N.J. Super. 617, 621 (App. Div. 2000), certif.
denied, 167 N.J. 630 (2001); and Murphy v. Department of Civil
Service, 155 N.J. Super. 491, 493 (App. Div. 1978), in support
of its denial of an appeal hearing.
The Corrmission rejected Sweeney's application for
reconsideration, which was largely devoted to Sweeney's claim
that the City's failure to personally serve him with a final
notice of disciplinary action tolled his time for an appeal.
The COn:w::lis s ion noted that Sv,TEiH5ney "WaS clearly aTNare of his
termination effective October 29, 2010[,] and was under the
impression that his former union-assigned counsel filed an
appeal on his behalf."
Furthermore, it observed,
3
A-SOll-lIT3

22. [Sweeney] provides no explanation as to why
he did not attempt to file his appeal
directly
wi th
the
Commission
after
he
determined by the end of June 2011 that his
former union counsel did not file an appeal
on his behalf.
The filing of his appeal
with the Commission almost three months
after he became aware that an appeal was not
filed on his behalf would not be considered
a reasonable time to file his appeal in
accordance
with
N.J.S.A.
11A:2-15
and
N.J.A.C.
4A:2-2.8.
Accordingly,
the
Commission finds that the appellant has not
established timeliness of his appeal and his
request for a hearing was properly denied.
We are in substantial agreement with the Commission's
stated reasons for rejecting the appeal.
Its determinations
were not arbitrary, capricious, or unreasonable.
See In re
Stallworth, 208 N.J. 182, 194 (2011).
Affirmed. 1
We reject as wholly without merit Sweeney's claim that the lack
of personal serYice upon him of the final notice of disciplinary
action excuses his untimely appeal. ~ 2:l1-3(e)(1)(E).
Sweeney
knew
in
early
November
2010
that
his
job
had
ended.
Furthermore, his belief (albeit erroneous) that an· appeal, in
fact, had been filed on his behalf obviates any putative effect
of the non-personal service of the final notice of disciplinary
action.
Whether Sweeney was personally served or not is
irrelevant to the lack of filing a timely ~p~~~l on his behalf.
1
!hereby certifY- that ~ ~~a:;g,,
IS a
..
4
true copy crt ltle· o::iginaI
nmy~ ~~~
,
,
CL..9< OF Tl£~TEOMS1a.1
A-SOll-llT3

