tag:blogger.com,1999:blog-43882332497158052972023-11-16T06:06:12.797-05:00Random notes on NJ governmentNotes on New Jersey's Government that don't fit the topics of my other blogsJohn Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comBlogger375125tag:blogger.com,1999:blog-4388233249715805297.post-84758267915357910172020-01-17T13:13:00.001-05:002020-01-17T13:13:36.881-05:00Sorry, but I will no longer post on "Random Notes on NJ government" In November 2019, I was informed by Facebook that my former blog, "Random Notes on NJ government" violated Facebook's Community Standards. All of my posts on that blog quote from lawsuits or other official government records and those quotes sometimes contain profane language. Apparently, Facebook's algorithm picked up some prohibited words in one or more of my articles and, instead of merely blocking those articles, Facebook prohibited me from sharing any articles. Facebook did not respond at all to my appeal and also did not identify which of my hundreds of articles offended their standards.<br />
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My appeal went unanswered, so I decided to create another, similar blog titled "<a href="https://njhappenings.blogspot.com/">What's Happening in NJ Government</a>" so that I could continue posting and continue to share my posts on Facebook. <br />
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Going forward, I will be careful to excise or mask any profane words so as to not violate Facebook's Community Standards.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-72776066043031763432019-11-02T15:51:00.000-04:002019-11-02T15:51:52.492-04:00Morris County township settled disciplinary case against cop by allowing him to resign in good standing. Township also paid cop for accumulated time and gave him and his family postretirement health benefits.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjgNkuV4w22FHure_qzf48qOFJb9Hw0PiteA28KGCpGCaEStCmQ9RdtgrGhGYXgGYhaDm3zbJmlFpcLOGA1Zq2ldFxPoAABT-WMT1NSz6G4xyc3QiEcOhN-_cXCDzP3QyLxF2OaEThl3DA/s1600/ParsippanyPDLogo.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="300" data-original-width="274" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjgNkuV4w22FHure_qzf48qOFJb9Hw0PiteA28KGCpGCaEStCmQ9RdtgrGhGYXgGYhaDm3zbJmlFpcLOGA1Zq2ldFxPoAABT-WMT1NSz6G4xyc3QiEcOhN-_cXCDzP3QyLxF2OaEThl3DA/s200/ParsippanyPDLogo.jpg" width="182" /></a></div>
According to a February 20, 2019 <a href="https://drive.google.com/file/d/1dHcapFfDtF9VlOhk0Ap_gkyqTTjhSqyQ/view?usp=sharing">settlement agreement</a>, the Township of Parsippany-Troy Hills (Morris County) agreed to withdraw a Preliminary Notice of Disciplinary Action it had filed against a Township police officer on September 11, 2018 in exchange for the officer's resignation from the force. The agreement also required the Township to pay the officer "$11,062.49 for all accumulated compensatory time off in lieu of paid overtime" and "provide him and his dependents postretirement health benefits . . . if he chooses to file for retirement at the same time as his resignation." If a prospective employer inquires, the agreement requires the Township to "only advise that [the officer] resigned in good standing pending retirement, his dates of employment and salary as of February 1, 2019." For his part, the officer agreed not to sue the Township.<br />
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The officer at issue is James Schicke who, according to the agreement, "has been employed as a Patrolman by the Township since July 27, 1998." After resigning effective March 1, 2019, Schicke obtained employment on May 14, 2019 as a part-time Special Law Enforcement Officer II (SLEO II) for the Borough of Mountain Lakes (Morris County) at $26.33 per hour.<br />
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The Parsippany-Troy Hills Township Council, which approved the settlement as part of its consent agenda at its February 19, 2019 meeting, didn't list Schicke's name on the meeting agenda. Rather, <a href="https://drive.google.com/file/d/1864j7Mq-QjdKd54npyYZxDiXKH1cvjX2/view?usp=sharing">the meeting's agenda</a> referred to the matter as "a Settlement Agreement Pertaining to Employee P.S."<br />
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No information is available on the nature of the disciplinary charge against Schicke. Documents pertaining to police disciplinary matters are exempt under New Jersey's <a href="http://njfog.org/OPRA/">Open Public Records Act (OPRA)</a>.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-87455918312904028012019-02-28T12:22:00.000-05:002019-02-28T12:22:11.677-05:00Appellate Division: Ethics complainant lacked standing to appeal dismissal of ethics case.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiPbkZer2czq5r_XkGi230-aa1-4mNECzfhgIUnBqaeR8GED1ztCL5PdNW8hT3hheautEkkTOWNyh-UpucDTLhn2441nm7-BS5akGIvFuK63gM3NGFClqlKFZS9KB7f8mJkmz1cpHxYhT4/s1600/logo+%25281%2529+%25281%2529.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="200" data-original-width="157" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiPbkZer2czq5r_XkGi230-aa1-4mNECzfhgIUnBqaeR8GED1ztCL5PdNW8hT3hheautEkkTOWNyh-UpucDTLhn2441nm7-BS5akGIvFuK63gM3NGFClqlKFZS9KB7f8mJkmz1cpHxYhT4/s1600/logo+%25281%2529+%25281%2529.jpg" /></a></div>
In <a href="http://bit.ly/2GN7nIU">an unpublished decision released today</a>, a two-judge panel of the New Jersey Superior Court, Appellate Division dismissed a citizen's appeal of a ruling by the Local Finance Board that a Somerset County fire commissioner "did not violate [the Local Government Ethics Law] when he voted . . . to settle a lawsuit against the [fire district] in which he was a named defendant." The Local Finance Board is the state agency chiefly responsible for enforcing the Local Government Ethics Law.<br />
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The ethics complainant was Jeff Carter and the fire commissioner was James Wickman of the District 1 Board of Fire Commissioners in Franklin Township (Somerset County). In 2009, Wickman, the fire district and others were named as defendants in district employee <a href="https://njcivilsettlements.blogspot.com/2015/07/franklin-fire-district-pays-200000-to.html">Deborah Nelson's discrimination lawsuit</a>. The sole allegation against Wickman was that he did not respond to Nelson's e-mail alleging that then Commissioner Robert Scheer subjected her to a sexually hostile workplace. On February 28, 2011 Wickman voted in favor of settling Nelson's lawsuit for $150,000.<br />
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Carter, who is Nelson's brother, filed a complaint with the Franklin Township Ethics Board contending that it was unethical for Wickman to have voted in favor of settling a lawsuit in which he was personally named as a defendant. <i>(Disclosure: I served on the Franklin Township Ethics Board during the time Wickman's ethics complaint was processed. However, because of my relationship with Fire District No. 1 (I served as a volunteer firefighter), I recused myself from all proceedings regarding the complaint against Wickman.)</i> The Franklin Ethics Board agreed with Carter and on April 12, 2013 fined Wickman $250.00.<br />
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On January 13, 2016, <a href="https://njrandomgovt.blogspot.com/2016/02/state-clears-franklin-fire-commissioner.html">the Local Finance Board reversed the Franklin Board's ruling</a> finding that Wickman didn't have an active role in the lawsuit's defense and didn't face personal financial liability because the Board had provided him with a legal defense and a promise of indemnification.<br />
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Carter appealed the Local Finance Board's January 13, 2016 ruling and the Appellate Division, in today's decision, held that Carter had "not established any personal stake in the [Local Finance Board's] decision" and that "absent any showing of particularized harm, [Carter] has no right to judicial review of" that decision.<br />
<br />John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-44073392823536150992018-12-06T19:36:00.002-05:002018-12-06T19:36:50.490-05:00Former Dunellen Council member cited for ethics violation.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhAfaMhxj0OPAWa8W-dBybCCKPaoYYIqcKjfwZ7_mbD7lHp0qwmACKKHcq8_AYUP-7gaRFN_2P5T3WPALyPj4Hhm3aL1Jbe4iibTVbmi1lJ8K8XmBIGHfJtvEdJB5etQL2QL6L9Elwd6vo/s1600/one-69528_640.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="426" data-original-width="640" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhAfaMhxj0OPAWa8W-dBybCCKPaoYYIqcKjfwZ7_mbD7lHp0qwmACKKHcq8_AYUP-7gaRFN_2P5T3WPALyPj4Hhm3aL1Jbe4iibTVbmi1lJ8K8XmBIGHfJtvEdJB5etQL2QL6L9Elwd6vo/s200/one-69528_640.jpg" width="200" /></a></div>
After a two and a half year investigation, a former member of the Dunellen Borough (Middlesex County) Council was tentatively fined $200 by the New Jersey Local Finance Board (LFB) for failing to publicly disclose on his Financial Disclosure Statement (FDS) two parcels of real estate owned by his wife.<br />
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In its <a href="http://bit.ly/2rnUpYo">November 23, 2018 Notice of Violation</a>, the LFB--the chief enforcer of the Local Government Ethics Law (LGEL)--found that then-Councilman Kevin A. Bachorik failed to list two parcels of real estate--one in Dunellen and the other in Toms River owned by his wife Miriam--on his 2015 FDS. <br />
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The LFB determined that Bachorik "failed to properly disclose his wife's interest in real property . . . in violation of N.J.S.A. 40A:9-22.6(a)(5). The LFB imposed the minimum fine of $100 for each of the two properties he failed to disclose. <br />
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The LFB dismissed the second count of <a href="http://bit.ly/2QftfC7">the March 16, 2016 complaint</a> which contended that Bachorik also violated the LGEL by not listing any source of income in excess of $2,000 for either himself or his wife except for the Borough, where the only position he held was Councilman. The LFB wrote that "the portion of the complaint alleging that [Bachorik] failed to list sources of income, other than the Borough of Dunellen, for 2014 on your 2015 Financial Disclosure Statement was dismissed by the Board as an investigation could not determine specific sources of income [he] and [his] spouse may have had in 2014."<br />
