Incomprehensible shyster attorney for the 11 member local police "union" My name is David Fox I'm am an attorney... a municipal attorney.. just came from a municipal council meeting... only been doing it for 30 years... but [mayor: who do you represent sir] I represent the PBA for the Borough of Mendham... the PBA is local 139 in the Borough [mayor: thank-you] I have a few things I want to say... thank you for giving me the opportunity to do that... first of all I do disagree with the legal advice... lawyers disagree... Councilman Andrus has already stepped down so I have to take that as a fait accompli... but my opinion which I put in writing is that the vote is on a budget issue.. [anonymous coughing].. to go ahead with the feasibility study... and whether to do it in phase two... and that given that there is no conflict such that would require councilmen Andrus to withdraw. I think his concept of having a Blue ribbon Commission // makes sense for reasons I'll express in a minute. [ mayor: that concept hasn't been presented yet......] I thought I heard him suggest it and [ mayor: maybe -unintelligible-] all I know is that I heard that [Mayor ok I hear that] my understanding however is that there are at least two other councilmen here who should be required to step down and be recused...if Councilman Andrus needs to be recused... one of these Councilman and I will describe him not by name but by... one of these Councilman has a wife who formerly worked for the police department... who publicly stated last time that he has two men in the police department who are like his adopted sons... another one.. another councilman here is a member of the PBA in Morris Township... it is the PBA here which will be required to litigate some of these issues... and I unhappily believed if the action is taken to proceed... and the action is taken to recant the previous vote that is likely to be what will happen... because there are at least two other Councilman here when ... who if this Councilman for the reasons given is required or should step down... who should also step down. what I believe makes sense is what councilmen Andrus stated... namely that... and what your attorney stated... there should not be.. not be another vote... let a court decide if it needs to get that far as to whether the vote was proper or not and look for another way to deal with these issues rather than requiring... as I think is required that three councilmen be recused... which could be somewhat ridiculous for something of this importance.. the reason... the reason that I think this should be done... that there should be further inquiry into this is because I am also involved personally in the only situation where there has been regionalization... in this case North Hudson where five communities combined to form one Department... there is nothing and I was personally involved in that... the attorney's fees for the city alone are over half a million dollars... because of the debate this engenders... and this involves an knee... and there is nothing in the initial study that refers to this at all [ mayor: may I interrupt it's fine to address this on the recusal issue right now... we are going to have an open session to discuss the merits are not... for the public to address the] on the recusal issue I was only mentioning these other things as a takeoff Councilman Andrus mentioned about the need for further study and and leaving the action that was taken standing... I believe the recusal is not required... I think if it is I disagree with your attorneys opinion because I believe... this is not... this is a vote on a budget issue and as to generally as to a consolidation issue ... and I believe further strongly that if there is to be a recusal required... Like Councilman Andrus there are two other councilmen given these facts who also.. must.. must be recused from involvement for the reasons I've expressed... I just want to caution you as to the things that were missed... which is why I know you've asked me not to shut up on this... and not to say anything but give me just a moment him ... the costs that are totally messed in this study are the costs of arbitrators coming in to call what the contract should be... after these contracts are expired...the whole impact of the management committee running two police departments.. not you.. them... all these things are totally overlooked and I think there somewhat relevant to the issue of recusal... I think rather than confrontation.. and a changed vote... and dealing with the legal issue as to whether two other councilmen had the right to vote... the vote should stand and there should be a further inquiry into this ... [mayor: ok thank-you I appreciate your comments] Lawrence Haverkost To begin with my wife spent 25 years... three chiefs.. as police secretary and has had a long and distinguished career she and I do not discuss these proceedings... She may disagree with me... she may agree with me... I don't feel sense she is retired that I have to recuse myself because there certainly is no financial interest... as far as my relationship to the current police force I think very highly of everybody on the police force... they've been at my house... I've been at their houses... but so have other cops [unintelligible].. certainly do not take a position that is similar here... I can vote in what I think is the best interest of the Borough of Mendham... even though it is in opposition to those police and in my own estimation we are trying to investigate and get more information on what could be very beneficial to all of them. So that's my relationship with the police force... and it would be the same after it would be consolidated as it is now before it is consolidated... no one is to lose status or their job or I wouldn't even be discussing the matter... but I don't feel any conflict... certainly John was right he and I have been close friends because our wives were doing the same work... and we did reduce ourselves on many occasions where police chief or salary was an issue... I think that in this case that even though our vote was on Phase two.. that by the vote coming out the way it did it killed the project... that very definitely had an impact on any one [unintelligible something] the police department so I feel John and I are friends but I feel he should not have voted and I don't feel any conflict myself....