Thursday, December 31, 2009

Council Meetings

I saw the video of today's continuation of the 12/22 council meeting and I am still shaking my head about what went on. Please, we need more people to come to council meetings - next one is 1/5/10 - COW @ 6:30, Council @ 8:00 - the insanity has to stop. If we don't hold them accountable, who knows what kind of mess we'll find ourselves in. And we will be the ones footing the bill for their foolishness.

In my opinion, the Mayor is out of control. Power has gone to his head.

Anyone who disagrees with him, or is friends with the new councilman, has a political motive whenever they question the council, at least according to the mayor. That is not always the case. Even if it were true, wasn't it politics that got him elected? Now he doesn't like politics? Going must be getting rough.

Just because the press was there, he accused a citizen of making remarks and asking questions just because the press was there. This woman has asked questions of the council for months - press or no press.

Then the Mayor tried to tell this citizen that she had not actually asked any questions - I believe he told her "You thought you did", or words to that effect. The video will have the exact wording. And when the council woman wanted to answer one of the questions (that the mayor said wasn't asked) the mayor denied her permission to do so. What?!!??

According to Marlin's Rules it seems that questions are only questions if he thinks they deserve an answer and council members are not permitted to speak without asking for his permission. This is insane!

Please get yourself to a council meeting and stop this train wreck.

Friday, December 25, 2009

The Suits Just Keep Coming

Hackensack police chief named in another lawsuit
Thursday, December 24, 2009
Last updated: Thursday December 24, 2009, 8:50 PM
BY PETER J. SAMPSON
The Record
STAFF WRITER
10 Comments Embattled Hackensack Police Chief Ken Zisa has been named in yet another lawsuit, the fourth this year by members of his department, on charges of scheming to extort political contributions and votes, and retaliating against officers who fail to do his bidding.
Three new plaintiffs – Officers Allen Borntrager of Midland Park, Frank Cavallo of Hackensack and Rocco Duardo of Saddle Brook – joined two of the officers who filed complaints last summer – Lt. Vincent Riotto of Hackensack and Sgt. Scott Sybel of River Edge – in the latest suit in U.S. District Court in Newark.
The 22-page complaint, which was filed electronically late Wednesday, mirrors the allegations previously raised against the chief and a cadre of allied officers.
“As long as Zisa and his cronies continue to harass and retaliate against my clients for exercising their First Amendment rights, I will continue to bring lawsuits … to defend their rights,” said Mark B. Frost, a Philadelphia attorney who is now representing nine current and former officers in two federal suits against the chief and the city.
The latest complaint alleges that the officers are being harassed and brought up on false charges because of their involvement in or association with plaintiffs in the earlier lawsuits, Frost said today. Thirteen officers are now suing the chief in federal and state court.
Cavallo’s cousin Ralph, and Duardo’s brother, Anthony, were among six plaintiffs, including Sybel and Riotto, who sued the chief, the city and a handful of officers on June 24 alleging civil rights and racketeering violations.
Borntrager, the 100-member department’s lead firearms instructor, claims he was punished for failing to wear his hat – his only instance of discipline in 14 years. That punishment, he alleges, was retaliation for associating with Sybel, his supervisor, and other officers suing the chief and for his unwillingness to donate funds to Zisa and his candidates.
In the two suits filed by Frost and co-counsel John J. Zidziunas of Jersey City, the chief is accused of using his office for financial and political gain by “extorting” money from the ranks of his department to support his candidacy in state Assembly races, as well as candidates for other public and union offices.
Zisa, who was appointed chief in 1995 by his brother, former Mayor Jack Zisa, and served as a state assemblyman from 1994 to 2002, has denied any abuse of office and suggested the allegations were politically motivated attacks by disgruntled officers.
Asked for comment today, Zisa said, “Sounds to me like the same bogus allegations.”
City officials declined to comment, but Stephen Lo Iacono, the city manager, noted the cost of defending any litigation is always a concern.
“Especially in the environment that we are in,” he said. “And again, where these lawsuits are coming from, is an additional concern, and it’s something that we have to deal with.”
The other defendants in the new suit are Captains Thomas Salcedo and Danilo Garcia and Sgt. James Smith. They did not return a message seeking comment.
During the 2008 election for state union delegate, the suit alleges, one captain strode around police headquarters with a sign on his back telegraphing the chief’s favored candidate while a sergeant guarded the ballot box, demanding to see how each officer voted and recording the names of those who refused to divulge their ballot.
Officers were warned that failing to disclose their ballot would be considered a vote against the chief and a show of disloyalty, the suit said.
In other claims, Cavallo said he suffered retaliation from Zisa and Smith after reporting Smith for allegedly making derogatory racial remarks and using excessive force against a Hispanic suspect in an alleged burglary attempt. Cavallo was brought up on charges of using improper tactics, but the allegations were later found to be unwarranted, the suit said.
Duardo claims he was falsely accused of leaving his shift early and subjected to an internal affairs investigation and verbal reprimand by Zisa because of his brother’s participation in the earlier suit. Duardo also alleges he was wrongly brought up on charges of insubordination and lying by Smith.
Riotto and Sybel both cite instances of alleged retaliation in which they were ordered by Salcedo to list medications they use and to provide urine samples, in violation of federal law and state attorney general’s guidelines. The tests came back negative, the suit said.
Sybel also alleges he was wrongly suspended for two days for failing to write up Borntrager for removing his hat when he was sick and had difficulty hearing, according to the suit.
After filing suit in June, Sybel was transferred from patrol to the housing division — “a less desirable position that is used as punishment” — and ordered to work a 3 p.m. to 11 p.m. shift, in a move designed to take time away from his family and other activities, the suit said. He also claims he has been given fewer opportunities to work on special overtime details.
The two-count suit accuses the defendants of violating the officers’ right to free speech and association and alleges city policies and customs encouraged the chief to believe he could violate his officers’ rights with impunity.
The suit seeks an order enjoining the city from continuing such practices as well as unspecified compensatory and punitive damages.
Staff writer Monsy Alvarado contributed to this article. E-mail:sampson@northjersey.com
Page 1 2 >>
Embattled Hackensack Police Chief Ken Zisa has been named in yet another lawsuit, the fourth this year by members of his department, on charges of scheming to extort political contributions and votes, and retaliating against officers who fail to do his bidding.