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The LFB also informed Bachorik of his right to contest the fine by requesting an administrative hearing. The LFB's final decision will not be issued until after Bachorik, if he chooses to contest the fine, has had his case heard by an Administrative Law Judge.<br />
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By law, local government officials can be fined between $100 and $500 for each LGEL violations. The ethics complaint that resulted in the LFB's determination was filed by John Paff and the New Jersey Libertarian Party.<br />
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John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-86729976562015462952018-12-06T17:57:00.000-05:002018-12-06T17:57:28.656-05:00Former Bound Brook Council member cited for ethics violation.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhsn3nqDw_EKy1Nnk6_iL-_GfFL-DW-NbvyS5Y7906WhdTJKliXHbGO1RF9IzvD_uLQlsBD9BlM1RQLCnDZbYxauPQU9LTZvlDjenLGItuyZXrzWMJIOg4EeSBzJkNKT6rL-Iwun7sLx2w/s1600/BoundBrookLogo.png" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="139" data-original-width="414" height="66" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhsn3nqDw_EKy1Nnk6_iL-_GfFL-DW-NbvyS5Y7906WhdTJKliXHbGO1RF9IzvD_uLQlsBD9BlM1RQLCnDZbYxauPQU9LTZvlDjenLGItuyZXrzWMJIOg4EeSBzJkNKT6rL-Iwun7sLx2w/s200/BoundBrookLogo.png" width="200" /></a></div>
After a more than four-year investigation, a former member of the Bound Brook Borough (Somerset County) Council was tentatively fined $100 by the New Jersey Local Finance Board (LFB) for voting in favor of a resolution which designated a redeveloper for a Main Street property while her in-laws owned that property and her husband, who currently sits as a Borough Council member, had an interest in a business located on that property.<br />
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In its <a href="http://bit.ly/2SDsBLt">November 27, 2018 Notice of Violation</a>, the LFB--the chief enforcer of the Local Government Ethics Law (LGEL)--found that on July 22, 2014 then-Councilwoman Beverly Pranzatelli voted to designate Meridia, LLC as Redeveloper for thirteen lots of property. Among those lots was Block 8, Lot 9.03 which covers 1 East Main Street in the Borough. According to tax records, Lot 9.03 was owned by Anthony and Elizabeth Pranzatelli of Bridgewater who are, according the Notice of Violation, Beverly's husband Anthony's parents. The building at 1 East Main Street also housed Pranzatelli's Audio Outlet LLC. According to Beverly's Financial Disclosure Statement (FDS), her husband Anthony has an interest in that business.<br />
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The LFB determined that Pranzatelli's July 22, 2014 vote violated the LGEL because it "constituted an action in her official capacity in a matter where she had a direct or indirect financial or personal involvement that might reasonably be expected to impair her objectivity or independence of judgment." <br />
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The LFB also informed Pranzatelli of her right to contest the fine by requesting an administrative hearing. The LFB's final decision will not be issued until after Pranzatelli, if she chooses to contest the fine, has had her case heard by an Administrative Law Judge.<br />
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According to her <a href="http://bit.ly/2QhOZ09">2018 FDS</a>, Beverly Pranzatelli presently serves on the Borough's Recreation Commission and Library Advisory Board. Her 2018 FDS also shows that she and her husband Anthony jointly owns real estate at 307 W Main Street and 108 E Maple Street. Her statement also shows that Anthony has a current business interest in both Pranzatelli's Audio Outlet LLC as well as a business called Pranzatelli Properties. Curiously, <a href="http://bit.ly/2E64Ya7">Anthony's 2018 FDS</a> does not disclose an interest in either parcel of real estate or a business interest in Pranzatelli Properties.<br />
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By law, local government officials can be fined between $100 and $500 for each LGEL violations. The <a href="http://bit.ly/2BVjTCx">ethics complaint</a> that resulted in the LFB's determination was filed on July 25, 2014 by John Paff and the New Jersey Libertarian Party.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-56024473865751195322018-10-02T20:35:00.000-04:002018-10-02T20:35:01.035-04:00Burlington judge upholds Eastampton cop's firing.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhLYCE_EXELc4suQtC5qGy8Wd2Vrm1emnblTwGQ3uG1zDDKeIkhHkEt5cwhyWzFWpVC6OLcbBLLlbsgy16YLRcf8_eJ65HgAtOw05afE2zYNEvh99FYHPfd3zitDJ_pZ6FVMg4bluzr9Pk/s1600/Eastampton.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="225" data-original-width="204" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhLYCE_EXELc4suQtC5qGy8Wd2Vrm1emnblTwGQ3uG1zDDKeIkhHkEt5cwhyWzFWpVC6OLcbBLLlbsgy16YLRcf8_eJ65HgAtOw05afE2zYNEvh99FYHPfd3zitDJ_pZ6FVMg4bluzr9Pk/s200/Eastampton.jpg" width="181" /></a></div>
In an August 28, 2018 ruling, Burlington County Superior Court Judge Susan L. Claypoole upheld Eastampton Township's October 23, 2017 decision to fire one of its police officers for being untruthful during an internal affairs investigation.<br />
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According to Judge Claypoole's <a href="http://bit.ly/2yc1HBu">21-page written decision</a>, the Eastampton Police Department's Internal Affairs Unit charged Officer Michael Musser with misusing sick time by calling out sick the day before a scheduled vacation in order to make an early morning airline flight to Florida. He was also charged with failing to notify his supervisors of his "change of confinement," i.e. that he was on his way to Florida and not home during the day he called out sick. These charges were relatively minor and the Eastampton Police Department sought a three-day suspension for the first and a two-day suspension for the second.<br />
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Much more serious, however, was the Department's charge that Musser lied to Internal Affairs investigators about his flight schedule. For this charge, the Department sought Musser's termination.<br />
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Musser pled not guilty to the charges and a hearing was held over three days in 2017 before Township Manager Eric J. Schubiger, who acted as the hearing officer. Internal Affairs investigators argued that Musser had scheduled a flight to Orlando that would leave Philadelphia at 7:05 a.m. on August 8, 2016. Yet, he was scheduled to work from 7 p.m. on August 7, 2016 to 7 a.m. on August 8, 2016. So, according to the Department, Musser called out sick for the night shift to enable him to make his early morning flight. <br />
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Musser, however, claimed that his girlfriend had, in March or April 2016, booked a flight that left Philadelphia at 4 p.m. on August 8, 2016 which would have allowed him enough time to complete his night shift. He said that he called out sick on August 7th because he was in pain from back spasms and that those spasms kept him up most of the night. He stated that at some point on August 7, 2016, his girlfriend called Southwest Airlines to see about an earlier flight since he had already called out sick and was up most of the night in pain. He said that he left for the airport at about 5:30 a.m.<br />
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Internal Affairs officials, however, said that they became suspicious when Musser called out sick the day before a scheduled vacation. At Musser's hearing, a Southwest Airlines employee testified that there was no 4 p.m. flight from Philadelphia to Orlando on August 8, 2017 and that Musser's flight had been booked on August 2, 2016 and that tickets purchased were always for the 7:05 a.m., August 8, 2017 flight. She also testified that Southwest's records show that Musser had the skycap print his boarding pass at 4:41 a.m. which contradicted Musser's claim that he didn't leave for the airport until 5:30 a.m.<br />
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Musser's girlfriend testified that she booked the 4 p.m. flight (a flight which the Southwest representative testified did not exist) through a travel agent and that she printed out the confirmation e-mails for the 4 p.m. flight and deleted the e-mails. She said that she did not have the boarding passes "because she does not keep trash and that [Musser's] e-mail account was hacked so she deleted his account and created a new one after [Musser] was advised by Best Buy to do so." Musser said that he had no record of having taken his laptop to Best Buy because the store "did not take his computer or have any record."<br />
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After hearing the testimony, Hearing Officer Schubiger ruled that Musser "misrepresent[ed] the crucial facts concerning when he booked what flight and why he called out sick. Under these circumstances, and despite the lack of prior discipline for such an offense, the penalty of termination is sustained." Judge Claypool upheld Schubiger's decision and agreed with Schubiger that "the evidence here demonstrates that [Musser] lied when he represented that his August 8, 2016 flight to Orlando was originally scheduled for 4:00 P.M.; he lied when he claimed that the flight was changed after the original booking; and he lied regarding the time of his departure from his home which he claimed was between 5:30 A.M. and 5:45 A.M."<br />
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Judge Claypoole also found that terminating Musser was not too harsh of a penalty because the Attorney General Guidelines and case law establish that "truthfulness goes to the heart of the duties of a police officer."<br />