[ mayor: could you just address the one thing in your comment... which was made by others the fact that you adopted some policeman that's the point..] yeah that's an inside joke... Pat liber-teen-o and Sergeant bash-aewo are always talking about adopting them... it's not uncommon for them to stop by and see how we are doing... Now that we are getting old and we are retired it's kind of nice to see a police car in the yard once in awhile as long as my neighbors don't think it's a domestic problem [ laughter] I'm happy you're all here tonight... this is my birthday and I never had a party this big... so no matter what the proceedings are I will not recused myself because I don't feel there is any conflict [ thank-you art again I would simply reiterate that you can't apply a subjective test... again it's not what your motives are or how you feel the question and in this instance would be... certainly it's not a pecuniary interest... no financial interest involved.. it doesn't rise to the same level as a direct financial interest... But the question here would be does it involve an interest of importance to individuals who you have the blood relationship with or very close personal relationship.. and that is where you get in to the difficulty obviously... what constitutes a close personal relationship] my judgment there John is that my relationship is no different than any of us have with the police force... it's the small town I know them well... I have negotiated their contracts... I know everyone of them personally and so does Sgt Witczak and Jerry Dolan, Neil and Garubo [ lawyer: So is it safe to say that these individuals are not at your house on Christmas morning, opening Christmas presents under your tree] no their not part of my family I wish they were... mayor: Mr. Witczak would you please address the question Stanley Witczak Well Unfortunately a couple of boys have been over for Christmas in the early-morning hours... because I do know what it's like to be alone on Christmas away from your family so a cup of coffee and cake is often devoured at the Witczak residence by the boys in blue. I am a member of Local 133 of the Morris Township BPA I am not a member of Local 139 of the Mendham Borough PBA... as some people are well aware in the audience when you voted for me three years ago as well as this time... I've been an officer in Morris Township for 20 years my current assignment is Patrolmen... in that 20 years I held office in the PBA for almost eight years as PBA president... I've negotiated numerous contracts for the Morris Township PBA... serving on this council I have negotiated against the PBA in their contracts... the mayor is well aware that I have an insight into a contractual tactics... Both from the PBA Side and the League of municipalities side... I've attended seminars on both sides... the gentleman from the Mendham PBA ... who have gone against me in the negotiating table know that I am a fair, aggressive opponent... reasonable also is a term that has been used....... PBA 139 does not negotiate Morris Townships contract... I don't receive any benefit from PBA 139... I do receive a benefit from PBA 133 in their representation... I'm glad to see they hired Mr. Fox... of Fox and Fox.. my PBA local has not used Mr. Fox... I don't see a conflict of interest... I have been operating under the mayor's directive from time to time... as chairman of personnel to interact with the Police Department... People also no that I interact just as equally with the members of DPW and the employees of the Bauers building and the Phoenix House...... as far as having the fellas over I can understand with them... I can also give this council some insight as to the... pains of being a police officer... I can identify with some of the things that chief Cameron has said regarding their emotional concerns about their jobs and the stress associated... also the stress of promotional exams... once again Mr. Jansen I don't receive any benefit Mendham Borough local PBA 139 [ council lawyer: I'm not aware of any case law directly on point we have encountered state law on a number of occasions... indirect personal interests which are of a disqualifying nature for example a church located here in the Borough.. the church comes in for some permit or something where the members of that Parrish need to recuse themselves.. there is case law however that says it's not a conflict for an official who is a member of a conurbation in another jurisdiction to vote on matters affecting eight church of the same faith in the Borough... I would think that is an analogous situation to Mr. Witczak ... is not a member of the local PBA he is simply a police officer and member of another PBA... on that basis I don't see that there is any reason for him to recuse himself... I think with respect to both gentlemen the issue of a direct personal interest is really facts sensitive... from what I've heard I suspected that what Mr. Haverkost had said was hyperbole and I think that's been clarified... and interest which disqualifies a member of a governing body is a personal or private one and not such an interest as he has in common with all