Wednesday, May 16, 2012
Audio cassette duplication
Interestingly, the Borough's position that it can charge up to $339.79 to duplicate an audio tape from a single council meeting may be legally justified if its audio tapes are kept in some propriety format that requires substantial manipulation to convert into a format that people can listen to. My May 16, 2012 letter to the Mayor and Council seeking further information to help me determine the legality of the $339.79 charge is on-line here.
Tuesday, May 15, 2012
Borough seeks up to $339.79 for audio tape of a single meeting
The Borough of Englewood Cliffs (Bergen County) wishes for me to pay up to $339.79 for the audio recording of a December 8, 2010 Borough Council meeting. The Borough posits that the meeting was recorded on audio tape and that since the Borough now uses CD technology, it needs to use a private vendor, at $135 per hour, to duplicate the 2.5 hour meeting recording.
My OPRA request, the Borough's response and my reply to that response are on-line here.
John Paff
My OPRA request, the Borough's response and my reply to that response are on-line here.
John Paff
Thursday, May 10, 2012
How current are the Borough Council minutes?
I am trying to get a handle on exactly how up-to-date (or not up-to-date) the Borough Council is on keeping, approving and maintaining its public and executive minutes. I have submitted a very detailed OPRA request, available here, that ought to provide me with that information and inform me if a compliance lawsuit is necessary.
John Paff
John Paff
Monday, April 30, 2012
Thursday, April 26, 2012
The Record: In Englewood Cliffs, all requests for informatin must go through mayor
In Englewood Cliffs, all requests for information must go through mayor
The Record
ENGLEWOOD CLIFFS — All requests for "non-emergent information" from the borough's administrative offices will now go through Mayor Joseph Parisi Jr. first.
The Borough Council adopted a resolution last week that states: "Joseph C. Parisi, Mayor of Englewood Cliffs, does hereby requires [sic] that all future requests for non-emergent information be sent to his office for approval."
Republican Councilwoman Carrol McMorrow was the lone dissenter. Democrats Joseph Favaro, Edward Aversa and Gloria Oh voted for it. Council members Ilan Plawker and Melanie Simon, also Democrats, were absent.
Although the agenda for Wednesday's meeting notes that the requirement is for "requests by department heads and council," the four-line resolution itself does not specify to whom it applies or what constitutes "non-emergent information."
"It is unfortunate that the mayor feels the need to control the flow of information, whether it be to our residents, council or department heads," McMorrow said Thursday. "In my opinion, council members and department heads should have available to them whatever information they feel they need to do their job effectively."
Parisi said Sunday that the resolution applies only to elected officials and department heads.
"The public can do whatever they want through the proper channels," he said. "I want them to call our personnel. Our personnel will be available to them."
He said he hopes to serve as an intermediary between council members and department heads and the borough administrator, to help alleviate the many requests for information fielded by the administrator's office. "A lot of things I'll know the answer to," he said.
As examples of "non-emergent information," he cited requests for the past 10 years of tax appeals and lists of children playing youth baseball. He said he would like to know why such information is requested, especially when it involves contacting one of the professionals hired by the borough, who charge hourly rates.
"I just wanted everyone to understand that time is important," Parisi said.
At the Wednesday meeting, resident Jack Geyer questioned how the resolution would affect residents.
"Does that mean that if I want to talk to Mark in DPW, I have to ask for a request from you, and how is the request made?" Geyer asked. "Do I mail it to you?"
Parisi responded that the resolution does not apply to residents.
At the meeting, he said he hopes the resolution will create a smoother transition from former Clerk/Administrator Susan McGinley Spohn, who died last month, to acting Clerk/Administrator Lisette Duffy, who was promoted from deputy clerk to the acting position.
Resident Lauren Eastwood asked what the point of the resolution was when Borough Council members, as members of the public, can file a request for information under the state's Open Public Records Act.
Parisi said he doesn't believe council members should file such requests.
"I have a problem with an elected official splitting themselves in half," he said.
"They have a right to do an OPRA request, but I'm just trying to make things more efficient."
But McMorrow, the lone Republican holding local office, said she would resort to that if she has to.
"If the borough office refuses to provide me the information I need to effectively do my job, I will join our residents in utilizing the Open Public Records Act as well," she said.
Thomas Cafferty, general counsel for the New Jersey Press Association, said the resolution appears to apply to anyone seeking information.
Cafferty said the public and Borough Council members have a right to request documents under the state's Open Public Records Act and the law specifies to whom those requests are to be submitted.
