Council President Gavino “Butch” Maccanico presided in the absence of Mayor Enright.over the Thursday, September 2 special Council meeting on the 2009 and 2010 Salary & Wage Ordinances. An additional discussion item on how to handle the payments of raises to contractual employees was also scheduled.
The first two items of business were the rescinding of the 2009 and 2010 Salary & Wage Ordinances. No member of the public wished to speak on either ordinance during the public hearings, and both ordinances were rescinded.
Prior to voting on the rescinding of the second ordinance, Councilwoman Patricia Cindea asked, “Can I make a comment? This salary & wage ordinance was nearly identical to the one that John Brennan introduced.”
Councilman John Brennan tried to interject that was not true, but Council President Maccanico used his gavel for the first of many times in the evening to silence him.
Borough attorney Fred Raffetto opined that when it was time to cast the vote, Council members should just cast the vote, that the discussion time had passed.
The Council President then moved to the one discussion item on the agenda, the payment of contractual employess. “Who would like to speak to it?” he asked.
Councilwoman Cindea indicated that she would begin the discussion, saying, “As far as the salary & wage ordinance, the original Salary and Wage Ordinance that John Brennan introduced included the raises for the employees, included raises for the borough workers, included a 3.85% raise for the tax collector. This set of salary and wage ordinances were basically identical to the ones that john introduced when he was removed as the finance chair because he couldn’t get the budget or anything together. And the reason we capitulated is because we weren’t going to make an issue over the protected personnel. So we brought everybody down, the protected personnel, and we have two legal opinions that said they should be 3.85% but we brought them down to 1.5%.
“The only difference between this batch of Salary and Wage Ordinances and the ones that John introduced was that we brought the tax collector down from 3.85% down to 1.5% and we gave the superintendent of public works his contractual raise.of 2.5% and that’s the only difference and John went around and got signatures to basically defeat his own Salary & Wage Ordinance.
“I went about trying to figure out how we were going try to get through this,” Councilwoman Cindea continued. “We want to pay everyone with a contract. We have one individual on council who doesn’t; he wants to decide who gets the raises and who doesn’t get the raises. Unfortunately, we have a very small town, you only need 186 signatutes. You can get that in one night practically in Fairway Mews.
“And he is not telling people that these are contractual raises, he is not telling people these are wages that were awarded by contract. So we’re between a rock and a hard place. And he keeps going around doing it.
“I have been going around with legal counsel and nobody wants to give a legal opinion because a specific councilman threatens ethic charges and everything else every time he gets a chance.
“Right now, I have asked labor counsel to give us an opinion with regards to the contractual employees and he basically said he was not going to give it.
“And so we now also have people saying if we do pay everyone with a contract, that John and Tom are going to file suit against the town, which they legally able to do, so we are going to have to wait until after the election. My understanding according to labor counsel is that if we wait until after the election We can do a separate Salary & Wage Oridinace for just the police and the public works, and If a petition is entered we can disregard it and just pay everybody. Then there would be a separate Salary & Wage Ordinance for everyone else which would be entered right around Christmas time, so that the signatures will have to be collected around Christmas and New Years’ if somebody really wants to spend their holidays like that.
“Unfortunately,” noted the Councilwoman, “We do have a lawsuit as everyone may know. Chief Petriken, who was supposed to be paid in May, has filed suit.
“The one option is, because we pay two collective bargaining units separately, differently, what counsel has actually recommended is that we bring the police employees down 7.7% immediately.
“I do have a resolution for John, if John really feels this is what we should do, John can enter this resolution to immediately bring the police down 7.7%. Because this is what he is doing going around getting these signatures and he is telling people we can do this. Do you know how many lawsuits are we going to have tomorrow morning if this motion gets entered and passed?
A deafeningly quiet pregnant pause of 17 seconds ensued before Council President Maccanico asked, “And this is on the advice of who, Patty? Did you get an opinion on this?”
“Yes,” the Councilwoman replied.
“Who, who, who?” Councilman Brennan demanded.
Council President Maccancio motioned Councilman Brennan to be silent.
