City Corporation Counsel Steven Kleinman told the public during the council meeting that Hoboken's Labor Counsel David Corrigan, who is heading up the city's investigation, had a few more interviews to conduct before he could hand over his report over to recently hired Public Safety Director William Bergin.
Depending on the contents of the report, Bergin may make recommendations as to what disciplinary action should be taken. A hearing officer will then determine, based on Corrigan's report, whether to reject or implement Bergin's recommendation.
"As soon as we have the report, we will give you all the information that we are allowed to under the law," said Kleinman last week to the council. "We have to be very careful not to prejudice any employee's rights. To release information that we're not permitted to release could potentially harm our ability to discipline people."
'Hearing officer' will be hired to decide
According to Kleinman, the city is currently seeking the expertise of someone who lacks ties to Hoboken and possesses significant legal or judiciary experience to make the final ruling, in order to prevent critics from questioning the integrity of the decision.
But Kleinman said the hearing will more than likely take place in City Hall.
The hearing officer is expected to cost the city between $15,000 and $25,000.
The scandal became a media sensation late last year after five Latino officers sued the city, accusing their white police lieutenant, Angelo Andriani, of racist behavior. Photos were then leaked to the press of Andriani and members of his SWAT team partying on their way back from humanitarian trips to Louisiana two years ago with Hooters waitresses, handing the waitresses their guns.
Mason asks about 'administrative issues' in HPD
Also at Wednesday's meeting, 2nd Ward Councilwoman Elizabeth Mason presented a written resolution to the council requesting Hudson County Prosecutor Edward DeFazio to give a presentation before the council to explain comments DeFazio made recently in a letter that he sent to Corrigan.
Apparently, in the letter, DeFazio cited "administrative issues" in the Hoboken Police Department that should be looked into.
In an interview Friday morning, DeFazio said, "That is not going to happen at this point. This is an internal affairs situation which is not public."
DeFazio added, "Unfortunately, [Mason] is not familiar with certain attorney general protocols. Personnel matters are not public as far as hearings go."
The discussion comes in light of a memo that recently surfaced from March 2006 from Hoboken Police Sgt. Mark Competello, who has in the past sued the city over alleged harassment by the police chief. The memo claimed that during the New Orleans trip, the 12 a.m.-to-8 a.m. police shift in Hoboken was shorthanded due to four officers accompanying the SWAT team in their effort.
On Wednesday night, the City Council decided to send a letter to DeFazio rather than endorse Mason's resolution.
Mason said on Thursday that she was disappointed, but further demanded that the mayor and corporation counsel discuss the same letter, which she believes they too received from DeFazio.
"What is the delay? If there is an issue to address, let's let the people know about it," said Mason. "Why won't the mayor address the council? We're talking about public safety here."
In response to Mason's claims, Mayor David Roberts accused the councilwoman of executing "another publicity stunt to grab headlines."
Mason is rumored to be a likely candidate to run for mayor next year. Roberts has said he won't run, but lately there has been speculation that he has changed his mind.
Roberts added, "[Mason] will be given the information and reports when they are made public according to the guidelines set forth by the Attorney General."
Roberts added that the report is due by Feb. 28.
When asked why the report is six weeks late, being that it was initially slated for Jan. 15, Roberts said it is his understanding that one individual who had to be sworn in under oath was ill.
In response to Mason's concerns that the information sent by DeFazio involves public safety issues within the department, Kleinman called her claims "ridiculous."
"The letter Edward DeFazio sent to David Corrigan says that we're not going to be prosecuting here, but you need to review the matter for any administrative charges," he said. However, Kleinman acknowledged that there was more to the letter than that.
But he added, "This is a standard letter and has nothing to do with public safety as far as I am aware of. It's a confidential document that cannot be released."
Russo, Lenz trade barbs at meeting
One of Wednesday evening's most electrifying exchanges came during a discussion on the 2007-2008 city budget, which is seven months late.
Former city Chief Financial Officer Michael Lenz came up from the audience and traded barbs with his sometime foe, 3rd Ward Councilman Michael Russo, who chairs the council's budget committee. Russo is rumored to be considering a run for mayor next year.
After Lenz asked the council numerous questions about what had been done regarding the budget, Russo shot back that Lenz was partially to blame for city's spending problems.
"You've taken two political patronage jobs and then you come to that microphone again and try to politicize our budget," Russo said. "You continue to lie to this body, and to this audience and to this TV camera."
He added, "You do it at every meeting. Mr. Lenz, you are the pot calling the kettle black."
By patronage jobs, Russo was referring to the fact that last month, Lenz was hired by the county as the facilities manager for the Meadowview Complex, receiving an annual salary of $65,000 for supervising close to 100 employees at county facilities based in Secaucus. When the job was announced, Lenz refuted public criticism that the hiring was made by allies in the Hudson County Democratic Organization, to whom Lenz was linked in the most recent round of council elections.
Lenz responded, "The fact that I have a job, doesn't have anything to do with the fact the finance committee of the city of Hoboken is not doing theirs."
Lenz complimented Russo on his "extraordinary political skill" for not answering a question Lenz posed to him, and implied that the personal attack was a diversionary tactic.
Lenz went on to accuse the current CFO, George DeStefano, who is Russo's uncle, of alleging having a "no-show job" because according to Lenz, he doesn't sit up near the council dais and answer all the questions posed by the public.
It should be noted that although DeStefano does not sit near the council, he is present at meetings and does make himself available to answer questions posed to him.
When asked for his reaction to Lenz's accusation during the meeting, DeStefano had no comment. - MM
Michael Mullins can be reached at mmullins@hudsonreporter.com.
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