Three new plaintiffs – Officers Allen Borntrager of Midland Park, Frank Cavallo of Hackensack and Rocco Duardo of Saddle Brook – joined two of the officers who filed complaints last summer – Lt. Vincent Riotto of Hackensack and Sgt. Scott Sybel of River Edge – in the latest suit in U.S. District Court in Newark.

The 22-page complaint, which was filed electronically late Wednesday, mirrors the allegations previously raised against the chief and a cadre of allied officers.

“As long as Zisa and his cronies continue to harass and retaliate against my clients for exercising their First Amendment rights, I will continue to bring lawsuits … to defend their rights,” said Mark B. Frost, a Philadelphia attorney who is now representing nine current and former officers in two federal suits against the chief and the city.

The latest complaint alleges that the officers are being harassed and brought up on false charges because of their involvement in or association with plaintiffs in the earlier lawsuits, Frost said today. Thirteen officers are now suing the chief in federal and state court.

Cavallo’s cousin Ralph, and Duardo’s brother, Anthony, were among six plaintiffs, including Sybel and Riotto, who sued the chief, the city and a handful of officers on June 24 alleging civil rights and racketeering violations.

Borntrager, the 100-member department’s lead firearms instructor, claims he was punished for failing to wear his hat – his only instance of discipline in 14 years. That punishment, he alleges, was retaliation for associating with Sybel, his supervisor, and other officers suing the chief and for his unwillingness to donate funds to Zisa and his candidates.

In the two suits filed by Frost and co-counsel John J. Zidziunas of Jersey City, the chief is accused of using his office for financial and political gain by “extorting” money from the ranks of his department to support his candidacy in state Assembly races, as well as candidates for other public and union offices.

Zisa, who was appointed chief in 1995 by his brother, former Mayor Jack Zisa, and served as a state assemblyman from 1994 to 2002, has denied any abuse of office and suggested the allegations were politically motivated attacks by disgruntled officers.

Asked for comment today, Zisa said, “Sounds to me like the same bogus allegations.”

City officials declined to comment, but Stephen Lo Iacono, the city manager, noted the cost of defending any litigation is always a concern.

“Especially in the environment that we are in,” he said. “And again, where these lawsuits are coming from, is an additional concern, and it’s something that we have to deal with.”

The other defendants in the new suit are Captains Thomas Salcedo and Danilo Garcia and Sgt. James Smith. They did not return a message seeking comment.

During the 2008 election for state union delegate, the suit alleges, one captain strode around police headquarters with a sign on his back telegraphing the chief’s favored candidate while a sergeant guarded the ballot box, demanding to see how each officer voted and recording the names of those who refused to divulge their ballot.