Councilwoman Cindea continued, “And that is a legal opinion on what John has been requesting, that they are to get a zero increase across the board in 2009 and 2010, correct, John?”
“I want to know who you said gave this opinion,” Councilman Brennan again demanded.
“We can go into executive session,” Councilwoman Cindea said.
“You’ve already told everyone here you had an attorney tell you, I want to know who it was,” he demanded.
“Mr. Raffetto,” Councilwoman Cindea replied.
Borough Attorney Fred Raffetto said, “First of all, let me just clarify something. Ms. Cindea indicated that the council could disregard petitions. The council cannot disregard petitions and I just want to make sure that that is clarified. The statute 40a9-1.65 specifically affords the public to weigh in on a salary and wage ordinance. So if the governing body moves forward to enact any Salary and Wage Ordinance that provides for any increase in pay to confidential, managerial or executive employees and a petition is thereafter filed, and it is signed by the requisite number of voters, then the municipality cannot disregard it so I just want to clarify that statement.”
“No, that opinion was from Jamie Plosia,” said Councilwoman Cindea, referring to the Borough’s labor counse, “Jamie gave the opinion that ….”
“Whether a petition is filed either before election day or after election day, “ Mr. Raffetto commented, “You have a statutory responsibility that goes along with that and with regard to …
“Mr. Raffetto,” Councilman interrupted abruptly, “Is it your opinion that we should …
Councilwoman Kegelman called a point of order, asking, “Would you let Mr. Raffetto finish his commentary?”
“I would,” responded Councilman Brennan, “Except that Mr. Raffetto is not answering the question that was posed to him.”
Councilwoman Kegelman asked Council President Maccanico to intervene to allow the attorney to finish. The Council President gaveled Councilman Brennan for silence.
“Well, I don’t remember a question being posed to me,” began Mr. Raffetto. “Ms. Cindea noted that I had rendered an opinion to her, and with all due respect to Ms. Cindea, I want to make certain that what you are representing publicly is correct because I would like for you to clarify what it was that you are telling the public that I told you.”
“She told you it was your advice that this resolution to cut the police salaries for 2009 and 2010 should be enacted,” Councilman Brennan interjected.
“I am not making policy recommendations to the governing body. The governing body has the ability if you so choose to make that determination. As you know, this municipality has paid the police their increases under their collective bargaining agreement since 2009 not withstanding that you don’t have Salary and Wage Ordinances that confirm and approve those salary increases that were set forth by contract. That was under a prior labor counsel’s advice to the governing body,” said Mr. Raffetto.
“And do you concur with that advice?,” Councilman Brennan asked.
“I have not rendered an opinion on that advice,” replied Mr. Raffetto.
“Well, what do we have you sitting here for if you are not rendering opinions,” sneered Councilman Brennan
“That is arrogant!,” said Councilwoman Kegelman.
“Stop it,” said Councilwoman King
“I am not your labor counsel, Mr. Brennan. You have labor counsel to advice you on those matters,” advised Mr. Raffetto, “You have the ability to roll those salaries back if you choose.”
“So the opinion that Ms. Cindea referenced that this is what should be done and she said that you, you never said …” Councilman Brennan cut off Mr. Raffetto.
“Should be rolled back…? Yes, I want to clarify the record that that is what was said,” Mr. Raffetto attempted to clarify the issue.
“So what was said?,” demanded Councilman Brennan. “Did you or did you not render an opinion?”
“In discussions with Ms. Cindea and this is now attorney-client, so I cannot get into this in a public setting,” responded Mr. Raffetto.
“Oh, come on, Mr. Raffetto,” groaned Councilman Brennan. “You know what, well, I don’t …”
“This was advice I gave to my client and I’m sorry, I’m not getting into that in a public setting,” Mr. Raffetto replied.
“You’re not refuting it, and you’re also not willing to say what you’re opinion was, and in a public setting Ms. Cindea brings this out and you want to go into that back door and do it in secret. Well, I suggest we adjourn to that back door before I can respond to this charge of Ms. Cindea’s,” Councilman Brennan said.
“The question that was raised was the disparate treatment between two different collective bargaining associations,” Mr. Raffetto told him.
“Okay, and what is your opinion on that?” Councilman Brennan responded.