"If it's intended to apply to request under the Open Public Records Act, it creates a problem because the clerk is the custodian of records," Cafferty said.
Email: hayes@northjersey.com
The Borough Council adopted a resolution last week that states: "Joseph C. Parisi, Mayor of Englewood Cliffs, does hereby requires [sic] that all future requests for non-emergent information be sent to his office for approval."
Republican Councilwoman Carrol McMorrow was the lone dissenter. Democrats Joseph Favaro, Edward Aversa and Gloria Oh voted for it. Council members Ilan Plawker and Melanie Simon, also Democrats, were absent.
Although the agenda for Wednesday's meeting notes that the requirement is for "requests by department heads and council," the four-line resolution itself does not specify to whom it applies or what constitutes "non-emergent information."
"It is unfortunate that the mayor feels the need to control the flow of information, whether it be to our residents, council or department heads," McMorrow said Thursday. "In my opinion, council members and department heads should have available to them whatever information they feel they need to do their job effectively."
Parisi said Sunday that the resolution applies only to elected officials and department heads.
"The public can do whatever they want through the proper channels," he said. "I want them to call our personnel. Our personnel will be available to them."
He said he hopes to serve as an intermediary between council members and department heads and the borough administrator, to help alleviate the many requests for information fielded by the administrator's office. "A lot of things I'll know the answer to," he said.
As examples of "non-emergent information," he cited requests for the past 10 years of tax appeals and lists of children playing youth baseball. He said he would like to know why such information is requested, especially when it involves contacting one of the professionals hired by the borough, who charge hourly rates.
"I just wanted everyone to understand that time is important," Parisi said.
At the Wednesday meeting, resident Jack Geyer questioned how the resolution would affect residents.
"Does that mean that if I want to talk to Mark in DPW, I have to ask for a request from you, and how is the request made?" Geyer asked. "Do I mail it to you?"
Parisi responded that the resolution does not apply to residents.
At the meeting, he said he hopes the resolution will create a smoother transition from former Clerk/Administrator Susan McGinley Spohn, who died last month, to acting Clerk/Administrator Lisette Duffy, who was promoted from deputy clerk to the acting position.
Resident Lauren Eastwood asked what the point of the resolution was when Borough Council members, as members of the public, can file a request for information under the state's Open Public Records Act.
Parisi said he doesn't believe council members should file such requests.
"I have a problem with an elected official splitting themselves in half," he said.
"They have a right to do an OPRA request, but I'm just trying to make things more efficient."
But McMorrow, the lone Republican holding local office, said she would resort to that if she has to.
"If the borough office refuses to provide me the information I need to effectively do my job, I will join our residents in utilizing the Open Public Records Act as well," she said.
Thomas Cafferty, general counsel for the New Jersey Press Association, said the resolution appears to apply to anyone seeking information.
Cafferty said the public and Borough Council members have a right to request documents under the state's Open Public Records Act and the law specifies to whom those requests are to be submitted.
"If it's intended to apply to request under the Open Public Records Act, it creates a problem because the clerk is the custodian of records," Cafferty said.
Email: hayes@northjersey.com
Saturday, April 21, 2012
The Record: Englewood Cliffs Borough Council abolishes zoning board, shifts authority to planners
Englewood Cliffs Borough Council abolishes zoning board, shifts authority to planners
ENGLEWOOD CLIFFS — The Borough Council has formally dissolved the Board of Adjustment in a party-line vote that transfers its powers and responsibilities to the Planning Board.
The 3-1 vote followed four months of delayed public hearings, debates and legal filings on the matter. Carrol McMorrow, the lone Republican on the council, cast the sole dissenting vote. Councilman Ilan Plawker and Councilwoman Melanie Simon were absent.
“It makes economic sense,” said Mayor Joseph Parisi Jr., who championed the merger. “There will definitely be cost savings, not great, but cost savings are cost savings.”
The mayor and council agreed to delay publishing notice of the vote, which would effectively consolidate the boards, by 15 days so that the Adjustment Board could meet one last time to memorialize a residential application it recently approved.
February lawsuit
Parisi introduced the ordinance at the Jan. 7 reorganization meeting. But Adjustment Board Chairman Russell Porrino filed a lawsuit in February arguing that the mayor violated the state’s Open Public Meetings Act at that meeting because he failed to hold a public comment portion as required by law. Porrino alleged that any action taken at that meeting was invalid.