Officers were warned that failing to disclose their ballot would be considered a vote against the chief and a show of disloyalty, the suit said.

In other claims, Cavallo said he suffered retaliation from Zisa and Smith after reporting Smith for allegedly making derogatory racial remarks and using excessive force against a Hispanic suspect in an alleged burglary attempt. Cavallo was brought up on charges of using improper tactics, but the allegations were later found to be unwarranted, the suit said.

Duardo claims he was falsely accused of leaving his shift early and subjected to an internal affairs investigation and verbal reprimand by Zisa because of his brother’s participation in the earlier suit. Duardo also alleges he was wrongly brought up on charges of insubordination and lying by Smith.

Riotto and Sybel both cite instances of alleged retaliation in which they were ordered by Salcedo to list medications they use and to provide urine samples, in violation of federal law and state attorney general’s guidelines. The tests came back negative, the suit said.

Sybel also alleges he was wrongly suspended for two days for failing to write up Borntrager for removing his hat when he was sick and had difficulty hearing, according to the suit.

After filing suit in June, Sybel was transferred from patrol to the housing division — “a less desirable position that is used as punishment” — and ordered to work a 3 p.m. to 11 p.m. shift, in a move designed to take time away from his family and other activities, the suit said. He also claims he has been given fewer opportunities to work on special overtime details.

The two-count suit accuses the defendants of violating the officers’ right to free speech and association and alleges city policies and customs encouraged the chief to believe he could violate his officers’ rights with impunity.

The suit seeks an order enjoining the city from continuing such practices as well as unspecified compensatory and punitive damages.

Staff writer Monsy Alvarado contributed to this article. E-mail:sampson@northjersey.com

Tuesday, December 22, 2009

New Cultural Arts Center

If the City buys the old Masonic Temple to use as the new Cultural Arts Center, are they going to sell the old center to pay off the bonds they are planning to float for the purchase?

Thursday, December 17, 2009

More News That Involves Hackensack

Seems that questionable ethics issues usually have a Hackensack link. Maybe the firm that recommended changes at HUMC could come in and give our City Departments some suggestions.

http://www.northjersey.com/recap/121509_Top_Bergen_County_detective_moonlighted_for_Hackensack_University_Medical_Center.html

Friday, December 11, 2009

Hackensack in The News

Several articles today about Hackensack - busy, busy, busy

EMT's - Ironic how City Manager says mutual aid is one of the reasons this is working out "very well". Isn't the fact that mutual aid was not figured into the numbers the reason he said we went over the cap? Spin, Spin, Spin
http://www.northjersey.com/news/79032267.html

Officer Ferraioli's article
http://www.northjersey.com/news/79030552.html

Officer Ferraioli's Internal Affairs Hearing
http://www.northjersey.com/news/121009_Officer_denied_ability_to_talk_to_attorney_while_handing_over_home_computer.html

Sorry, missed this one in original post. Way to go HFD!
http://www.northjersey.com/news/79030822.html

Wednesday, December 9, 2009

12/7 & 12/8 meetings

No video of COW meeting available. Wish there was because there were a couple of issues of interest.

If I get the Council video it will be posted here. The actual business was rather mundane. But it is apparent that they all need to get thicker skin. One of the council members complained that when he was elected he didn't expect the "verbal abuse" from the public and doesn't like it. That's life in big city politics. If you don't like it, resign. Also, after the meeting was over and the public video taping was done, the city clerk was yelling about freedom of speech. Priceless! Wish that was on video.

It's interesting to note that it seems they all are very cognizant of the public taping of these meetings, especially the city clerk. To the best of my knowledge, the city clerk should not address a citizen during the public portion, unless she is specifically asked a question , or, in the case of Hackensack meetings, has the mayor's permission. She jumped down some one's throat about what supposedly happened at the COW. She apparently took offense at something that was said during that meeting.

It seems that at the COW a resident who is very vocal got under their skin. They consider him rude and disruptive. He may not have the best people skills, but neither do they. They really should look in the mirror. When this person said he's on medication, the city attorney thought it was appropriate to say "Apparently not enough". And then he wanted it put on the record that this person needs more medication. What the ... Also when this person was told his 5 minute time was up, he said "A lot of peoples' time is up". One council member apparently took that as a threat and asked that it be put on the record, except he twisted the words. Someone should really should check the minutes of that meeting and see what exactly is on the record.