“I am not your labor council,” replied Mr. Raffetto.
“Did you give Ms. Cindea an opinion about that?” grilled Councilman Brennan.
Mr. Raffetto replied, “I gave her an option.”
“What was the option …what was the option…can I have the option,?” demanded Councilman Brennan.
Council President Maccanico again gaveled Councilman Brennan.
“If this council wanted to maintain parity between the two collective bargaining groups, the council could, if you so choose, you could cease paying the police the increase that you have been paying them since 2009. It was an option,” stated Mr. Raffetto.
Council President Maccanico again gaveled Councilman Brennan’s efforts to interrupt the attorney.
“Thank you, Mr. Raffetto,” Council President Maccanico said, “That is fine.”
“I’m not telling you you should do that. I’m not your labor counsel,” Mr. Raffetto offered as a final caution.
Councilwoman Cindea attempted to explain, “It was drafted as an option, John, because you are the one going around getting signatures to basically have a zero increase in 2009 and 2010, which we don’t have right now. I mean, right now, the police are getting paid 3.85%. And, you were the head of finance in January 2010 and they got paid again, 3.85%, you didn’t stop their pay at that point. If Your are going around getting signatures to not give the police their agreed-to 3.85% raise And are saying that you want I guess to nix a collective bargaining agreement, then you should make a motion to put this resolution forward.”
“So, Councilwoman Cindea, you are giving John the chance to introduce this resolution, is that what you are suggesting?,” asked Council President Maccanico.
“I’m suggesting that John should introduce the motion since he has been the one going around getting signatures, If he truly believes there should be a freeze in 2009 and 2010,” replied Councilwoman Cindea.
“Okay,” said Council President Maccanico, and he went on to recognize Councilman Brennan.
“A couple of things. Ms. Cindea has a habit of telling people what it is I think, what it is I say, and what it is I do and she is so… in her mind, these things take place, and not in reality, because she misinterprets …” began Councilman Brennan.
“Mr. Brennan,” said Council President Maccanico, “Just give us an answer yes or no on this resolution.”
“No, I’m going to respond to the detailed accusations that she made against me and I have a right under Robert’s Rules to do that,” Councilman Brennan responded.
“No personal attacks,” admonished Council President Maccanico.
“Well, I’m responding in kind. She made personal attacks against me and I’m going to respond as I deem appropriately. She said that this ordinances that were just repealed, were identical ordinances to ones I had previously introduced. And that is a false statement.
“She said that labor counsel will not give an opinion about whether or not the public works … And that is why the public works guys are here, if the public works guys should be paid or not paid. The truth of the matter is, the truth of the matter is, there is in writing Ms. Cindea’s instructions to labor council not to give that opinion. That is the truth. It’s in writing, that’s the truth. She instructed him not to give the opinion and that was some time ago.”
Councilwoman Cindea motioned to be recognized.
“No, no, no, no …” said Councilman Brennan, waving away Council President Maccanico. “I have a lot more.”
“Now, Mr. Raffetto says, Mr. Raffetto, our borough attorney for the last … I don’t know how many years … has said that there has been disparate treatment and because there is no Salary and Wage Ordinance in place, neither the police nor the public works should be getting paid. You heard him say that. Well, guess what folks, our ordinances on the books say the following with respect to salary and wages. This is section 16-2.4 entitled salary and wages, A.) Establishment, One — salary and wages shall be established by the mayor and council by ordinance, or a negotiated contract with those groups so recognized.
“So, if you understand the significance of that … you guys should have been paid …the police … the reason why I did not tell the police they shouldn’t be paid back in January was because I understood that they had a collective bargaining agreement and that our ordinances say that salary and wages can be established by negotiated contracts with those groups so recognized.
“The only reason the public works did not get the same treatment because Ms. Cindea as finance chair ordered council not to render an opinion so she could whip up public reaction to the petition that was going around in the hopes of getting lawsuits and objections. That is exactly what happened, folks.” Councilman Brennan concluded.
The audience broke into gales of laughter at this statement.
Council President began gaveling for silence.
“How could you do petitions to stop this, then? How come you did the petition to stop it? You did two petitions!” some of the public works employees cried out from the audience.