Porrino also argued that the ordinance was not on the agenda, another violation. As a result of his suit, the council reintroduced the ordinance in March and scheduled a public hearing and final vote for Wednesday. The lawsuit is pending.
“While merging boards is not unusual these days, what transpired in Englewood Cliffs is a travesty,” Porrino said Thursday. “There can be no argument that the rush to dissolve our board was in the best interests of the residents. If I had not filed suit against Mayor Parisi and the borough for violating the Open Public Meetings Act, the process would have been done in less than 30 days. The residents should be asking why the rush to judgment?”
Prior lawsuits
Porrino was the first to speak during the public hearing and announced that two lawsuits have been filed against the Adjustment Board’s approval of LG Electronics USA’s new North American headquarters at the former Prentice Hall site on Sylvan Avenue.
He questioned what would happen when the lawsuits go before a judge if the Adjustment Board no longer exists.
Parisi said he had gotten a legal opinion and recommended keeping the Adjustment Board’s attorney on the payroll to handle those lawsuits. Porrino argued that if the Adjustment Board is dissolved, there is a chance that LG would have to reapply to the Planning Board, which could mean another year of hearings.
Among those testifying on the ordinance was Gregg Pastor, the borough attorney in Dumont, where voters agreed to combine its two land-use boards. Englewood Cliffs does not have to have a referendum because it has fewer than 15,000 residents.
Pastor said in most small towns, which are almost entirely developed, there is a lack of planning applications. But state statute does not allow the Planning Board to be merged into the Adjustment Board, so the zoning powers are given to the Planning Board, he said.
“Particularly in this down building market there has been some efficiency that has been gained in terms of what is going on in Dumont,” Pastor said.
Email: hayes@northjersey.com
The 3-1 vote followed four months of delayed public hearings, debates and legal filings on the matter. Carrol McMorrow, the lone Republican on the council, cast the sole dissenting vote. Councilman Ilan Plawker and Councilwoman Melanie Simon were absent.
“It makes economic sense,” said Mayor Joseph Parisi Jr., who championed the merger. “There will definitely be cost savings, not great, but cost savings are cost savings.”
The mayor and council agreed to delay publishing notice of the vote, which would effectively consolidate the boards, by 15 days so that the Adjustment Board could meet one last time to memorialize a residential application it recently approved.
February lawsuit
Parisi introduced the ordinance at the Jan. 7 reorganization meeting. But Adjustment Board Chairman Russell Porrino filed a lawsuit in February arguing that the mayor violated the state’s Open Public Meetings Act at that meeting because he failed to hold a public comment portion as required by law. Porrino alleged that any action taken at that meeting was invalid.
Porrino also argued that the ordinance was not on the agenda, another violation. As a result of his suit, the council reintroduced the ordinance in March and scheduled a public hearing and final vote for Wednesday. The lawsuit is pending.
“While merging boards is not unusual these days, what transpired in Englewood Cliffs is a travesty,” Porrino said Thursday. “There can be no argument that the rush to dissolve our board was in the best interests of the residents. If I had not filed suit against Mayor Parisi and the borough for violating the Open Public Meetings Act, the process would have been done in less than 30 days. The residents should be asking why the rush to judgment?”
Prior lawsuits
Porrino was the first to speak during the public hearing and announced that two lawsuits have been filed against the Adjustment Board’s approval of LG Electronics USA’s new North American headquarters at the former Prentice Hall site on Sylvan Avenue.
He questioned what would happen when the lawsuits go before a judge if the Adjustment Board no longer exists.
Parisi said he had gotten a legal opinion and recommended keeping the Adjustment Board’s attorney on the payroll to handle those lawsuits. Porrino argued that if the Adjustment Board is dissolved, there is a chance that LG would have to reapply to the Planning Board, which could mean another year of hearings.
Among those testifying on the ordinance was Gregg Pastor, the borough attorney in Dumont, where voters agreed to combine its two land-use boards. Englewood Cliffs does not have to have a referendum because it has fewer than 15,000 residents.
Pastor said in most small towns, which are almost entirely developed, there is a lack of planning applications. But state statute does not allow the Planning Board to be merged into the Adjustment Board, so the zoning powers are given to the Planning Board, he said.
“Particularly in this down building market there has been some efficiency that has been gained in terms of what is going on in Dumont,” Pastor said.