23. Ravi..... 8haUa
'rom:
SeM:
To:
8u~
It ..5 .-Ued ./2) so bY, IIY count we ttsve to
Attached 1. the cc.pla1ltt . .inst Me end 0 - .
reply by 4/U.
key faets .re
On 8/14JZ8U
8S
WlI
follaws:
had Iellk• • into our hOUSe
result af a
8$ •
S'tON.
...
reported this to Chubb
~ requested that .. perII1t thIIl to s.",ta r8IIed1at1on crew to 11llit the potentul _age.
I aa.... and the Mxt day Branch SIIrv1c.s C_" Bt Chubb· s request. Branch cut hOles in the
Wills Wre there was wetness and left a few GIant c1e-hdid1fiars itt our haM to dry :1t.OIt.
A 'few days late.. they , . and I'WIDY.fld 1:hedeNn1di.fl.ers. The.... 1IItiIS nn.r any d1scussion of
~t.
.U'.'
Shortly after the .....1di.,1.J'S ..... ~.. a Olubb adjuster cae 'to our hoUse to evaluate
the elm. The next d41Y, Il1chal"d -Miller f..- arench serv1ee, called to ask llfhQn he could
CGIIe to -do 'the appraisal.- I -.s surpriMd b8c.use Chubb tuId told .. that they did not 1ft
involved in the appraisal process· thft t wu free to set II}' CMt. Nevertheless I qreed and
he c_ the next d8y (I think) - sc.et:1_ in l8te AupSt. I asked when 1 would receive the
appraise1 and he said -in • f . dtlys.·
1 di.<I not rectiw tM ~81s.l, but I beUeve that ChUbb did. About .....k later' 1 recei"ed
• letter of,.. 0IJbb deny1na IIY ella but pay1"8 _
$2,"8.94 which they said ws u.. cost of ....-diltion less IlY $588 decl.Ietible. At no ti..
did .I eeree pay 8rwtCh for their services" thouP chubb did S'QU in their awer letter
.cc~nyi"l the chec;k that they
antic:ipeted that: I tIaUld do 50.
t had not n 'tNt tiM l"eCe1ved a blll
troD Br.ncb services n had no 1dei1I IIIh8t the eGSt: was. Branch tlad advised Chubb of the cos't
MI'tMr tNIn • •
11M,.. was no release lancUilllt on the cheCk and after
daposl1: it:. The check ..as Mda out to _ Met~.
account 1 hlMt ~th my iIOttw instS of, t"-, ~ ~
I have not" roe-depOSited it:.
. -T ,lJ,:. c·
hold1nl 11: fer a few 'lllftks I decided to
1 .~c1dental1y deIJo51'ted 1't in a jo1nt:
with o-n and the bank bounced it bect:
. ­
.;. ':~
r
In OCtober.. 8ranch sent _ a leUer asldna _ to fill out a Cet"'tiflc3te of sat1sfaction with
respect to their .....It. I responded wi'ttli • lftter 1&ftorinl 1:hft request and askina ~ t had
MYer received the apprasal they had
.reed
"to proricle.
0'1 OCtober 4th, i
ediately aft~ reeetv!na II)' letter J theY fedextld .. an appra1sal c1ai1ai.n1
ti'aet the delay ._ due to hurr1cane Irene. Note that I still h8cI Mver been DWad Tor tM1r
tIDf'k and thlt ~ clurly ant1c1p8ted bet... paid by Chubb.
On November 22M" .art! than 3 ....ths 8'ft@or the WDI"It vas dOne. I reee! ved fo.- ttle first tlJIe
an invoke Tor $3,2.78.94. 11e involee -"5 dated '/13/zeU, but had never been aen1: to Me
before. This is 1MpUd'tl, conft..... by 'the COVC!'- letter thoUIh 1t doesn'"t explldtl, say
it.
1

24. •
The • reMdlation- wh.1d _
or My not hBve been necesSiry- the need for tmich was det'eMllincc;l
by Chubb' oS contractor has left us w1th ftUII8rous holes in our walls and a hole in the prace
ceiling. B.it5~ 01'1 the est1Mte prepeM1d by ' ..Inch the cost of clod,.. all 'the NMd1ation
holes and n!fJ'1nt1na is approxi.lItely $8Jeee. I think a countercUUl for thb tIOU1d do no
ha",~ with 01" w.11:1v1ut: • crosscla1. apinst Chubb.
C;an a (J'lOSI ella be add-.:f W ...l
lNnks 1n
adViJn(;e
for your help.
Feel
frei tich8rP 1f
Stan
2
rul lIIOrk 15
involved.

25. RPC 1.7. Conflict of Interest: General Rule
• (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the
representation involves a concurrent conflict of interest. A concurrent conflict of
interest exists if:
• (1) the representation of one client will be directly adverse to another
client; or
•
t ere IS a sIgnificant risk that the representatIon of one or more clients
will be materially limited by the lawyer's responsibilities to another client,
a former client, or a third erson or by a personal interest of the la er.
•
otwithstan mg the existence of a concurrent conflict of interest under
paragraph (a), a lawyer may represent a client if:
• (1) each affected client gives informed consent, confirmed in writing, after
full disclosure and consultation, provided, however, that a public entity
cannot consent to any such representation. When the lawyer represents
multiple clients in a single matter, the consultation shall include an
explanation of the common representation and the advantages and risks
involved;
• (2) the lawyer reasonably believes that the lawyer will be able to provide
competent and diligent representation to each affected client;
• (3) the representation is not prohibited by law; and
• (4) the representation does not involve the assertion of a claim by one
client against another client represented by the lawyer in the same
litigation or other proceeding before a tribunal.