“There will be no comments from the audience,” the Council President stated.
“The petitions were pursuant to a statute which provides the public the right to have a say,” Councilman Brennan explained in a smarmy voice.
“But we had a signed contract,” said one of the public works employees from the audience.
“No kidding,” said Councilman Brennan. “And you had the right under the ordinances … if you had capable competent borough council … and a good faith effort to … “
“Please, stop the personal attacks, stop it,” said Mr. Raffetto.
The audience burst in a general outcry and Council President Maccanico began gaveling them.
“You know what, Mr. Raffetto, I think everyone in this room saw you don’t know what you are doing,” Councilman Brennan sneered. The audience members grumbled and spoke heatedly to one another.
“Don’t be ridiculous. There’s a state statute that outweighs the local ordinance,” Mr. Raffetto said.
The general outcry in the audience grew in volume and Council President Maccanico again pounded his gavel.
“With all due respect, Mr. Raffetto,” said Councilman Brennan in a snotty tone of voice, “The state statutes … you don’t even know what the state statutes say about the peition.”
“It requires the adoption of salaries and wages by ordinance,” Mr. Raffetto replied.
Council President Maccanico then gaveled Councilman Brennan, saying: “John, if I have to remove you I will.”
“For what?” Councilman Brennan innocently asked.
“Personal attacks,” replied the Council President. The audience burst into loud applause at this point. Council President Maccanico again gaveled for silence.
“You know …” Councilman Brennan began.
“As I stated before,” Council President Maccanico explained, “If you want to discuss, to try to resolve this matter or if you want to continually argue back and forth and make personal attacks, is it my right to suspend this meeting, Mr. Raffetto?”
“Absolutely,” replied the attorney.
“If we have any outbursts, I will suspend the meeting, so if we want to continue, let’s be civil about it. Does everyone understand that?,” inquired Council Presdint Maccanico. Looking around, he continued, “Lynn, do you want to speak?”
“Yes, I would like to speak,” replied Councilwoman Kegelman. “I disagree with the content of Councilman Brennan’s comments. First of all, about Mrs. Cindea. Mrs. Cindea spent a lot of time negotiating the public works contract. She came up with a consensus. We couldn’t get it approved, we would not pass the Salary and Wage Ordinance without signing off on that contract, it was fair, but it went down.”
“Mrs. Cindea has done everything to move forward. She talked in open council meetings about having a freeze for next year due to our economic times. But we were looking at having the public works, at that time it was a 2.5% raise … With a change in the committees, I got involved and did some other negations, myself and Council President Maccanico, for the public works, and we came up with an agreeable 1.5%. Mrs. Cindea took over as finance chair.
“And there was a time when Councilman Brennan was agreeable to a 25 or 30 dollar raise in taxes and that was before all the nonsense started. And it is a lot of political nonsense … And I feel sorry for you, the public works, and also the police because you are being batted around as the villains. And you are our work force. And a lot of the nonsense goes back to we are a small town, and a lot of these personal vendettas go to people who went back to high school. I’m amazed at some of this nonsense.”
“Nonsense,” Councilwoman Cindea agreed.
“But we have to put up with it,” Councilwoman Kegelman continued. “A lot of it is playing political games. It is all about how it reads. Mr. Raffetto is an excellent attorney, an excellent attorney. We are privileged to have him here. He speaks with reason and he never oversteps his bounds. We have labor counsel. Our labor counsel chose not to render an opinion. Mr. Brennan, as all attorneys can do, can make an argument on any side of the coin, and he is playing verbal games. Which he has every right to do.
“We are running around with these petitions because it make good political fodder and we will continue. And now at this point, we are going to suspend all salary and wage ordinances. It is not going to be a political issue. Just think about how it would have been if we let it go on. Now let’s just stop it and in November we’ll have an election and then good people hopefully will be elected and then we move on. But that’s it, it’s putting to bed all the election nonsense.
“And a lot of it is so, so nearly … it’s magical how you can twist and maneuver the facts.