Email: hayes@northjersey.com
Saturday, April 14, 2012
7 Borough and 3 Board of Education Officials Have Annual Pensions of More Than $100,000
New Jersey Watchdog, http://newjersey.watchdog.org, has published two articles under the heading Where Does the Buck Stop for NJ Pensions? The first, posted on April 2, 2012 at http://newjersey.watchdog.org/2012/04/02/100k-club, is titled $100K New Jersey Pensions 'Club' State Retirement Funds.
The list of retirees receiving pensions in excess of $100,000 arranged by pension amount, from highest to lowest, is available at http://newjersey.watchdog.org/2012/04/03/100k-sidebar/. Ranked 34 is retired Englewood Cliffs Police Chief Thomas Bauernschmidt with an annual pension of $143,604. Ranked 59 is another retired Englewood Cliffs police chief, Lawrence Whiting, with an annual pension of $137,155. People who have lived in Englewood Cliffs for a while may remember that Mayor Joseph C. Parisi, Jr. skipped over two higher ranking police officers to promote then-lieutenant Bauernschmidt to police chief and that former Police Chief Whiting held back applications for the position of patrolman for then-Councilwoman Patricia Drimones' two sons, current Patrolman Nicholas Drimones and recent police dispatcher candidate Christian Drimones. (see March 15, 2012 post)
Also on the list from the Borough of Englewood Cliffs are: retired police inspector William Gallagher receiving $120,939, retired police captain George Murray receiving $120,030, retired police captain Martin Barrett receiving $114,840, retired police lieutenant Douglas Speidel receiving $106,350, and retired police chief Patrick Farley receiving $105,047. In contrast, the New Jersey State Police officer with the highest pension receives $97,897 according to $100K New Jersey Pensions 'Club' State Retirement Funds, http://newjersey.watchdog.org/2012/04/02/100k-club.
In addition, three Englewood Cliffs Board of Education retirees are on the list of those receiving pensions in excess of $100,000: retired Superintendent of Schools Philomena Pezzano, receiving $119,733, Marion Luthin receiving $114,712, and retired principal Joseph Spano receiving $113,047.
In a follow up article posted on April 12, 2012, New Jersey Watchdog lists those receiving pensions in excess of $100,000 by last employer. The article, titled Paterson & Hoboken Lead NJ in 100K Pensions for Retirees, http://newjersey.watchdog.org/2012/04/12/6227, indicates that the Borough of Englewood Cliffs has the same number of retirees receiving more than $100,000 -- seven -- as the City of Englewood and more than the Boroughs of Tenafly and Fort Lee.
The list of retirees receiving pensions in excess of $100,000 arranged by pension amount, from highest to lowest, is available at http://newjersey.watchdog.org/2012/04/03/100k-sidebar/. Ranked 34 is retired Englewood Cliffs Police Chief Thomas Bauernschmidt with an annual pension of $143,604. Ranked 59 is another retired Englewood Cliffs police chief, Lawrence Whiting, with an annual pension of $137,155. People who have lived in Englewood Cliffs for a while may remember that Mayor Joseph C. Parisi, Jr. skipped over two higher ranking police officers to promote then-lieutenant Bauernschmidt to police chief and that former Police Chief Whiting held back applications for the position of patrolman for then-Councilwoman Patricia Drimones' two sons, current Patrolman Nicholas Drimones and recent police dispatcher candidate Christian Drimones. (see March 15, 2012 post)
Also on the list from the Borough of Englewood Cliffs are: retired police inspector William Gallagher receiving $120,939, retired police captain George Murray receiving $120,030, retired police captain Martin Barrett receiving $114,840, retired police lieutenant Douglas Speidel receiving $106,350, and retired police chief Patrick Farley receiving $105,047. In contrast, the New Jersey State Police officer with the highest pension receives $97,897 according to $100K New Jersey Pensions 'Club' State Retirement Funds, http://newjersey.watchdog.org/2012/04/02/100k-club.
In addition, three Englewood Cliffs Board of Education retirees are on the list of those receiving pensions in excess of $100,000: retired Superintendent of Schools Philomena Pezzano, receiving $119,733, Marion Luthin receiving $114,712, and retired principal Joseph Spano receiving $113,047.
In a follow up article posted on April 12, 2012, New Jersey Watchdog lists those receiving pensions in excess of $100,000 by last employer. The article, titled Paterson & Hoboken Lead NJ in 100K Pensions for Retirees, http://newjersey.watchdog.org/2012/04/12/6227, indicates that the Borough of Englewood Cliffs has the same number of retirees receiving more than $100,000 -- seven -- as the City of Englewood and more than the Boroughs of Tenafly and Fort Lee.
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