other citizens and owners of property......] On the issue of a Police merger Neil Henry Based on our extensive discussions on a potential police consolidation with Mendham Township our last council meeting... there hasn't been a day that has gone by in the last two weeks that I haven't received a phone call or been stopped on the street by anyone citizen that had a comment on this consolidation study... many of the comments have been very informative... However there are four particular comments I would like to share with the council Tonight that I feel deserve special mention.... the first one was with a resident who was a police captain in a neighboring community... he shared with me that the state attorney general at the request of the police department or governing body would evaluate a police department and make recommendations for any potential improvements or actions that may need to be taken to improve a department's effectiveness... their conclusions are not binding but they could provide enormous credibility if their recommendations were followed... The best part about the attorney general's study.. is that it wouldn't cost one dime to conduct... I'm not necessarily saying this is how we should proceed but rather am pointing out that it is a valid idea that deserves to be looked at.. not to mention the fact that I for one had no idea this was even available to us... this resident also told me that he is heavily involved in exploring how to handle the ever-increasing service calls put on first-aid squads that operate in the community where he works... he indicated that he is uncovering some very surprising findings and speaking with many people involve on how to handle the personnel shortages associated with a volunteer first-aid squads today... I wish I had this imput on the attorney general before starting the Braun report... the second comment came from an attorney, this person thanked me for pointing out authorizing statutes for consolidation of police services Chapter 48 B-5 ... which says all police.. all Police Commission's shall be binding on all that enter into a joint Committee.. he did confirm for me that we would in fact lose control of our police budget and would be obligated to fund whatever the Independent Police Commission would ask for... He went on to say that he was very knowledgeable on these statutes and would be more than willing to offer any free assistance to any council member if additional clarification on any of these statutes or related law was needed... I wish I had this imput prior to starting the brawn study... the third person who has extensive consulting experience made the observations that we are where we are in the process because and I quote "no business or government entity crucial to its core culture and be successful without an objective, logic based process, that addresses all constituencies, and includes all constituencies... I wish I had this imput prior to starting the Braun report... the fourth comment was not made by person but does have a name it's called apathy... a small citizens' group set out to get some signature is on a petition drive this past weekend and quickly realized that a large group of our citizens don't know what is happening relative to this police consolidation study ... and are like most of us to wrap up in The Daily rat race to take the time to be accurately informed on both the pros and the cons to this issue... and other issues facing this community... Mayor Kraft approached me last Wednesday and ask me how I felt about forming an ad hoc citizens' committee to explore consolidation of services between Mendham Township which would include the police department as well as all other appropriate departments... I took a few days to consider his question and after giving it much thought feel strongly that this is a solid alternative to the Braun study has proven by my earlier examples the wealth of information we have in this town is extensive... we've got residence with different backgrounds willing to share their expertise to view the practicality of shared and or consolidation of services between communities... this would certainly fill the include constituencies part of the equation as the resident cited in my third example above... that being said I recommend to the council that we do the following asked the mayor to appoint an ad hoc committee made up of Mendham Borough citizens to view the overall subject of consolidation of services with the Police Department as well as other applicable departments as the committee may deem worth researching ie first-aid engineering and other such departments... allowed each Councilman to provide the names of people who could help us with This process and would consider serving on this committee... proponents and opponents to the merger study should be included on this committee... I feel that standing membership to be given to the mayor one councilman and the Borough administrator... Ralph needs a couple more meetings to go to.. the committee should be allotted to begin its work before working with a similar committee in any neighboring town... additionally the committee shall look at all neighboring towns that might be looking to save dollars through shared services and/or consolidation... We are bordered by several towns in different directions.. why not take a look at everybody... initial committee should be used for the establishment of objectives timelines and benchmarks and how committee members exactly want to proceed with the consolidation study including the review of the potential cost savings might be and a clear definition of the authorizing statutes regarding mergers... the process should include a partnership with members of any department being reviewed.. as their input is valuable and definitely should be part of the final conclusion as should hard numbers to establish potential cost savings... Finally the formation of this committee will give uninformed citizens a better chance to get involved and know what is going on in our community.. we desperately need new people to get involved... lastly this alternative will allow us to put our emotions and start this process from square one on a fresh basis.