I’ll read something,” said Councilwoman Kegelman, opening a sheet of folded paper. “There is a special meeting tomorrow at 7:00 PM – this is written by one of the candidates who is on the other side I’m on – at 7:00 PM in Borough Hall to unveil a new round of salary and wage ordinances … well, we’re not, we’re just rescinding. We can only guess what they have in store for us now. Let’s recap. Brennan came in with a zero salary increase and was promptly deposed and exiled. John, you’re here, you weren’t exilted!”
“No jokes,” cautioned Council President Maccanico with a smile.
“Well, he wasn’t, I’m just reading from here,” Councilwoman Kegelman pointed out, continuing, “Mr. Brennan at the best time was $35.00 over. He didn’t come in with a zero budget, Mrs. Cindea came in with a zero budget. After a lot of nonsense that transpired between Point A and Point B.
“Also, the author of this and his compadres, they talked about surplus and utilizing the surplus and how we were being irresponsible and I took that to heart. Because Mr. Brennan in his budget had a surplus number, and we were tweaking it down and surplus, you know, because of return on investment and all of those good things that occur, surplus doesn’t always regenerate itself and everyone is having these problem, all of the towns, at the same rate.
“So I took it to heart, I do listen, even if I don’t always agree with all the people who are speaking. And I went along with the vote to increase the surplus, but Mr. Brennan and his group …”
“Mr. Maccanico,” Councilman Brennan interrupted. “Am I really going to have to tolerate these repeated ‘Mr. Brennan this, and Mr. Brennan that’ that are false accusations? Or as chair, would you have the decency to stop this?
“Please, I’m asking you please to stop this,” Councilman Brennan begged, “You are making false statements. You know what, Ms. Kegelman, you have been, you have been making repeated false statements. You said my budget was $35.00 over, that’s not true, no, that’s not true, that is absolutely not true, no, it’s not, it’s not, it’s not.” Councilman Brennan’s voice escalated upwards petulantly as Council President Maccanico sought to quiet him.
“You know what, the Coast Star reporter has been here every single time and she knows,” commanded Councilman Brennan, “And everybody who has been here knows, I never … I absolutely am … I’m relying upon a neutral person … a neutral person …”
“Mr. Brennan, I am still speaking, I have not finished. I have had to listen to you go on for hours,” Councilwoman Kegelman said.
“No, Ms. Kegelman, at least I am stating facts, the truth,” replied Councilman Brennan.
“Mr. Brennan,” gaveled Council President Maccanico, warningly.
Councilwoman Kegelman continued reading the e-mail message that had been circulated to residents, “She came back with another 1.5% increase and another petition and a withdrawal – the first said that Cindea came in with a 3.85% increase which prompted the petition and squashed the ordinance. The 3.85% increase was on several confidential employees and was it was all covered at a zero increase. Correct? Am I wrong about that?
“Everything was covered,” stated Councilwoman Cindea.
“So they are taking a number and they are manipulating,” Councilwoman Kegelman continued. “They are playing games. It is like musical facts. This goes out on one of these wonderful web sites and so people read it and think this is the way the world is. And nothing against the Coast Star, but the Coast Star is one young lady who probably has her viewpoints, and I’m not sure, she lives in town and what her alliances are. She has her views and she has every right to her views, but I’m not saying that everything you read in the Coast Star is factual. It can be manipulated. You can go and get the tapes and listen here.
“All I’m saying is that I feel sorry for you workers because you are being political pawns. And for Mr. Brennan to come and say … he has been na-da, we don’t have to honor contracts, we don’t have to honor this, we don’t have to honor that …”
“Mr. Maccanico, that is another charge that is false,” protested Councilman Brennan.
“All I can say is, after the election things should cool down a little,” Councilwoman Kegelman wound up.”
“Can I just respond?,” asked Councilman Brennan and Council President Maccanico recognized him.
“Let me say this again to the public workers work force,” Councilman Brennan expounded.” You will find out that it is absolutely true that there is an ordinance on the books that says, ‘Salaries and wages shall be established by the mayor and council by ordinance, or by negotiated contract when so recognized.’ I voted against your contract, I was against your contract for a lot of reasons, particularly the buy-out and you guys know that and I think that was imprudent.