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My September 29, 2018 request to Musser's attorney, Anthony J. Fusco, Jr. of Passaic, inquiring as to whether he will appeal Judge Claypoole's decision to the Appellate Division, had not been answered as of this article's writing. Musser's lawsuit challenging the lawsuit, which contains several pertinent exhibits including Schubiger's written hearing report, is on-line <a href="http://bit.ly/2zNkyF7">here</a>.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-51451008448212168482018-10-02T15:32:00.000-04:002018-10-02T17:26:48.630-04:00Middlesex Sheriff's Officer charged with 3rd degree theft and insurance fraud.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhnF1rawdzSgEhx7hCBA9SArsL4IRgelCOwFDUiFGZaER9_U64tTBgfSmq5hl9JgFupvh3s9dWtjXrBcnruzIrohwZw8PSip9jUcCDWJ-usXmaHJnAYmaj0btqtUDP3D__6m1P6YTGmX3o/s1600/MiddSheriff.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="300" data-original-width="300" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhnF1rawdzSgEhx7hCBA9SArsL4IRgelCOwFDUiFGZaER9_U64tTBgfSmq5hl9JgFupvh3s9dWtjXrBcnruzIrohwZw8PSip9jUcCDWJ-usXmaHJnAYmaj0btqtUDP3D__6m1P6YTGmX3o/s200/MiddSheriff.jpg" width="200" /></a></div>
In a September 30, 2018 <a href="http://njfog.org/opra">Open Public Records Act (OPRA)</a> request to Middlesex County, Libertarians for Transparent Government, a non-profit I serve as executive director, sought a criminal complaint filed against a County Sheriff's Officer who we heard had been recently charged. In its response, the County provided <a href="http://bit.ly/2zMIVmm">an unsigned, two-count criminal complaint</a> filed by the Somerset County Prosecutor's Office charging the 41-year-old officer with 3rd degree theft by deception and 3rd degree insurance fraud.<br />
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The officer at issue is Miguel A. Figueroa who has worked for the Middlesex Sheriff's Department since June 30, 2008 at a present annual salary of $96,205. According to an <a href="http://bit.ly/2OwgUaT">October 2, 2018 OPRA response</a> from Deputy Middlesex County Counsel Jeanne-Marie Scollo, Figueroa remains employed by the Department.<br />
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According to the complaint, Figueroa, who resides in North Brunswick, "creat[ed] or reinforc[ed] a false impression that [he] had received treatment and services for insurance coverage reimbursement" from Horizon Blue Cross "when in fact he had received not [sic] services" between January 1, 2014 and October 13, 2017. The complaint is undated but was issued under a 2018 docket number suggesting that it was filed this year.<br />
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Figueroa is presumed innocent of these charges unless and until his guilt is proven beyond a reasonable doubt.<br />
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John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-59163312575173184052018-09-25T09:41:00.005-04:002018-09-26T11:33:24.448-04:00State Ethics Board: Swapping appointment votes is ethically OK as long as the one who votes first resigns a few days before the second vote.<div class="separator" style="clear: both; text-align: center;">
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After a three-and-a-half-year investigation, the Local Finance Board (LFB), the primary entity that enforces New Jersey's Local Government Ethics Law (LGEL), ruled that a former Westampton Township (Burlington County) Committeeman did not violate the LGEL by voting to appoint a former Mount Holly Municipal Utilities Authority (MUA) Commissioner to a $90,000 fire chief position two months after the Commissioner had voted to appoint the Committeeman to the MUA's $129,492 executive director post.<br />
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According to <a href="https://njrandomgovt.blogspot.com/2015/02/local-government-ethics-law-complaint.html">my February 11, 2015 ethics complaint</a>, Westampton Committeeman Robert Maybury voted "aye" on December 12, 2014 resolution to appoint Jason Carty as Westampton Township's $90,000-per-year fire chief and EMS director. Carty, who had resigned his MUA Commissioner post two days before Maybury's vote, had on October 9, 2014 voted "aye" on a resolution that appointed Maybury as the MUA's executive director. According to <a href="http://php.app.com/agent/">DataUniverse</a>, the MUA <a href="http://bit.ly/2PZKoem">pays Maybury $129,492 a year</a>.<br />
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In her <a href="http://bit.ly/2pBydcx">September 13, 2018 Notice of Determination</a>, LFB Chairperson Melanie R. Walter wrote that the LFB dismissed my complaint (the New Jersey Libertarian Party joined me in my complaint) for "not having a reasonable factual basis" because "Jason Carty had resigned from his position as MUA Commissioner prior to [Maybury's] vote for him to be Fire Chief and EMS Director of Westampton Township."<br />
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Accordingly, it is ethically permissible for Maybury and Carty to both act in their official capacities to appoint each other to paid public jobs provided that Carty had the foresight to resign a few days prior to Maybury's vote. In my complaint I wrote that "[i]f the Board determines that Carty's eleventh hour resignation from the MUA immunizes [Maybury] from what would have been an ethics violation had he not resigned, such a ruling would hopefully prod the legislature to consider strengthening the LGEL to close up this and other loopholes."<br />
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According to the <a href="https://www.mhmua.com/">MUA's website</a>, Maybury still serves as its executive director. In <a href="http://bit.ly/2ON2hg7">a federal lawsuit</a>, Carty claimed that Westampton improperly eliminated his position and terminated him in April 2016.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-35215520934348764892018-08-30T13:00:00.001-04:002018-08-31T23:31:00.338-04:00Appeals court invalidates Somerville attorney's fee agreement with LAD client <div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhO_Th90lbNkqvL-WfjmXRVGpK3wxl9YiDeF4Mba2Vy839EN4GSWTCUPNVJ5rxI772OXYz6QHfU3JeCzVzapOsKf6NCnxkXTHcgYQJv9jLAHdSBfW7ecwU8o4IEmqGzD7L8VLFGi81Wjqw/s1600/one-69528_640.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="426" data-original-width="640" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhO_Th90lbNkqvL-WfjmXRVGpK3wxl9YiDeF4Mba2Vy839EN4GSWTCUPNVJ5rxI772OXYz6QHfU3JeCzVzapOsKf6NCnxkXTHcgYQJv9jLAHdSBfW7ecwU8o4IEmqGzD7L8VLFGi81Wjqw/s200/one-69528_640.jpg" width="200" /></a></div>
A three-judge Appellate Division panel, in a published and thus precedential ruling, today invalidated a fee agreement between a Law Against Discrimination client and Somerville attorney Brian M. Cige. According to <a href="http://bit.ly/2LHv5Er">the opinion</a>, Cige's fee agreement required his client to pay the greater of the following three calculations: a) Cige's hourly rate of $475 for hours worked on the case, b) 37.5% of the net recovery or c) statutory fees awarded by the court or by way of settlement. In addition, the client was required to pay all costs and expenses.<br />
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According to the opinion, Cige billed his client $286,746.67 after she terminated his services and the client filed a declaratory judgment action to have the fee agreement ruled unenforceable.<br />
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The panel found that Cige "failed to discharge his ethical obligation" to fully inform the client of the ramifications of such a fee agreement--namely "that if the case becomes complex and protracted, the hourly rate-based fee the client is responsible to pay can approach or even exceed his or her recovery." The panel also found that Cige did not inform the client of his costs, including what trial court Judge Yolanda Ciccone found to be an "egregious" charge of $1 for each e-mail Cige sent or received. One of Cige's invoices included a $1,700 charge for e-mails, according to the opinion.<br />
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The opinion, which is 32-pages long, should be required reading for anyone who is going to engage an attorney in what could turn out to be protracted litigation. The opinion also sets forth fee disclosure requirements for other attorney who are taking on Law Against Discrimination cases.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-67374626180324641412018-08-08T13:22:00.000-04:002018-08-08T13:24:24.502-04:00Camden Corrections sergeant indicted for sex assault against female officer, pled guilty to petty disorderly persons offense and retained $43,250 annual pension.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiNwRgtTsnSvYCC8di_8wSpNpNN2ntq9DCjQeK8QrG1OrOQJq9wUW77Ema_FcwP3DB354xxmpENFc9MZcldUl4VG7PaouAjESx9f15sX9c9mKLqaVmaeMLEvRPXBhDKWMUc2QtLE7n4Hgw/s1600/CamdenDOC.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="500" data-original-width="417" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiNwRgtTsnSvYCC8di_8wSpNpNN2ntq9DCjQeK8QrG1OrOQJq9wUW77Ema_FcwP3DB354xxmpENFc9MZcldUl4VG7PaouAjESx9f15sX9c9mKLqaVmaeMLEvRPXBhDKWMUc2QtLE7n4Hgw/s200/CamdenDOC.jpg" width="166" /></a></div>
According to an <a href="http://bit.ly/2AZc2Fs">undated Camden County indictment</a> that appears to have been handed down in 2017, a sergeant with the Camden County Department of Corrections was charged with Fourth Degree Criminal Sexual Contact and Second Degree Official Misconduct for "committing an act of sexual contact upon another Camden County Corrections Officer . . . while on duty, specifically by touching [her] vagina over her clothing." The incident occurred on October 5, 2016 and the female officer, identified in the indictment only by her initials, was 23 years old at the time.<br />
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On January 3, 2017, police filed <a href="http://bit.ly/2vNNA47">another complaint</a> against the sergeant, identified in the indictment as Joseph N. Antrilli, charging him with the petty disorderly persons offense of harassment. According to the second page of the harassment complaint, Camden County Superior Court Judge Kathleen M. Delaney accepted Antrilli's guilty plea to the harassment charge on July 24, 2017 and assessed a fine of <a href="http://bit.ly/2ORIyfR">zero dollars</a> plus $164 in court costs and mandatory assessments. Judge Delaney also dismissed the indictment, ordered Antrilli to have no contact with the victim and required Antrilli to forfeit his employment with the Camden County Department of Corrections and <a href="http://bit.ly/2MeeH2y">forever disqualified him</a> "from holding any office or position of honor, trust or profit" in New Jersey or any of its administrative or political subdivisions.<br />