26. RPC 1.8. Conflict of Interest: Current Clients; Specific Rules
•
•
•
•
•
•
•
•
(8) A lawyer shall not enter into a business transaction with a client or knowingly acquire
an ownership, possessory, secunty or other pecunIary interest adverse to a client unless:
o (1) the transaction and terms in which the lawyer acquires the interest are fair and
reasonable to the client and are fully disclosed and transmitted in writing to the
client in a manner that can be understood by the client;
o (2) the client is advised in writing of the desirability of seeking and is given a
reasonable opportunity to seek the advice of independent legal counsel of the
client's choice concerning the transaction; and
o (3) the client gives informed consent, in a writing signed by the client, to the
essential terms of the transaction and the lawyer's role in the transaction,
including whether the lawyer is representing the client in the transaction.
(b) Except as permitted or required by these rules, a lawyer shall not use information
relating to representation of a client to the disadvantage of the client unless the client
after full disclosure and consultation, gives informed consent.
(c) A lawyer shall not solicit any substantial gift from a client, including a testamentary
gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to
the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to
the client. For purposes of this paragraph, related persons include a spouse, child,
grandchild, parent, grandparent, or other relative or individual with whom the lawyer or
the client maintains a close, familial relationship.
(d) Prior to the conclusion of representation of a client, a lawyer shall not make or
negotiate an agreement giving the lawyer literary or media rights to a portrayal or account
based in substantial part on information relating to the representation.
(e) A lawyer shall not provide financial assistance to a client in connection with pending
or contemplated litigation, except that:
o (1) a lawyer may advance court costs and expenses oflitigation, the repayment of
which may be contingent on the outcome of the matter; and
o (2) a lawyer representing an indigent client may pay court costs and expenses of
litigation on behalf of the client; and
o (3) a non-profit organization authorized under R. 1:21-1 (e) may provide financial
assistance to indigent clients whom it is representing without fee.
(f) A lawyer shall not accept compensation for representing a client from one other than
the client unless:
o (1) the client gives informed consent;
o (2) there is no interference with the lawyer's independence of professional
judgment or with the lawyer-client relationship; and
o (3) information relating to representation of a client is protected as required by
RPC 1.6.
(g) A lawyer who represents two or more clients shall not participate in making an
aggregate settlement of the claims of or against the clients, or in a criminal case an
aggregated agreement as to guilty or no contest pleas, unless each client gives informed
consent after a consultation that shall include disclosure of the existence and nature of all
the claims or pleas involved and of the participation of each person in the settlement.
(h) A lawyer shall not:

27. (1) make an agreement prospectively limiting the lawyer's liability to a client for
malpractice unless the client fails to act in accordance with the lawyer's advice
and the lawyer nevertheless continues to represent the client at the client's request.
Notwithstanding the existence of those two conditions, the lawyer shall not make
such an agreement unless permitted by law and the client is independently
represented in making the agreement; or
o (2) settle a claim or potential claim for such liability with an unrepresented client
or former client unless that person is advised in writing ofthe desirability of
seeking and is given a reasonable opportunity to seek the advise of independent
legal counsel in connection therewith.
• (i) A lawyer shall not acquire a proprietary interest in the cause of action or subject
matter of litigation the lawyer is conducting for a client, except that the lawyer may: (1)
acquire a lien granted by law to secure the lawyer's fee or expenses, (2) contract with a
li t
. .
o
• (j) While lawyers are associated in a firm, a prohibition in the fore oin
tmoug I t t app les to anyone of them shall apply to all of them.
• (k) A lawyer employed by a public entity, either as a lawyer or in some other role, shall
not undertake the representation of another client if the representation presents a
substantial risk that the lawyer's responsibilities to the public entity would limit the
lawyer's ability to provide independent advice or diligent and competent representation t
either the public entity or the client.
• (I) A public entity cannot consent to a representation otherwise prohibited by this Rule.