“But, as soon as that contract was executed, you had the right to be paid, and now you should be asking the question, why wasn’t I paid at that point? And they’ve been saying it is because of the petition. But the petition only effects the salary and wage ordinance, but our ordinances say you can be paid pursuant to the ordinance or negotiated contract, so you don’t need to have a salary and wage ordinance in place to be paid once your contract had been executed.
“And it is a true fact that Ms. Cindea, in writing, not once, but twice, ordered the borough labor counsel not to render – excuse me, I don’t want to misspeak – she ordered the borough labor counsel once not to render an opinion on this specific issue about whether or not the disparate agreement between you and the police was unfair. That’s in writing, okay, and it is going to prove out to be true.
“Additionally, she wrote to the Department of Community Affairs in Trenton bragging about the fact that she had told labor counsel not to render that opinion. So if you are upset about not being paid … and it is my belief, only my believe, that … that the reason why she was doing that was to aggravate you and upset you so you would be here against the petition.”
Several individuals in the audience whistled incredulously at this statement.
“Now having said that,” Councilman Brennan quickly continued, “With respect to the petition, what is going on with respect to the petition, so that you will understand, is that throughout New Jersey, and probably the country, people are upset with what public sector salaries and benefits are. You all know that.
“The petition was intended to have the effect of allowing the people to have a say, that’s all, nothing more. The petition law does not by law … know what, you can shake your head, but I’m telling you, if you read the petition law, it does not, by law, what would happen, okay, what happens, okay, if you had a public question and the people voted down the Salary & Wage Ordinances?
“It comes back to the Council to have to pass a salary and wage ordinance. It doesn’t kill your raises. Your raises were pursuant to negotiated contracts and you should have been being paid by our own ordinances for months.”
In other words, the Borough form of government in New Jersey has non-binding referendum. No matter how the public voted on a ballot question, the Council would still have the ability to ignore the voting results and pass whatever they liked. Councilman Brennan’s contention that, “it doesn’t kill your raises” seems to indicate that even if voter’s voted against wage increases for the public works employees, they still would get their raises.
This, however, appears to be in direct conflict with Councilman Brennan’s statement at the July 26, 2010 Council meeting, when he pointed out: “A contract isn’t the final word … does the contract control? Or does the vote of the people control? And I am on the side of the vote of the people.” This statement would seem to indicate that Councilman Brennan, as Councilwoman Kegelman pointed out earlier in the discussion, does not believe the Council needs to honor contracts.
“Thank you, John,” said Council President Maccanico.
Members of the public works in the audience immediately began to ask for clarification. Councilwoman Kegelman motioned to them and said, “Just wait. You will have your turn.”
“And I also … excuse me, excuse me,” Councilman Brennan said, trying to be heard over the crowd.
Council President Maccanico again plied the gavel. “Mr. Brennan, time is up,” he said.
Councilwoman Kegelman then requested, “I would ask through the Chair if Mr. Brennan will articulate how many times he has spoken in open meetings that your negotiating bargaining association, your public works bargaining group, is not a union and is not a recognized bargaining group.”
“Are you asking me that question now,” Councilman Brennan inquired.
“I am asking you how many times,” confirmed Councilwoman Kegelman.
“I have never said in a public meeting that the … I have never said in a public meeting that your group is not a negotiating … now hold on, what I have said, just so you want to know, what I have said, behind closed doors, alright, no, I’m not the one who wants people behind closed doors, and I’m willing to say anything, I’m the one that wants all the business done out here, guys. I am. And you know what, you can argue, you can argue until you are … That’s the truth, I want open government, I don’t even go to most of the damned things because of the fact that I don’t even like the idea that they are doing anything in secret. Now, what I have said, because she has raised the issue, what I have said is that there is a distinction between having, and those of you who know me, have urged you, who know me, know what my position is with respect to whether you should have a union or not. So, I am not … don’t … she … no, no … you know what, Ms. … Mr. Maccanico, she is calling me a liar on the record. Are you going to take some sort of action?
Tune in again tomorrow for further coverage of this story. Council votes to grant the public works their raises; Brennan votes ‘no’ on the police chief’s salary increase.