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Finally, Judge Delaney sentenced Antrilli to a one-year term of probation but ruled that "probation may terminate" upon Antrilli's payment of the $164 assessment. In an August 8, 2018 <a href="http://njfog.org/opra/">Open Public Records Act (OPRA)</a> response, the Camden County Prosecutor's office <a href="http://bit.ly/2ORIyfR">claimed that it had no records</a> on file indicating whether or not Antrilli received an early discharge from his probation.<br />
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Antrilli's offense came to the attention of the Police and Firemen's Retirement System (PFRS) and was considered by the pension board at its March 12, 2018 meeting. According to <a href="http://bit.ly/2KDRlP5">the minutes of that meeting</a>, Antrilli's "misconduct was directly related to his duties as a County Sergeant and his misconduct reflected a high degree of moral turpitude." The pension board ultimately imposed a partial forfeiture of his service time but still left him with 20 years of honorable service which entitled him to a service retirement pension. A subsequent OPRA request to the pension board disclosed that Antrilli is currently receiving a <a href="http://bit.ly/2vLVT0s">monthly pension of $3,604.77</a> which calculates to $43,257.24 per year.<br />
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John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-2123514208453674512018-07-24T16:16:00.002-04:002018-07-24T16:16:48.058-04:00Arbitrator awards Penns Grove patrolman $131K <div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg91bcejtjICgUAMXNEKPW70HFyXdMy6vcREdo4er8rPbYD-4pWsNBUuVYBOHACDFQqlSQrJ2P32p0PmLeO95FzY8Cae0Zb5F-q_AuNW-uVfVtaORsJsEyyKiBKPXQj85SoLR4rc07BZds/s1600/icon-1302201__180.png" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="181" data-original-width="185" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg91bcejtjICgUAMXNEKPW70HFyXdMy6vcREdo4er8rPbYD-4pWsNBUuVYBOHACDFQqlSQrJ2P32p0PmLeO95FzY8Cae0Zb5F-q_AuNW-uVfVtaORsJsEyyKiBKPXQj85SoLR4rc07BZds/s1600/icon-1302201__180.png" /></a></div>
A <a href="http://bit.ly/2LhgDI5">July 16, 2018 order</a> signed by Salem County Superior Court Judge Jean S. Chetney affirmed an arbitrator's <a href="http://bit.ly/2mEYtkH">May 9, 2018 award</a> of $120,000 plus $11,169.99 in interest in favor of a Penns Grove patrolman, but <a href="http://bit.ly/2LLZen3">a deficiency notice</a> issued by the court complains that Judge Chetney's order is deficient because it "does not state as to whom the Judgment is entered against."<br />
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The award arose out of <a href="http://bit.ly/2LFitSe">a 2016 lawsuit</a> filed by Patrolman George Manganaro against the Borough of Penns Grove, the Penns Grove-Carneys Point Regional School District, Mayor John A. Washington, fromer Board of Education member Walter Hudson and former Council member Jeanette R. Jackson. In his lawsuit, Manganaro claimed that Hudson, Jackson and Washington "attacked and assaulted" him at Penns Grove Middle School on July 10, 2014. According to <a href="https://www.nj.com/salem/index.ssf/2015/07/probation_sentence_for_community_activists_attack.html">a July 13, 2015 news article</a>, Manganaro was at a middle school basketball game to investigate underage drinking when Hudson allegedly confronted him and twice threw him to the floor of the gym. According to the article, Hudson was sentenced to three years probation as a result of a plea deal that resolved the charges brought against him.<br />
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The <a href="http://bit.ly/2mEYtkH">arbitrator's handwritten report</a> noted that "Walter Hudson, individually" is 100% liable for the "pain and suffering" that Manganaro claimed to have experienced. Also, <a href="http://bit.ly/2JR4L9S">a series of summary judgment orders</a> show that the borough, the school district, Washington and Jackson were dismissed from the suit and that all counter-claims and cross-claims against Manganaro were also dismissed. Accordingly, it appears that Hudson is the only party against whom judgment could have been entered.<br />
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The arbitrator's report also noted that the $120,000 award "includes repayment of WC (workers compensation) lien of $48,500."<br />
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As a separate matter, according to <a href="http://www.philly.com/philly/news/new_jersey/penns-grove-n-j-cop-arrested-after-allegedly-kicking-handcuffed-suspect-in-the-face-20171129.html">a November 29, 2017 Philadelphia Inquirer article</a>, Manganaro was suspended from the department after having been charged with aggravated assault for allegedly “kicking an individual in the face while handcuffed.” John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-65310084253590297702018-07-24T13:56:00.000-04:002018-07-24T13:56:17.732-04:00New Jersey Appeals Court: FERPA allows police to get a student's parent's identifying information from school records without a warrant or parental consent.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjoeeLac9ZfD7pUsVnq5LY0dSQVH7zLHos3zd5lFx4HTG88P8SdB9X3873zy19x7Un8Lg3ZffoYpvJQyd7iCnoqaREY-6UZT4-BWjB0lgibfzwjMnDr26Zam5svNP9KSIIU_Vcmnx9RpDM/s1600/justice-914230_640.png" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="632" data-original-width="640" height="197" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjoeeLac9ZfD7pUsVnq5LY0dSQVH7zLHos3zd5lFx4HTG88P8SdB9X3873zy19x7Un8Lg3ZffoYpvJQyd7iCnoqaREY-6UZT4-BWjB0lgibfzwjMnDr26Zam5svNP9KSIIU_Vcmnx9RpDM/s200/justice-914230_640.png" width="200" /></a></div>
Police asked a woman for the name of her children's father who police suspected was a burglar. The woman refused to divulge father's identity but detectives, during questioning, noticed a young child in the woman's household. Detectives then canvassed local schools and a school principal, who knew the child and the mother, consulted school records and gave detectives the father's identity. Police, who arrested the father shortly thereafter, had neither a warrant nor either parent's consent to obtain the father's identity from the school's records.<br />
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The father moved to suppress, arguing that he had a reasonable expectation of privacy in his personally identifiable information contained in his child's records based on the Family Educational Rights and Privacy Act (FERPA) and the New Jersey Pupil Records Act (NJPRA). The trial court disagreed and in today's unpublished decision in <a href="http://bit.ly/2Lm5LbG">State v. J.S.G., Docket No. A-4665-14T4</a>, a three-judge Appellate Division panel affirmed. <br />
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First, the panel held that the father's name was not "directory information" (which is excluded from FERPA's protections) and held that parental consent was required before the disclosure of father's name under FERPA. The panel, however, held that FERPA is merely a funding statute with no mechanism to enforce an improper disclosure. Since a person has no enforceable rights under FERPA, the panel reasoned that "it logically follows that a person would also have no enforceable Fourth Amendment right for a school's improper disclosure of the name of a student's parent contained school records."<br />
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Under the NJPRA, the panel found that the father's identity was similar enough to the type of information contained within the school's "student information directory." "We conclude that the NJPRA does not create an objectively reasonable expectation of privacy in student records recognized by the Fourth Amendment or Article 1, paragraph 7 of the New Jersey Constitution. Accordingly, defendant had no reasonable expectation of privacy in his children's school records, including the paternity information contained therein, and was not entitled to suppression of his name," the panel wrote.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-10655418976457740002018-07-10T13:45:00.000-04:002018-07-10T23:53:35.487-04:00Judge orders NJ municipality to pay for employee's medical marijuana.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhTqqj5Y7o6IUwf2NPBx-YZgmAOSR5n3kRqgbHGo60msozVCD4QXdHNyyJR_ialIkzs_KIrlnNZwzGzaJIo9eTeQBdfiw1NR2EbauqI4nLc_26-uaKUkP1FPTo40tL2XYXtMVZ5l899ECo/s1600/addict-1032371_640.png" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="640" data-original-width="640" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhTqqj5Y7o6IUwf2NPBx-YZgmAOSR5n3kRqgbHGo60msozVCD4QXdHNyyJR_ialIkzs_KIrlnNZwzGzaJIo9eTeQBdfiw1NR2EbauqI4nLc_26-uaKUkP1FPTo40tL2XYXtMVZ5l899ECo/s200/addict-1032371_640.png" width="200" /></a></div>
Citing a need to stop "killing people" by forcing injured people to take opioids for their pain, a New Jersey Workers' Compensation Judge ordered Freehold Township (Monmouth County) to pay for a municipal employee's medical marijuana.<br />
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According to <a href="http://bit.ly/2L5yJIQ"><span id="goog_1453873138"></span>a transcript of a June 28, 2018 hearing<span id="goog_1453873139"></span></a> before Workers' Compensation Judge Lionel Simon, Freehold Township employee Steven McNeary filed an application to compel the Township to pay for medical marijuana used to treat his muscular spasticity. Both the Township's and its insurer's attorneys, James Supple and Christine Shea, respectively, agreed that McNeary had fully complied with the state's Compassionate Use Medical Marijuana Act and was eligible to receive medical marijuana.<br />