28. New Jersey Department of Community Affairs
Division of Local Government Services
Local Finance Board
The Local Government Ethics Law was enacted in 1991. The Local Finance Board in the
Department of Community Affairs Division of Local Government Services perfonns certain
functions under this law which are described in the DCA Programs Book under Local
Government EthicS Law.
l'j'EW JERSEY STATUTES
TITLE 40A:9-22.1 et seq.
LOCAL GOVERNMENT ETIDCS LAW
(CURRENT TO 3/15/91)
The text of the statute follows:
SECTION
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
40A:9-22.1. Short title
40A:9-22.2.Findings, declarations
40A:9-22.3. Definitions
40A:9-22.4. Local Finance Board to have jurisdiction
40A:9-22.5. Provisions requiring compliance by local government officers, employees
40A:9-22.6. Annual financial disclosure statement
40A:9-22.7. Powers of Local Finance Board
40A:9-22.8. Request for advisory opinion from Local Finance Board
40A:9-22.9. Response by Local Finance Board to written complaint
40A:9-22.10. Violations, penalties
40A:9-22.11. Disciplinary actions against officer, employee found guilty of violation
40A:9-22.12. Conducting of hearings
40A:9-22.13. Establishment of county ethics board
40A:9-22.14. Provision of offices to county ethics board
40A:9-22.15. County code of ethics established
40A:9-22.16. Powers of county ethics board
40A:9-22.17. Request for advisory opinion from county ethics board

29. i. "Member of immediate family" means the spouse or dependent child of a local
government officer or employee residing in the same household.
L.1991,c.29,s.3.
40A:9~22.4 Local Finance Board to have jurisdiction
The Local Finance Board in the Division of Local Government Services in the
Department of Community Mfairs shall have jurisdiction to govern and guide the conduct
oflocal government officers or employees regarding violations ofthe provisions of this act
who are not otherwise regulated by a county or municipal code of ethics promulgated by a
county or municipal ethics board in accordance with the provisions of this act. Local
government officers or employees serving a local government agency created by more than
one county or municipality shall be under the jurisdiction ofthe board. The board in
interpreting and applying the provisions of this act shall recognize that under the
principles of democracy. public officers and employees cannot and should not be expected
to be without any personal interest in the decisions and policies of government; that
citizens who are government officers and employees have a right to private interests of a
personal. financial and economic nature; and that standards of conduct shall distinguish
between those conflicts of interest which are legitimate and unavoidable in a free society
and those conflicts of interest which are prejudicial and material and are, therefore.
corruptive of democracy and free society.
L.1991,c.29,s.4.
40A:9~22.5 Provisions requiring compliance by local government officers, employees
Local government officers or employees under the ju risdiction of the Local Finance
Board shall comply with the following provisions:
a. No local government officer or employee or member of his immediate family shall
have an interest in a business organization or engage in any business, transaction. or
professional activity, which is in substantial conflict with the proper discharge of his dutie5
in the public interest;
bureau
b. No independent local authority shall, for a period of one year next subsequent to the
termination of office of a member ofthat authority:
(1) award any contract which is not publicly bid toa former member of that authority;

