Sunday, June 24, 2012

The Record: Police brass outnumber rank-and-file cops in Englewood Cliffs

Police brass outnumber rank-and-file cops in Englewood Cliffs

The Record

Patrol officers in Englewood Cliffs are outnumbered — not by criminals, but by their supervisors.
Promotions that take effect July 1 will leave front-line officers in the minority on the top-heavy force of 26. The 10 remaining patrolmen will answer to a chief, a deputy chief, two captains, six lieutenants and six sergeants.
An arbitration ruling in a labor dispute between the borough and the police union created the opposite of the normal Police Department hierarchy and left the mayor shaking his head in disbelief.
“It’s the most idiotic solution I’ve ever seen, but it’s the only solution right now,” Mayor Joseph Parisi said before the Borough Council approved 14 promotions on Thursday night. “This is the lesser of two evils.”
The promotions were part of a deal in which the police union agreed to forgo three years of back pay owed to officers who had been performing duties of higher-ranking and higher paid officers.
Prior to the agreement, the department had 19 patrolmen, three sergeants, two lieutenants and no captains, Police Chief Michael Cioffi said.
Thirteen of the officers receiving promotions had been doing the jobs of a higher-ranking officer, he said, and the other one was rewarded for his exemplary performance.
The promotions won’t take cops off the street. The six new sergeants will be assigned to patrol while also serving as supervisors, Cioffi said.
“They’re long overdue,” Cioffi said of the promotions, the department’s first since 2007.
While lamenting the fallout, Parisi said the deal avoids a protracted legal fight with the police union and having to pay hundreds of thousands of dollars in back pay.
The December arbitration ruling gave the borough’s police officers and supervisors their first contract, and awarded them retroactive raises progressing from 1 percent in 2009 to 2.5 percent in 2013. Before that, raises were given through ordinances or memorandums or even with a handshake. The ruling exempted the chief and deputy chief because they have separate contracts.
The borough appealed the ruling but lost, putting the borough on the hook for the back pay owed the officers.
Instead, the borough and union agreed on the promotions in lieu of retroactive pay.
The promotions were approved 2-0 by council President Joseph Favaro and Councilman Edward Aversa at a special meeting. Councilwoman Carroll Morrow, who is married to the deputy police chief, abstained. Council members Melanie Simon, Ilan Plawker, the police commissioner, and Gloria Oh, the council’s finance chairwoman, were absent.
Ramon Ferro, a Republican candidate for council, said having only two council members vote on the promotions was “completely irresponsible.” Resident Lauren Eastwood questioned how much the borough was saving by promoting the officers, who now will get paid a higher overtime rate and retire with a bigger pension.
“In my opinion, it is a very bad deal for Englewood Cliffs’ taxpayers,” she said in an email.
The contract requires the borough to pay sergeants $131,592 a year in 2013, lieutenants $142,118 and captains $153,487.
Mitchell C. Sklar, executive director of the New Jersey State Association of Chiefs of Police, said having such a top-heavy police department is unusual.
“They chose to invert that pyramid,” he said. “I never heard of this before.”
Joe Iannaconi Jr., the borough’s chief financial officer, said Englewood Cliffs will pay an additional $80,000 in police salaries this year because of the promotions. If the borough had paid the back pay for the three years covered by the arbitration ruling, it would have cost more than $300,000, he said.
Cioffi estimated it would have cost the borough closer to $500,000, but said officers were willing to give up the money to advance their careers and end the legal conflict.
“It was going to be a cost to the town one way or another,” Cioffi said. “Who wants to continue fighting the battle? Everyone just wants it to come to an end.”

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

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

Monday, April 30, 2012

On May 1, 2012, I am filing my Motion for Summary Judgment in my Open Public Meetings Act case against the Englewood Cliffs Board of Education.  All the motion paperwork other than the Certification is on-line here. The Certification is on-line here.

John Paff

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

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