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At issue was whether marijuana' illegality under the federal Controlled Substance Act precluded Judge Simon from using New Jersey's Medical Marijuana Act as a predicate for compelling Freehold to pay for McNeary's medical marijuana. During the hearing, Judge Simon referred to the Maine Supreme Court's June 14, 2018 ruling in <a href="http://bit.ly/2NFwb5Z">Bourgoin v. Twin Rivers Paper Co., Docket No. WCB-16-433 (2018 WL 2976309) </a>which held, in a 5 to 2 decision, that federal law controlled and that any employer who paid for an employee's medical marijuana would be "aiding and abetting" a violation of federal law.<br />
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Accordingly, the Maine court ruled that Maine's Medical Use of Marijuana Act "cannot create a state right to commit a federal crime" and therefore cannot compel an employer to pay for an employee's medical marijuana. McNeary's attorney, <a href="http://weisslawyersnj.com/">Leonard D. Weiss of Metuchen</a>, argued that New Jersey's Compassionate Use Medical Marijuana Act provides that "[s]tates are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law; therefore, compliance with this act does not put the State of New Jersey in violation of federal law." Judge Simon rejected Weiss' argument, stating that "I don't buy that argument. . . I don't think that any New Jersey statute can say that [it] supersedes federal law."<br />
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Judge Simon, a former prosecutor, stated that while he is in full support of federal and state narcotics laws he didn't believe "in [his] heart of hearts" that an employer or its insurer who reimburses an employee for medical marijuana "is in any way complicit with the distribution of illicit narcotics." Judge Simon also noted that McNeary had "a documented medical need" for medical marijuana and expressed concern that he might become addicted to opioids if he did not received medical marijuana. "Quite frankly, this Court is very aware of the . . . the explosion of these narcotics on the streets in the United States in the last decade, the tremendous amounts of death and addiction that are associated with these opioids. If there's anything criminal here, it's how these drugs have been force fed to injured people creating addicts."<br />
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Judge Simon went on to state that "I believe, and I think the science supports this, is that medical marijuana is safer, it's less addictive, it is better for the treatment of pain. It is better for, in this particular case, the muscular spasticity which Mr. McNeary suffers from. The long-term prognosis is better and, quite frankly, it is cheaper for the carriers. I think it's the right thing to do and I feel no moral or legal hesitancy in that."<br />
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Judge Simon said that he would "welcome" New Jersey's Appellate Division or Supreme Court to weigh in on this issue and recognized that he would be bound by those higher courts' rulings. "I simply think it's the right thing to do. And, again, I welcome a reviewing court to tell me I'm right or I'm wrong," he stated. In the meantime, however, he believed that "it's time for us, as the Division, of Compensation, to try to get away from these opioids which are killing people and I don't say that lightly. They are killing people."John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-81585798125249596462018-06-22T07:49:00.002-04:002018-06-22T07:49:49.639-04:00Burlington County mayor cited for ethics violations.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg07obqUummzbtd_7LtEGc3DraUYQyEZN4F9bEM_WkDOXRw_CH1C6YwAgd-k39NSDwT_9p_KRERhyphenhyphenUxLlrFBL0Av1hyphenhyphenBAQieyMpZPkMGKUKPU6hPjxmJW0IAHVtFkZT2l8IGpE79-BqmUA/s1600/Delran.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="135" data-original-width="192" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg07obqUummzbtd_7LtEGc3DraUYQyEZN4F9bEM_WkDOXRw_CH1C6YwAgd-k39NSDwT_9p_KRERhyphenhyphenUxLlrFBL0Av1hyphenhyphenBAQieyMpZPkMGKUKPU6hPjxmJW0IAHVtFkZT2l8IGpE79-BqmUA/s1600/Delran.jpg" /></a></div>
After a nearly four year investigation, the sitting mayor of a Burlington County municipality was fined $200 by the New Jersey Local Finance Board (LFB) for having twice violated the Local Government Ethics Law (LGEL). The fines arose out of the mayor's connection to a Political Action Committee that operated out of the law office of the Township's attorney.<br />
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In its <a href="http://bit.ly/2K974GB">June 14, 2018 Notice of Violation</a>, the Local Finance Board--the chief enforcer of the LGEL--found that during 2014 Delran Township Mayor Ken Paris was employed by and received monetary compensation from the Initiate Civil Empowerment Political Action Committee (ICE PAC) while Douglas Long, who was law partners with ICE PAC treasurer Albert Marmero, served as Delran's municipal attorney. The Notice of Violation noted that Paris nominated Long to be Delran's attorney.<br />
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The LFB determined that Paris, who was "being paid by the ICE PAC while the township solicitor was partners in a law firm with the treasurer of the ICE PAC" engaged "in a business, transaction, or professional activity which is in substantial conflict with the proper discharge of his duties in the public interest." In a related matter, the LFB determined that Paris committed another violation of the LGEL by failing to report the $5,200 he received from the ICE PAC on his 2015 Financial Disclosure Statement.<br />
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The LFB assessed a $100 fine for each violation, for a total of $200, and informed Mayor Paris of his right to contest the findings and the fines by requesting an administrative hearing. The LFB's final decision will not be issued until after Mayor Paris, if he chooses to contest the findings and the fines, has had his case heard by an Administrative Law Judge.<br />
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By law, local government officials can be fined between $100 and $500 for each LGEL violations. The <a href="http://bit.ly/2KbBRpm">ethics complaint</a> that resulted in the LFB's determination was filed on September 18, 2014 by John Paff and the New Jersey Libertarian Party.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-51288493833293523262018-06-10T12:36:00.001-04:002018-06-10T12:36:14.573-04:00Atlantic County woman seeks $144,387.46 under Mistaken Imprisonment Act.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj5ZLmjTM8I9FOfSk25lbsh3IGys8cdAFd6WyFDPUJhoHv1LHx0pZCLdwczyz5sjtfmetrixO8lFoX7oW9vd5hvuQ1Scn-Z6rIf3j8BeCoopwupSKjgI7KH4FDBBJB5RGbhVJDbHZRXvso/s1600/Cumberland_Prosecutor.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="289" data-original-width="288" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj5ZLmjTM8I9FOfSk25lbsh3IGys8cdAFd6WyFDPUJhoHv1LHx0pZCLdwczyz5sjtfmetrixO8lFoX7oW9vd5hvuQ1Scn-Z6rIf3j8BeCoopwupSKjgI7KH4FDBBJB5RGbhVJDbHZRXvso/s200/Cumberland_Prosecutor.jpg" width="199" /></a></div>
On April 30, 2018, an Atlantic County woman filed <a href="http://bit.ly/2JB0w3j">a lawsuit</a> against the State of New Jersey claiming that she "is an innocent person who was wrongly imprisoned" for 1,054 days for a crime she did not commit. She is seeking compensation for the 1,054 days she spent in jail at the $50,000 per year rate prescribed by the Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 et seq.<br />
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In her lawsuit, Domonique Hines of Folsom asserted that on April 1, 2014 she was convicted by a Cumberland County jury of conspiracy to commit robbery in the second degree and was sentenced to six years in prison with a requirement that she serve eighty-five percent of the sentence before being eligible for parole. In a <a href="http://bit.ly/2HDFMpx">February 13, 2017 opinion</a>, a three-judge panel of the New Jersey Superior Court, Appellate Division reversed her conviction because she was deprived of a trial separate from her co-defendant and because of improper testimony by police. Hines stated in her lawsuit that all charges against her were dismissed on October 17, 2017.<br />
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The judge who presided over the trial was Cumberland County Superior Court Judge Cristen D'Arrigo. The case was covered extensively by local media (<a href="http://www.nj.com/cumberland/index.ssf/2013/10/pittsgrove_man_convicted_of_conspiracy_to_commit_armed_robbery_with_vineland_woman_facing_20_years_i.html">here</a>, <a href="http://www.nj.com/cumberland/index.ssf/2013/12/pittsgrove_man_convicted_for_2007_attempted_armed_robbery_in_vineland_sentence_to_16_years_in_prison.html">here</a> and <a href="http://www.nj.com/cumberland/index.ssf/2017/02/convictions_of_2_in_cumberland_robbery_scheme_thro.html">here</a>). <br />
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Hines, who is currently 29 years old but was 19 at the time of the alleged robbery in December 2007, is being represented in her civil action by Robert N. Agre of Haddonfield. In addition to the $144,387.46, Hines is also seeking reimbursement of her court costs and Agre's attorney fees.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-65967933891091916592018-05-30T16:55:00.000-04:002018-05-30T16:55:45.983-04:00Monmouth Judge grants Sea Bright's summary judgment motion in police excessive force case because plaintiff's lawyers were too "occupied and distracted" to properly oppose it.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgaf9w0cvCmIeBQz6L1IAZ8TxoRa2Q3hNrELI4POTV3LUIYEuTDgpPRqm1dNmKKFikG0gjZnuTAx3SCFd0b1QtIcnZHnidf2OenfoS0_2-V_zRfv3g75saSlwIm8GeU6L0sxfuX1JEW5RY/s1600/SEABRIGHT.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="102" data-original-width="278" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgaf9w0cvCmIeBQz6L1IAZ8TxoRa2Q3hNrELI4POTV3LUIYEuTDgpPRqm1dNmKKFikG0gjZnuTAx3SCFd0b1QtIcnZHnidf2OenfoS0_2-V_zRfv3g75saSlwIm8GeU6L0sxfuX1JEW5RY/s1600/SEABRIGHT.jpg" /></a></div>
In his <a href="http://bit.ly/2snmz5X">August 19, 2015 lawsuit</a>, a Lincroft man claimed that Sea Bright Borough (Monmouth County) police officers severely beat him after taking him into custody following his August 13, 2013 arrest for assault on a police officer, disorderly conduct and resisting arrest. In a May 25, 2018 Order, Monmouth County Superior Court Judge Dennis R. O'Brien dismissed the man's lawsuit because his lawyers did not properly respond to the Borough's summary judgment motion.<br />