30. (2) allow a former member of that authority to represent, appear for or negotiate on
behalf of any other party before that authority; or
(3) employ for compensation, except pursuant to open competitive examination in
accordance with Title ilA of the New Jersey Statutes and the rules and regulations
promulgated pursuant thereto, any former member of that authority.
The restrictions contained in this subsection shall also apply to any business
organization in which the former authority member holds an interest.
c. No local government officer or employee shall use or attempt to use his official
position to secure unwarranted privileges or advantages for himself or others;
d. No local government officer or employee shall act in his official capacity in any matter
where he, a member of his immediate family, or a business organization in which he has an
interest, has a direct or indirect financial or personal involvement that might reasonably be
expected to impair his objectivity or independence of judgment;
e. No local government officer or employee shall undertake any emplOYment or service,
whether compensated or not, which might reasonably be expected to prejudice his
independence of judgment in the exercise of his official duties;
f. No local government officer or employee, member of his immediate family, or
business organization in which he has an interest, shall solicit or accept any gift, favor, loan,
political contribution, service, promise of future emplOYment, or other thing of value based
upon an understanding that the gift, favor, loan, contribution, service, promise, or other
thing of value was given or offered for the purpose of influencing him, directly or indirectly,
in the discharge of his official duties. This provision shall not apply to the solicitation or
acceptance of contributions to the campaign of an announced candidate for elective public
office, if the local government officer has no knowledge or reason to believe that the
campaign contribution, if accepted, was given with the intent to influence the local
government officer in the discharge of his official duties;
g. No local government officer or employee shall use, or allow to be used, his public
office or employment, or any information, not generally available to the members of the
public, which he receives or acquires in the course of and by reason of his office or
employment, for the purpose of securing financial gain for himself, any member of his
immediate family, or any business organization with which he is associated;
h. No local government officer or employee or business organization in which he has an
interest shall represent any person or party other than the local government in connection
with any cause, proceeding. application or other matter pending before any agency in the
local government in which he serves.
This provision shall not be deemed to prohibit one local government employee from
representing another local government employee where the local government agency is

31. Optional Municipal Charter
Law
N J.S.A. 40:69A-l et seq.
(Current as ofDecember 2003)
New Jersey Department of Community Affairs
Division of Local Government Seniees
101 South Broad Street PO Box 803
Trenton, NJ 08625-0803
(609) 292-6110
Wvw.11i .gov/dealdIgs
dlgs@dea.state.nj.us

32. 40:69A-34.3. First council members; terms of office
a.
Any municipality adopting a mayor-council plan of government may provide in
its charter that the council members elected at the first regular municipal election or
general election, as the charter shall provide, following the adoption of the plan shall
serve for the following terms: if the municipal council is to consist of five members, two
shall serve for four years and three for two years; if the municipal council is to consist of
seven members, three shall serve for four years and four for two years; or ifthe municipal
council is to consist of nine members, four shall serve for four years and five for two
years. The length of the respective term of each member of the first council shall be
determined by lot at the organization of the council immediately following the election.
b.
Nomithstanding the provisions of subsection a of this section, if a municipality
adopting the provisions of this section shall also provide in its charter that the
municipality shall be divided into wards pursuant to the authority granted in section 1-13
or 1-19 (C.40:69A-13 or 40:69A-19), the council members elected at the first regular
municipal election or general election, as the charter shall provide, following the adoption
of the plan shall serve as follows: the council members elected at large for a term of four
years; and the council members elected from wards for a tenn of two years.
L.1981, c.465, 5.18; amended 1989,c.221,s.3.
40:69A-36.
Legislative power
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;
Optional Municipal Charter Law
N.J.S.A 40:69A-l et seq.
Page 20

33. 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;
1.
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;
1.
Approval of contracts presented by the mayor;
m.
Actions specified as resolutions in the ''Local Budget Law" (N.J.S. 40A:4­
I etseq.) and the "Local Fiscal Affairs Law" (N.J.S. 40A:5-l et seq.); and
n.
The expression of council policies or opinions which require no formal
action by the mayor.
L. 1950, c. 210, p. 473, s. 3-6, eff. June 8, 19.50. Amended by L. 198.5, c. 374, s. 2, eff. Nov. 26, 1985.
40:69A-37.
Investigative, removal powers
The council, in addition to such other powers and duties as may be conferred upon it by
this charter or otherwise by general law, may:
(a)
Require any municipal officer, in its discretion, to prepare and submit
sworn statements regarding his official duties in the performance thereof, and
otherwise to investigate the conduct of any department, office or agency ofthe
municipal government;
(b)
Remove, by at least two-thirds vote of the whole number of the council,
any municipal officer, other than the mayor or a member of council, for cause,
upon notice and an opportunity to be heard.
L. 1950, c. 210, p. 473, s. 3-7, eff. June 8, 1950. Amended by L. 1985, c. 374, s. 3, eff. Nov. 26, 1985.
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
Optional Municipal Charter Law
NJ.S.A40:69A-l et seq.
Page 21