Lawrence Haverkost Louis Garubo I will support Neil's request... with one caveat...I'm borough resident... and I am only interested in what is the best... for the Borough residents and how much they can save in monies.. and that's an issue... anybody that says that's not an issue.. is fooling been themselves.. coverage is an issue.. coverage.. in my opinion if we want more coverage we can hire another police officer... I will support this only if the residents and people on this committee are Borough residents only ... that's who I represent here ... I'm not here to help the Township with their problems with their police department... having said that I will support your position. Gerard Dolan One overall comment... that our intention was one of looking at the issue trying to identify the things that would confront us... and attempting to identify both the pluses and minuses... that was the intent of phase two... beyond that the only other comment I would make... I feel very personally confronted by the fact that, somebody in this community implied very explicitly... by putting a sign up on a poll... saying that Councilman Dolan lied to the seniors. at no point in time have I ever stated anything that was untrue, all the facts that have come out here this evening... were completely stated.. and they will be available to later on when we approve our minutes... as to what was actually said... but I deeply resent anybody thinking that I lied to senior citizens... I have been the one over the past years who has staunchly defended the senior citizens and the ability of them to pay the increase in tax rates that have been going on... I have supported them 100%... and I'm kind of a little bit annoyed that they would take the position of thinking that I lied to them... I did not... if anybody's interested I have the sign here.. I really intended to put it upfront.. I decided against it because I thought it might be to contentious [mayor: you didn't ask me if you could either] [ laughter] [ thank-you Gerry] Stanley Witczak Last meeting that we had was filled with emotion... and a lot of it was created by some of the talk out on the street... I believe that we need to take a look at this issue without emotion... this was a three part study to determine whether there was merit to combining two police departments... let me point out two small police departments... the question at issue was whether the larger department... one larger Department... would offer better services at a reduced cost... bring you up to speed on some of the issues facing the Borough Council... we were looking at the alternatives of hiring two officers... two officers are pretty pricey ... in five years after they reach their maximum time on the job... their estimated cost is $200,000... this includes salary and benefits... turn to my partner Mr. Dolan and he'll tell you what tax impact that will have upon you... at our current tax rate...[ Dolan: a point in the tax rate is approximately 56 to $60,000... if you divide 60,000 in to $200,000 you're looking at what about 4 or 5 cents increase in the tax rate... if we went that way..] I see there are few people missing here tonight... probably because they're up at the high-school at the regional board meeting... which also has a referendum coming... which will raise your taxes... these are all things that the Borough Council is faced with.. so when we comprise a municipal budget... we take into account raising your tax dollars... we were seeking an alternative... This study was to determine if it was to benefit the Borough and slow down the increase in costs... we never really got to find out if we were going to be able to slow down those costs... because it was voted down... I don't exactly agree with Mr. Braun's report... some people here are aware of it... those in the police profession no that... we criticize in private... and praise in public... Mr. Braun was beat up pretty well... if there was a problem with Peter Braun doing the study then we should have dealt with it... I think we are in the process of dealing with it now... Today I spoke with prosecutor Wayne forest and chief Ronald Thornburgh of the Somerset County prosecutor's office... I was advised that they have recent studies that have been completed by the state of New Jersey the Department of Criminal Law and public safety division... those municipalities that are currently being studied are Manville and Rearitin... another study was completed in Somerville and Bridgewater... once again politics and home rule somehow got in the way... I think we should be bigger than that and look at the entire picture of what tax payers will be faced with... I suggest we look at the possibility of contacting the Division of Criminal Justice and request a report on the feasibility of consolidating the Borough and Township police departments... also on the negative side... this report would also provide an analysis of both departments as they exist today ... we had a similar request back in 1976 some of that data is still in effect today... some of it needs to be changed and upgraded... I think it's time for a new study and I will support Mr. Henry's position on an ad hoc committee... from the residents of Mendham Borough... remember we rely on Mendham Township they rely on us... We cannot do it alone any longer... thank you |