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According to his lawsuit, Brian Beyer offered no resistance to the Sea Bright officers who responded after Beyer and another man were "engaged in a verbal altercation" at the Driftwood Cabana Club. Beyer claimed that after being placed in a holding cell, Officers Chad Murphy and Brian T. Conover stuck a "billy club" into his abdomen and used it "in a careful, methodical way" to cause "serious injury." According to Beyer's complaint, the officers placed the club "below his stardom [sic - probably intended "sternum"] and struck it at the other end with an open fist with such force and for such an extended period" to cause serious injury.<br />
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The Sea Bright Police Department had a different recollection of the incident as reflected in a <a href="http://bit.ly/2JkZHym">Statement of Facts</a> that accompanied the Borough's April 13, 2018 Motion for Summary Judgment. According to police, Beyer instigated the altercation with a club patron and the shouted obscenities at police and physically resisted when the officers were attempting to handcuff him. At the holding cell, Beyer reportedly "continued to act extremely belligerent by kicking the cell door and screaming profanities." Sea Bright Police also claimed that they "do not carry 'billy clubs' or any similar mechanical weapons."<br />
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In this case--like most others--there are stark differences between the arrestee's and the officers' versions of events. Courts use summary judgment motions to identify which facts are genuinely in dispute and need to be resolved by a jury. In this case, Sea Bright's lawyer, Charles J. Uliano of West Long Branch, claimed in his summary judgment motion that Sea Bright's version of events was unassailable and should lead the court to conclude that Beyer's lawsuit should be dismissed.<br />
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Sea Bright's motion, which was filed on April 13, 2018, was supposed to be heard by Judge O'Brien on May 11, 2018. Beyer's lawyer, Michael T. Warshaw of Redbank, requested and was granted an adjournment of the hearing until May 25, 2018. Then, at 4:06 p.m. on May 24, 2018--the day before the hearing--Warshaw electronically submitted <a href="http://bit.ly/2LEae6a">a single-page letter</a> to Judge O'Brien that stated: "Please accept this letter an an opposition to [Sea Bright's] motion for Summary Judgment. Between myself and co-counsel, we were very occupied and distracted and the opposition got away from us. There are too many disputed issues of material facts and we would like the opportunity to oppose the motion."<br />
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In a <a href="http://bit.ly/2LJ4bgH">Statement of Reasons</a> that accompanied his May 25, 2018 Order, Judge O'Brien ruled that Warshaw's May 24, 2018 letter was too little too late. Judge O'Brien noted that procedural rules require parties who oppose summary judgment motions to provide detailed responses that admit or deny each statement of fact as set forth by the movant. Judge O'Brien wrote that Warshaw's letter was "insufficient" and "falls far short of" the court's procedural rules. While he was "sympathetic to the demands of the modern day practice of law," Judge O'Brien wrote that Warshaw's failure to properly oppose Sea Bright's motion was "inexplicable, especially when the offending party requested and was granted an adjournment." Judge O'Brien considered Sea Bright's motion as unopposed and granted its motion to dismiss Beyer's lawsuit.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-85431588670562321202018-05-13T11:40:00.000-04:002018-05-13T11:40:34.759-04:00No charges against cop who threw an off-duty hissy fit at local bar and exposed his weapon to bar patrons.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiDvJ3u_0vDwezLWZMgs1vqqccu7jJLmGqtu4KR89Y04sEOAoaPXOeieYe-DE9Km-0U7_B01hHRmaVbCWp3rVITFwDmZw0cCt546Qt3IU7jMonDi1LIrUhbUR8PFPC_YoCoAdvwiaHXixg/s1600/Eastampton.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="225" data-original-width="204" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiDvJ3u_0vDwezLWZMgs1vqqccu7jJLmGqtu4KR89Y04sEOAoaPXOeieYe-DE9Km-0U7_B01hHRmaVbCWp3rVITFwDmZw0cCt546Qt3IU7jMonDi1LIrUhbUR8PFPC_YoCoAdvwiaHXixg/s200/Eastampton.jpg" width="181" /></a></div>
According to a police incident report, an off-duty police officer was harassing customers in a Medford Lakes pub at about 11 p.m. on February 27, 2014 and pulled up his shirt to show bar patrons a gun in his waistband. The off-duty officer was not charged with a crime. According to <a href="http://bit.ly/2rDV3Rj">a May 2, 2018 memo from the officer's police chief</a>, "the matter was handled administratively."<br />
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Medford Lakes Police responded to PJ Whelihan's Pub in response to a complaint that an off-duty Eastampton Township (Burlington County) police officer was yelling at and harassing customers. According to <a href="http://bit.ly/2KZ3q2S">the incident report</a>, Officer Michael Mulhern, who has been employed by the Eastampton PD since June 3, 2011 and who presently receives an $89,499 annual salary, confronted two of his Shawnee High School classmates with whom he played football. When he learned that the pair had been "doing nothing" since graduating, he reportedly "became irate" and said that "he served three tours of duty in Iraq fighting for their freedom." <br />
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After learning that Mulhern was a police officer, his former classmates asked him if he was a member of the Medford Police Department. Mulhern reportedly replied that he was not a "pussy ass" Medford cop and pulled up his shirt to show a gun in his waistband. According to the report, he later exposed his gun to two female patrons. Mulhern had left the pub by the time police arrived.<br />
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Eastampton declined to say what punishment, if any, was imposed on Mulhern. However, <a href="http://bit.ly/2KeVqcU">a Public Synopsis of Disciplinary Action</a> (all New Jersey police departments are required to maintain a public synopsis by <a href="http://www.nj.gov/oag/dcj/agguide/internalaffairs2000v1_2.pdf">Attorney General guidelines</a>), shows that Eastampton suspended one officer for 15 days in 2014. While that officer is likely to have been Mulhern, there is no way of confirming this due to the confidentiality of Internal Affairs investigations and outcomes.<br />
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Eastampton's <a href="http://bit.ly/2rFt2cQ">Internal Affairs Summary Reports</a> from for 2014 though 2017 (another public record required by Attorney General guidelines) show that three investigations were opened during 2014 for "other criminal violations" charged against Eastampton officers. One of those investigations resulted in "internal disciplinary action" in 2014, one was determined to be "unfounded" in 2014 and one still remained open as of the end of 2017 and is probably still open as of the date of this writing. The reports are flawed because the "cases pending" in the last column of the 2016 report do not correspond to the "cases pending from prior years" listed in the first column of the 2017 report. Accordingly, readers are cautioned against relying on the accuracy of these reports.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-79128640800799392972018-05-01T17:10:00.004-04:002018-10-06T09:12:31.614-04:00Judge mulls dismissing Sparta Councilman's lawsuit that claims an "organized conspiracy" by Sparta Police to set him up for DWI arrest.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiaR5IaQjT7LMB7C4UWIIptUyaOe64uvID_SkWKV6JC3PtC31LzOcZ2P4wiuhE7HItiQm1G4vcShR0pTPu2lJK2Hz9We3oc4iHq-znN0q4ONMchx8NPZbtNJ6Anil-oWgaa8S0Mi2GDu5k/s1600/20799010_1935374423400867_1416866001412975223_n.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="200" data-original-width="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiaR5IaQjT7LMB7C4UWIIptUyaOe64uvID_SkWKV6JC3PtC31LzOcZ2P4wiuhE7HItiQm1G4vcShR0pTPu2lJK2Hz9We3oc4iHq-znN0q4ONMchx8NPZbtNJ6Anil-oWgaa8S0Mi2GDu5k/s1600/20799010_1935374423400867_1416866001412975223_n.jpg" /></a></div>
<b>Update-October 6, 2018:</b> In his <a href="http://bit.ly/2PegSS0">September 19, 2018 order and statement of reasons</a>, Judge Weaver denied the Township's motion to dismiss Murphy's claims, as alleged in his <a href="http://bit.ly/2O7jsNj">May 18, 2018 amended complaint</a>, under the New Jersey Constitution, malicious prosecution and false arrest but granted the motion to dismiss Murphy's claim under the federal constitution. In a <a href="http://bit.ly/2y3UjJ9">July 16, 2018 order</a>, United States District Judge Jose L. Linares found that the federal court lacked original subject matter jurisdiction and remanded the matter to state court.<br />
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On April 27, 2018, Superior Court Judge David J. Weaver heard oral argument on Sparta Township's motion to dismiss a lawsuit filed on February 9, 2018 by a sitting member of the Sparta Township Council who claimed that Township Police conspired to set him up for a drunk driving arrest. According to the court's on-line docket, the matter is "pending" as a decision on the motion has not yet been rendered by Judge Weaver.<br />
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In <a href="http://bit.ly/2reNujV">his lawsuit</a>, Sparta Councilman Jerard J. Murphy claimed that a former member of the Sparta Police Department acted as "an informant" who was planted at the St. Moritz restaurant to text Officer Richard Smith when Murphy left the establishment on February 12, 2016. Upon receipt of the text, Smith showed it to Officer Daniel Elig who left a Panera Bread store to "position himself behind [Murphy's] vehicle" and pull him over, according to the court filing. Murphy claimed in his suit that Elig lied in his police report by saying that he was "monitoring traffic in both directions with radar" when he detected Murphy speeding. According to Murphy, Elig was at the Panera Bread and not monitoring traffic with radar.<br />