34. NOW, THERFORE, BE IT RESOLVED by the Council of the City of Hoboken as
follows:
1) The Council hereby finds and declares that the actions of Councilman Michael
Russo, as previously set forth in this resolution, are unacceptable, and constitute
conduct unbecoming of a member of the City Council; and
2) The Council calls upon the United States Attorney's Office to publicly release
any and all additional information available relating to its corruption
investigation in Hoboken City government; and,
3) The Council calls upon the United States Attorney's Office to publicly release
any and all additional information available relating to its corruption
investigation in Hoboken City government; and,
-duly seconded by Councilwoman Castellano
---Adopted with amendments by the following vote: YEAS: 5 - NAYS: 4
---Yeas: Council persons Castellano, Giacchi, Occhipinti, Russo and President Mason.
---Nays: Bhalla, Cunningham, Marsh, Mello.
!!:2J!l
--By Councilwoman Marsh
RESOLUTION CENSURING COUNCILMAN MICHAEL RUSSO AND CALLING ON HIM TO
RESIGN AS CITY COUNCIL VICE PRESIDENT, CHAIR OF THE FINANCE AND REVENUE
COMMITTEE AND COMMISIONER OF THE HOBOKEN HOUSING AUTHORTIY
WHEREAS, a recent book entitled "The Jersey Sting" including the fo11owing disclosure with respect to
Councilman Michael Russo's previously unknown meeting with Solomon Dwek:
"You need something? Boom, " continued Khalil. "Ca/l me tomorrow: "I needfive, en grand/or
my campaign. " Boom. "
As intended, Russo was impressed. "Always nice to have friends /ike that. "
Then they got down to business. "Whatever I do, /'/1 do through Maher .. .! don't want to do
anything in my name. I don't want to have any conflicts, " Dwek said.
"You're a smart man," Russo observed.
"/'/1 give him five thousand next week and you '/I work it out... and after the election, /'/1 do the
same. It '/I be more. "
Russo agreed and then the/oursome broke up. After that, however, Russo would not take ca/ls
from Dwek's middlemen...
WHEREAS, in response to this disclosure and assertions by the public that Councilman Russo's conduct
was improper, Councilman Russo defended his conduct to the Hoboken Reporter insisting that he "made it
very clear to Mr. Dwek (he) would not except cash contributions", that there was to be "no quid pro quo"
and" told him what the legalities are"; and
Meeting of April 6, 2011
3