A small item of interest at the COW is that the "routine" renewal of Bergen Risk as third party administrator was scheduled to be on the 12/8 Council Agenda. Apparently the city attorney had second thoughts about this and informed the city manager that it needed to be advertised on the website. Which it now is, at http://www.hackensack.org/controls/eventview.aspx?MODE=SINGLE&ID=480 BUT with a 12/1 date. Guess it wasn't so routine. Wonder what made them do it correctly this time and why they back dated the notice.

Also at the COW a council member specifically asked that research be done regarding a particular person's attendance at all meetings - whether it be to ban him or have extra security is not clear. And she asked what other meetings he goes to. Apparently, he was in the vicinity of the Shade Tree meeting and someone reported to the council that they were supposedly scared by him. It seems that a family member of one of our leaders is on that board and possibly she is the one who made that request. Sure, have the city attorney research that ... we'll see how that ends up.

Why does this matter? Because if they can target him, they can target any one of us that they do not like. How would you like to have special security at every meeting you attend? Do you want to have to pay for the city attorney to research this and for the special security?

To be clear, I am not saying that this person has model behavior - but he does not appear to be a physical threat to anyone. There are options other than to ban him from meetings or follow him around and antagonize him. Doesn't our council (and our police dept) have anything better to be concerned about?

Tuesday, December 8, 2009

2010 Council Meetings

Starting in January the Committee of the Whole and Council Meeting will be on the same night - Tuesdays at 6:30 & 8:00. Make one of your Resolutions for 2010 to attend more City meetings.

The schedule is available on the City website
http://www.hackensack.org/filestorage/43/94/2010_Meeting_schedule.doc

Friday, December 4, 2009

Zisa Speaks Out

This was in Hackensack Chronicle today.

http://www.northjersey.com/news/78493717.html?c=y&page=2

Kudos to Mark Bonamo for getting the interview.

With regard to the pending internal affiars matter:
"It really doesn’t matter whether or not the guidelines are formally adopted," said Zisa. "What matters is the conduct of the officer, and the way that the investigation was handled by the department."

Any thoughts on this quote, or anything else in the article?


And on a related matter

Cop is denied subpoenas
Saturday, December 5, 2009
BY MONSY ALVARADO
The Record
STAFF WRITER
0 Comments HACKENSACK — City Manager Stephen Lo Iacono ruled this week that he will not issue subpoenas for an ongoing policeman's disciplinary hearing that were requested by the officer's attorney.
In his ruling, Lo Iacono, who is serving as the hearing officer in the proceedings, said he could not issue the subpoenas because he needed more information about the subject of the witnesses' testimony. He said that without the information, it would be "impossible to evaluate whether such testimony is relevant, privileged, or in any other way improper."
Patrick Toscano, who is representing Officer Anthony Ferraioli, said the ruling shows the city manager is not being impartial. He has requested that Lo Iacono recuse himself as the hearing officer.
"There is no doubt on this end that no matter what the evidence reveals, you will rule against my client,'' Toscano wrote in a letter addressed to Lo Iacono. "Your latest ruling denying my request to subpoena and produce witnesses who will undoubtedly clear my client of all of these specious charges is a vagrant disregard for his procedural and substantive due process rights."
Lo Iacono, who has an attorney advising him on the proceedings, declined to comment Friday, saying he cannot speak about the hearing.
Toscano wanted Lo Iacono to issue a dozen subpoenas calling witnesses to either testify or produce documents or videotapes for the hearing.
Ferraioli, who is suspended with pay, is accused of posing as an internal affairs captain in an online forum. Chief Ken Zisa, who is among those Toscano wants to subpoena, has filed several administrative charges against Ferraioli. The officer could lose his job if he is found guilty.
During the first day of hearings, Toscano said it was Ferraioli's girlfriend who was responsible for the postings, and that the case should be dismissed.
The subpoena issue dates back to September, when Toscano sent the subpoenas. But Philip George, the counsel representing the Hackensack Police Department in the matter, objected to the subpoenas, saying they were improperly issued and sought irrelevant information. Last month, Lo Iacono quashed the subpoenas, writing in his opinion that Toscano lacked the authority to issue them, and that only the hearing officer can send them in such cases.
The decision prompted Toscano to ask Lo Iacono to serve the subpoenas.
This is the second time that Toscano has asked Lo Iacono to withdraw from hearing the case. In September, Toscano argued that Lo Iacono was in conflict because as city manager he has a working relationship with Zisa. But Lo Iacono denied the motion, telling Toscano he would be fair.
Ferraioli's disciplinary hearing is scheduled to resume at 9 a.m. on Thursday.
E-mail: alvarado@northjersey.com
HACKENSACK — City Manager Stephen Lo Iacono ruled this week that he will not issue subpoenas for an ongoing policeman's disciplinary hearing that were requested by the officer's attorney.