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Murphy claimed that he had previously voted to furlough Elig which was the motivation behind the "organized conspiracy." Murphy claimed that the DWI charge as well as a speeding, lane change and careless driving ticket against him were ultimately dismissed by the court and that he pled guilty only to a license plate violation. Murphy's claim that the bulk of the charges were dismissed is supported by a <a href="http://www.njherald.com/20180201/motor-vehicle-charges-against-sparta-councilman-dropped#//">February 1, 2018 article</a> in the New Jersey Herald. Murphy is being represented in the matter by George T. Daggett of Sparta.<br />
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In a <a href="http://bit.ly/2HHslWr">legal brief</a> filed on April 9, 2018, the attorney representing the Sparta Police, Brent R. Pohlman, argued that Murphy's lawsuit should be dismissed because it does adequately allege violations of the New Jersey Civil Rights Act or the New Jersey Constitution.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-44656395582975558692018-04-23T14:41:00.000-04:002018-04-23T18:21:33.337-04:00Truck driver sues County for racial discrimination. Same driver received $6,000 settlement in 2015.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjv0GZ55x-EWVUKu_eSWOhiKD3TLNzd4QLhU8b6iSySyL6WqVUthBbv2wYGT0aKDXEVmtV4LjfjWhbHGQNUmcV7xxOr9iIBhTiYf_CUeV-_EuJ56q_DjAiZcq0SgkToxlGLtZzNvuO4dVw/s1600/images+%25287%2529.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="221" data-original-width="228" height="193" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjv0GZ55x-EWVUKu_eSWOhiKD3TLNzd4QLhU8b6iSySyL6WqVUthBbv2wYGT0aKDXEVmtV4LjfjWhbHGQNUmcV7xxOr9iIBhTiYf_CUeV-_EuJ56q_DjAiZcq0SgkToxlGLtZzNvuO4dVw/s200/images+%25287%2529.jpg" width="200" /></a></div>
On February 7, 2018, a truck driver employed by Salem County filed a lawsuit against the county claiming that he was called a "n****r" and "compared to primates." He also claimed that his superiors retaliated against for being injured on the job by subjecting him "to a barrage of false or frivolous write-ups."<br />
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In <a href="http://bit.ly/2vce4PZ">his lawsuit</a>, Grady Butts, who has worked for the county since 1997, claimed that the racial harassment started in 2013. In 2014, after internal complaints did not abate the alleged harassment, Butts filed a verified complaint with the the New Jersey Division on Civil Rights (NJDRC). In his <a href="http://bit.ly/2KadB48">NJDCR complaint</a>, Butts claimed that co-worker Sean Eastlack referred to him and another black employee as "primates" and called him a "n****r." Butts said that his complaints to supervisors fell on deaf ears and that he "received an unpaid suspension for insubordination and abandonment on December 3, 2014" in retaliation for his complaints. The NJDCR matter was resolved on June 12, 2015 by a settlement in which Salem County paid Butts $6,000 and "agreed to expunge all discipline from [Butts'] personnel file."<br />
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In his recent lawsuit, Butts claimed that in 2014 he suffered two on-the-job injuries that caused his physician to order him to be placed on restricted work duties. He claimed that in retaliation for seeking modified duties, his supervisors falsely accused him of insubordination and suspended him. He also claimed that he was written up for frivolous reasons, forced to perform heavy lifting despite his doctor's orders and was again called a "n****r" and compared to primates.<br />
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On April 19, 2018, the county filed <a href="http://bit.ly/2HoYiD0">an answer</a> to Butts' complaint which denied Butts' allegations and claimed, among other things, that Butts "welcomed and/or participated in the conduct of which he or she now complains."<br />
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Butts' lawyers are Gregg L. Zeff and Eva C. Zelson of Mount Laurel and the County of Salem is represented by Allan E. Richardson of Mullica Hill. Butts' lawsuit, like all lawsuits, is comprised of allegations. Nothing has been proven and the burden of proof is upon Butts.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-79879713950396213602018-04-17T09:11:00.000-04:002018-04-18T12:30:56.427-04:00Former Vineland High student suing school district because maintenance worker allegedly hugged and kissed her and expressed his love for her.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhWn5_e8Rwm4mvResMaLSnXFwoK116bSt4ZG_3P4TIvxQ1pCuV7M1Qb2wa1YnkvkSSsH4R0Cz-AuAJ-DORIHi7I0p4FsErquEuUf0Wg6d2eK988T5mmQ3IrYrjHWN_Gse0FnzU6rgjQul0/s1600/images+%25286%2529.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="261" data-original-width="193" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhWn5_e8Rwm4mvResMaLSnXFwoK116bSt4ZG_3P4TIvxQ1pCuV7M1Qb2wa1YnkvkSSsH4R0Cz-AuAJ-DORIHi7I0p4FsErquEuUf0Wg6d2eK988T5mmQ3IrYrjHWN_Gse0FnzU6rgjQul0/s200/images+%25286%2529.jpg" width="147" /></a></div>
On March 23, 2018, a former student at Vineland High School (Cumberland County) filed <a href="http://bit.ly/2HpBF4q">a lawsuit</a> that accused the Vineland Board of Education of failing to protect her against a school maintenance worker's alleged unwanted sexual advances.<br />
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The woman, now 20 years old, is identified in the lawsuit only by her initials "J.L." She claimed in her lawsuit that a maintenance worker, identified in the lawsuit only by his initials "J.C.," grabbed her by the shoulder when she was walking through "A wing" on March 23, 2016, "pulled her close, gave her a hug, then kissed her on the cheek" and told her "you know I love you." J.L. further alleged that the maintenance worker followed her around school and waited for her at her locker. She claimed that the maintenance worker's advances started when she was 17 years old.<br />
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An <a href="http://bit.ly/2viU12h">Open Public Records Act (OPRA) request</a> to the Vineland school district resulted in <a href="http://bit.ly/2voFaU5">a response</a> that disclosed the maintenance worker's name. The response also shows that the maintenance worker is still employed as a Building Maintenance Worker by the school district and earns $27,113 annually. He began working for the school district in November 2006.<br />
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J.L.'s lawsuit, like all lawsuits, consists only of allegations. Nothing has been proven. The burden rests on J.L. to prove her allegations before a court of law.<br />
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J.L., who also named the maintenance worker as a defendant in the lawsuit, is being represented by Alexander J. Wazeter of Turnersville.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-25042754727198862018-04-14T10:28:00.001-04:002018-04-14T10:37:25.294-04:00Gay employee claims in lawsuit that Salem school officials harassed him for being a foster parent. <div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjigBX3Z3zgb-0WqXkHAWryzbRgUxn8NQpbrlg2KPowahyXXiibAhX529f0_2Ob0duAVoqFmWquk9weOZ5G_da6a7qQKPEjHSFNO1U_mh-lxVzkWlO4qJU75nglHJZbwKbOk85j_6cOuM4/s1600/salemSchool.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="136" data-original-width="410" height="66" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjigBX3Z3zgb-0WqXkHAWryzbRgUxn8NQpbrlg2KPowahyXXiibAhX529f0_2Ob0duAVoqFmWquk9weOZ5G_da6a7qQKPEjHSFNO1U_mh-lxVzkWlO4qJU75nglHJZbwKbOk85j_6cOuM4/s200/salemSchool.jpg" width="200" /></a></div>
According to his <a href="http://bit.ly/2GZm8Jl">February 9, 2018 lawsuit</a>, a gay man employed by the Salem City School District (Salem County) began to experience workplace harassment after he told his supervisor that he was taking foster parenting classes. According to the lawsuit, his supervisor and fellow employees told him that he needed "to find a woman" and that "You don't need kids, just get another pet."<br />
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The lawsuit was filed by Joseph Longo, III, who is identified on <a href="http://bit.ly/2quxMlg">the school district's website</a> as a Social Worker. The employees Longo claimed to have mistreated him are Pamela Bates-Thomas, Dale Gardner and Dr. Billie Slaughter, who are identified on the same webpage, respectively, as Director of Special Services, Transition Coordinator and School Psychologist, and Superintendent Dr. Amiot Patrick Michel.<br />
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According to the lawsuit, Longo told Bates-Thomas in September 2016 that he was taking foster parenting classes. Longo claimed that Bates-Thomas and Gardner would make negative comments about him being a foster parent "nearly every day."<br />
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While not entirely clear, the lawsuit alleges that Longo took in a new foster child in May 2017 after two other foster children had left his home. The departure of the two children caused Slaughter to tell Longo "I hope you learned your lesson, you don't need any children," according to the complaint.<br />
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Longo claimed in his lawsuit that Bates-Thomas told him that he "was not a real parent" and that he needed to choose between being a foster parent and his carerr. She allegedly told Longo that he didn't deserve a personal day to take the child to a doctor's appointment. She allegedly said that "Arrangements can be made to return the [foster] child to the [child care] organization, which would not occur if it is your own child.”<br />
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According to the suit, Superintendent Michel asked Longo "invasive and harassing questions" regarding whether he was getting paid to take care of the foster children. Michel allegedly told Longo that because no one paid him (i.e. Michel) to take care of his daughter, Longo was "not a real parent."<br />