35. WHEREAS, on April 4, 2011 the full tape of the meeting between Councilman Russo and Solomon Dwek
was made public and the tape confIrmed the accuracy of the account provided in the book and did not
contain any of the exculpatory statements claimed by Councilman Russo; and
WHEREAS, it is clear from the FBI surveillance tape that Councilman Russo agreed to provide expedited
treatment for development projects in the same conversation in which he agreed to accept a $5,000
payment to be laundered through a third party, including the following exchanges, as reported by Hoboken
Patch:
"Dwek asked if his zoning variances would be heard within 30 or 60 days, rather than the
procedural six months to a year. At ftrst Russo answered that he couldn't answer that right away.
After Dwek specified that he means after the elections and after Russo's "people are in place", the
councilman responded that "once we get those people in place we'II most certainly expedite all
those in place, we'll most certainly expedite ail those applications."
The "people in place," Russo explained moments earlier on the tape, were the three- council-at­
large candidates who'd run on Councilwoman Beth Mason's mayoral ticket. In return for his
supporting her campaign, Russo explained to Dwek and the other two men at the table, he would
be allowed to handpick the candidates on her slate."
"I'm an investor, developer... I don't want to be left on the bottom of the pile," Dwek said to
Russo. "That's why I do what I gotta do with the right people."
"Absolutely," Russo answered again."
WHEREAS, far from supporting Councilman Russo's claim that his actions were proper, the
tapes raise other serious questions beyond possibly bribery, and solicitation and acceptance
of illegal campaign contributions, including a specific example of trading housing and a
position on the HHA Board of political gain; and
WHEREAS, the initial printed excerpts, Councilman Russo's demonstrably false response,
and the contents of the subsequently released tape taken as a whole, demonstrate
Councilman Russo's unfitness to represent the City of Hoboken as Council Vice-President,
Revenue and Finance Committee chair, on any committee, or as Commissioner of the
Hoboken Housing Authority.
NOW, THERFORE, BE IT RESOLVED, that the Council of the City of Hoboken calls upon
Councilman Russo to resign as Vice-President and if he does not, calls an immediate vote of
no confidence to remove him; and,
BE IT FURTHER RESOLVED that the Council calls on Council President Mason to
immediately remove Councilman Russo as Chair of the Revenue and Finance committee and
from all committee; and,
BE IT FURTHER RESOLVED that the Council of the City of Hoboken calls upon
Councilman Russo to resign his position as Hoboken Housing Authority commissioner and if
he does not, directs Corporation Counsel to determine if sufficient evidence exists to support
his removal for cause as Hoboken Housing Authority commissioner. In the event that
sufficient cause exists, corporation counsel shall take all further steps to present to the
council at its next meeting, the set of procedures required to accomplish this removal as
quickly as possible; and
Meeting of April 6, 2011
4

36. BE IT FURTHER RESOLVED that in light of Councilman Russo's actions taken as a
whole, the Council hereby censures Councilman Russo for his actions for the discredit he has
brought on the City of Hoboken.
The speakers who spoke: Patricia Waiters, Scott Siegel, Thomas Greaney, Forde Prigot, Michael
Lenz, Andrew Cartwright, Linda Walker, Lane Bajardi, Don Pellicano, Perry BeHiore, Roman
Brice, Rami Pinchevsky, Hany Ahmed, David Leibler.
---duly seconded by Councilman Bhalla
---FAILED by the following vote: YEAS: 4 - NAYS: 4
---Yeas: Council persons Bhalla, Cunningham, Marsh, Mello
---Nays: Castellano, Giacchi, Occchipinti, President Mason.
---Present: Russo.
11-931
.--By Councilwoman Marsh
RESOLUTION APPOINTING VICE-PRESIDENT OF THE CITY COUNCIL
Appointing David Mello as Vice-President of the City Council, term effective April 6, 2011
through June 30,2011.
-duly seconded by Councilman Cunningham
---FAILED by the following vote: YEAS: 4 - NAYS: 5
---Yeas: Council persons Bhalla, Cunningham, Marsh, Mello
---Nays: Castellano, Giacchi, Occhipinti, Russo, President Mason.
11-982
---By Councilwoman Castellano
RESOLUTION APPOINTING VICE-PRESIDENT OF THE CITY COUNCIL
Appointing Tim Occhipinti as the Vice-President of the City Council, term effective April 6,
2011 through June 30, 2011.
-duly seconded by Councilman Giacchi
---Adopted by the following vote: YEAS: 5 - NAYS: 4
---Yeas: Council persons Castellano, Giacchi, Occhipinti, Russo and President Mason.
---Nays: Bhalla, Cunningham, Marsh, Mello.
PUBLIC HEARING and FINAL VOTE ON ORDINANCES
Second Reading / Public Hearing and Final Vote
AN ORDINANCE RECODIFYING CHAPTER 29 WITH THE TITLE "ETHICS" (Z-92)
President Mason directed the City Clerk to announce that the Council would consider for
final passage the aforesaid ordinance and all persons interested at this time would be given
an opportunity to be heard concerning said ordinance of which the heading was read in full.
Meeting of April 6,2011
5