In his ruling, Lo Iacono, who is serving as the hearing officer in the proceedings, said he could not issue the subpoenas because he needed more information about the subject of the witnesses' testimony. He said that without the information, it would be "impossible to evaluate whether such testimony is relevant, privileged, or in any other way improper."

Patrick Toscano, who is representing Officer Anthony Ferraioli, said the ruling shows the city manager is not being impartial. He has requested that Lo Iacono recuse himself as the hearing officer.

"There is no doubt on this end that no matter what the evidence reveals, you will rule against my client,'' Toscano wrote in a letter addressed to Lo Iacono. "Your latest ruling denying my request to subpoena and produce witnesses who will undoubtedly clear my client of all of these specious charges is a vagrant disregard for his procedural and substantive due process rights."

Lo Iacono, who has an attorney advising him on the proceedings, declined to comment Friday, saying he cannot speak about the hearing.

Toscano wanted Lo Iacono to issue a dozen subpoenas calling witnesses to either testify or produce documents or videotapes for the hearing.

Ferraioli, who is suspended with pay, is accused of posing as an internal affairs captain in an online forum. Chief Ken Zisa, who is among those Toscano wants to subpoena, has filed several administrative charges against Ferraioli. The officer could lose his job if he is found guilty.

During the first day of hearings, Toscano said it was Ferraioli's girlfriend who was responsible for the postings, and that the case should be dismissed.

The subpoena issue dates back to September, when Toscano sent the subpoenas. But Philip George, the counsel representing the Hackensack Police Department in the matter, objected to the subpoenas, saying they were improperly issued and sought irrelevant information. Last month, Lo Iacono quashed the subpoenas, writing in his opinion that Toscano lacked the authority to issue them, and that only the hearing officer can send them in such cases.

The decision prompted Toscano to ask Lo Iacono to serve the subpoenas.

This is the second time that Toscano has asked Lo Iacono to withdraw from hearing the case. In September, Toscano argued that Lo Iacono was in conflict because as city manager he has a working relationship with Zisa. But Lo Iacono denied the motion, telling Toscano he would be fair.

Ferraioli's disciplinary hearing is scheduled to resume at 9 a.m. on Thursday.

E-mail: alvarado@northjersey.com

Tuesday, December 1, 2009

Odds & Ends ... and maybe some rambling

Fox 5 is supposed to do Part II. Don't know when. I've heard that the City is upset that the media got a hold of the tape and is taking action involving the television station. Don't know if that's true. But it seems to me that the citizens would be better served if the City took some action regarding what was heard on the tape rather than how the media got the tape. Kind of like shooting the messenger.

Also heard that more subpoenas are being issued - for what and who I don't know. But, I do know that citizens will be footing the bill for any additional attorneys that are hired. And those attorneys should be looking out for the best interests of the citizens of Hackensack, not necessarily for the individual who has been served.

According to the County Seat there are "Nearly 1,000 New Hospital Parking Spots" in the new garage. Well that's one way not to get pinned down to a number. Are there 1,000, 700, or 900 - what's the best guess today? The reason it matters is that the formula for determining the air rights fee is based on the number of parking spaces. The City is not getting taxes for this property because the hospital is running it, not a 3rd party. So, the air rights are in lieu of taxes. We should be getting both!

The way the County Seat article on the 2nd Ward Town Hall meeting reads, I'd think the reporter was at a different meeting. If you'll notice, 3/4 of the article is about what the City reps had to say and only 1/4 is devoted to the citizens' issues. It also says "These were addressed by the council and Zisa". If by "addressed" it is meant that a non-answer was given, then yes they were addressed. But to me addressed means that a solution was arrived at, or it was promised that it will be. No answers, no solutions. Same old song and dance.

By the way, as I recall, it was Citizens For Change that pledged to address issues within each Ward, not the 4 incumbs.

Christmas Tree Lighting (I don't have to call it a "Holiday Tree" do I?) is Monday, December 7th at 5:30 pm at Courthouse Green.

Restaurant Week starts Friday, December 4th - check uppermain.org for participating restaurants. There will be a Trolley on Main (might just take the free ride)

COW follows tree lighting ceremony on 12/7
Council Meeting 12/8

Happy shopping to all!