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Separately, Longo claimed in his suit that Bates-Thomas was dismissive of an LGBT club at the high school. "I can't believe they have this club." she reportedly remarked.<br />
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On April 2, 2018, the school district filed <a href="http://bit.ly/2qwhic3">its answer to Longo's lawsuit</a> and denied nearly all of Longo's allegations. The answer also challenged Longo's assertion that he was a "former employee" that began working for the district in September 2000. According to the school district, Longo is a current employee who began working for the district in 2009.<br />
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Longo is being represented by Kevin M. Costello of Mount Laurel and the school district's lawyer is Jay D. Branderbit of Cherry Hill.<br />
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Longo's lawsuit, like all lawsuits, consists only of allegations. Nothing has been proven. The burden rests on Longo to prove his allegatinos before a court of law.<br />
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John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-79923490206267592872018-04-10T13:13:00.002-04:002018-04-10T13:13:54.971-04:00Student sues school district for failing to protect her against bullying that started when she was in third grade.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj9QIwL-do5JZ8WcFFiTvwJ8TI45uEHc4UWTQVDpgjXXLSXoQCnpq_mAWIIvIX2jgfTDRFimbThW-xrc3X6WWLDG_hW5v-Pvo2NEbAKDIA3aLKPz4pXtsXhiSRHlFTx9yGTXpxKjEn0vQc/s1600/fist-bump-1195446_640.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="235" data-original-width="393" height="119" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj9QIwL-do5JZ8WcFFiTvwJ8TI45uEHc4UWTQVDpgjXXLSXoQCnpq_mAWIIvIX2jgfTDRFimbThW-xrc3X6WWLDG_hW5v-Pvo2NEbAKDIA3aLKPz4pXtsXhiSRHlFTx9yGTXpxKjEn0vQc/s200/fist-bump-1195446_640.jpg" width="200" /></a></div>
On March 15, 2018, a student, identified only her initials M.S., sued the New Hanover Township (Burlington County) public school district for failing to take action against students who, over several years, called her "whitey," "white bitch" and "Lesbian" and physically assaulted her. <br />
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According to the lawsuit, <a href="http://bit.ly/2uYBdFg">M.S. v. New Hanover Township School, Docket No. BUR-L-548-18</a>, other students began to harass M.S. when she began attending New Hanover Township Elementary School as a third grader in September 2013. According to the suit, other students called her names, kicked her in the stomach, hit her in the face with a water bottle and a ball and threatened to beat her up.<br />
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M.S.'s mother claimed that she notified Principal Scott Larkin several times about the abuse and even attended a meeting with Larkin and a State Trooper in February 2014 to no avail. She said that she followed up with then Superintendent Dr. Cassandra Brown and even addressed the Board of Education at a public meeting but "nothing was done to stop the harassment, and the harassment continued."<br />
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According to the complaint, the abuse spilled over to the M.S.'s mother. M.S.'s mother said that she called the police in May 2017 when M.S., who then was a sixth-grader, was allegedly told by other students that the playground was "now a punching ground" and another student chased M.S. down the street. According to the lawsuit, the mother of the alleged attacker came to M.S.'s mother's home and called her a "white bitch" and "white trash." The alleged attacker then reportedly wrote a social media post that mocked M.S.'s mother for being afraid of her mother.<br />
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The lawsuit claims that a teacher, Ms. Peterla, told M.S.'s mother in June 2017 that "If your daughter would just keep her mouth shut, we could avoid all these problems." According to the lawsuit, M.S.'s mother took both M.S. and her younger sister out of school and is now homeschooling them.<br />
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M.S. is being represented by Drake P. Bearden, Jr. of Mount Laurel.<br />
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The allegations in the lawsuit are just that--allegations. Nothing has yet been proven and the burden of proof lies with M.S. and her mother.John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-3552577895335516232018-04-10T11:32:00.002-04:002018-04-10T11:33:13.615-04:00Court challenge filed against Mount Laurel ordinance that makes landlords liable for tenants' disorderly conduct.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEib_nAmqbNvAUyVYmAYedVPYgktnYDZVKhuf_er1konWmsOmsUW19BxDvc9R6b0Q7AEuWRPdzNfRrHwtz-YfbGkOvUYkM1_Z1q8Ko5WxKrcFlQ1IcJcTjjQmS97L8x-wy32lwHjxLW_cBw/s1600/MLaurel.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="152" data-original-width="156" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEib_nAmqbNvAUyVYmAYedVPYgktnYDZVKhuf_er1konWmsOmsUW19BxDvc9R6b0Q7AEuWRPdzNfRrHwtz-YfbGkOvUYkM1_Z1q8Ko5WxKrcFlQ1IcJcTjjQmS97L8x-wy32lwHjxLW_cBw/s1600/MLaurel.jpg" /></a></div>
On April 4, 2018, a Mount Laurel Township (Burlington County) property owner filed a lawsuit challenging an ordinance that holds residential landlords "responsible and liable for the conduct and actions of any tenant, invitee, guest or any other person who is in, or about the premises and/or property with the permission, either express or implied, of the landlord, owner, tenant, guest or invitee." Property owners who violate the ordinance are subject to a fine of up to $1,000, up to 90 days in jail, up to 90 days community service "or any combination thereof."<br />
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The lawsuit, captioned <a href="http://bit.ly/2qkbO4i">Sheppard v. Mount Laurel Township, Docket No. BUR-L-707-18</a>, was filed in Burlington County Superior Court by Marlton attorney Daniella Gordon on behalf of her client Scott Sheppard who owns rental property in the Township. The suit takes aim at several aspect of the Township's Rental Ordinance enacted in July 2016. In her filing, Gordon also argues that the ordinance is preempted by state statute and that it violates the constitution because it requires landlords and tenants to give "free access" to an "inspecting officer . . . at all reasonable times" without requiring the officer to get a search warrant.<br />
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The suit seeks a declaratory judgment holding that the offending sections of the ordinance are preempted or unconstitutional "and ordering the Township to revise the Code accordingly." The suit also seeks to make the Township pay Sheppard's costs of suit and Gordon's attorneys fees.<br />
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John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-35302407116083506612018-04-05T16:20:00.003-04:002018-04-05T16:20:40.046-04:00Man sues Vineland for "defiant trespass" arrest for collecting ballot signatures at Cumberland Mall.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiwMJcoQD3qnC8X2N44hbB3-iOQ8_dXUEQtSyW4eK6HAjNNoYwVTBomUv2s5A5IJ30lofR4PZKrCg_EWjSjilH21ClgC3-wGp8GgVqI9yJmNFmT75NXEFJOTvDlFevdx8qZkq6k5JYzHz8/s1600/logo+%25283%2529.png" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="120" data-original-width="335" height="114" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiwMJcoQD3qnC8X2N44hbB3-iOQ8_dXUEQtSyW4eK6HAjNNoYwVTBomUv2s5A5IJ30lofR4PZKrCg_EWjSjilH21ClgC3-wGp8GgVqI9yJmNFmT75NXEFJOTvDlFevdx8qZkq6k5JYzHz8/s320/logo+%25283%2529.png" width="320" /></a></div>
On March 26, 2018, a Bridgeton man sued Vineland (Cumberland County) Police officials, a shopping mall and a mall security guard for arresting him while he was at the shopping mall on April 21, 2016 trying to get signatures on a petition to allow him to run in the Democratic Party primary for a seat on the Cumberland County Board of Chosen Freeholders. <br />
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The man, Nathan J. Goldschmidt, said that he did not conduct himself in a disorderly manner. He claimed that he was arrested for "soliciting mall patrons for political reasons." Goldschmidt maintains, however, that <a href="https://www.casebriefs.com/blog/law/property/property-law-keyed-to-singer/trespass-and-public-rights-of-access-to-property/new-jersey-coalition-against-the-war-in-the-middle-east-v-j-m-b-realty-corp/">a 1994 New Jersey Supreme Court decision</a> permits political expression even on private property, such as a shopping mall's premises.<br />
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Goldschmidt claimed that the defiant trespass charge against him was later dismissed.<br />
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The lawsuit is captioned <a href="http://bit.ly/2GE9Ema">Goldschmidt v. Officer Matthew Garvey, et al, Superior Court Docket No. CUM-L-197-18</a>. Goldschmidt's lawyer is Louis Charles Shapiro of Vineland.<br />
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John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.comtag:blogger.com,1999:blog-4388233249715805297.post-77230411026506206162018-04-02T13:09:00.003-04:002018-04-02T13:09:44.831-04:00Video: NJ Trooper, donned in latex gloves, searches man's crotch after allegedly smelling marijuana.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgHog2IrW2nGSYnoevYkhgiLiZ4z2BV4G9TXmblfAOluX1Gt-sLJzOXu60yr2zgfCwqRt0Nw0RnANGClo1-qN9KRNw1Zv_PjhfonbihHD5krpkFRa3Z0WdVkhJTYXJ9fge9BKm9M0MJi7g/s1600/index.png" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="210" data-original-width="241" height="173" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgHog2IrW2nGSYnoevYkhgiLiZ4z2BV4G9TXmblfAOluX1Gt-sLJzOXu60yr2zgfCwqRt0Nw0RnANGClo1-qN9KRNw1Zv_PjhfonbihHD5krpkFRa3Z0WdVkhJTYXJ9fge9BKm9M0MJi7g/s200/index.png" width="200" /></a></div>
I did not realize that the odor of marijuana, without more, justified a roadside, under-clothes search of a motorist's genitals and anus by a State Trooper clad in latex gloves. I received this video in response to an Open Public Records Act (OPRA) request made to the New Jersey State Police.<br />
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John Paffhttp://www.blogger.com/profile/04350782495358292862noreply@blogger.com