Court
Date: May 24th at 10 a.m, Bergen County
Court House
The Lodi Board of Ed has been abusing “Doctrine of
Necessity”. Now the Lodi Mayor and
Council want in. They are going to Court
to ask a judge to allow them to negotiate and approve Donald Scorzetti's contract for Police Chief. They want to use “Doctrine of Necessity”,
something that nobody can ever recall the Lodi Mayor and Council using before.
This is disgraceful!
Donald Scorzetti is unfit to be Police Chief. The only reason he is becoming Chief is because
of politics, quid pro quos, and the conflicts of interest of the Mayor and Council.
Once again, an outside agency should select Lodi’s
next Chief.
Alan Spiniello
didn’t disclose all the money the Lodi Mayor and Council gave to Scorzetti’s
political campaign. Spiniello didn’t disclose the fact that Donald Scorzetti just
negotiated the LEA's contract without disclosing his conflicts of interest on the
BOE’s Doctrine of Necessity Resolution.
A better option: The Mayor and Council should pick a different Chief; one that is honest, nonpolitical, and respected by the community. The Lodi Police Department has candidates that meet this criteria.
From today’s public notice:
In
order to enter into the contract, said contract needs to be approved by the
Mayor and Council as evidenced by a Mayor and Council Resolution. The Mayor and
Council of the Borough of Lodi consists of one
Mayor and four council persons for a total of five votes and in order to have a
quorum, there must be at least three of said five persons voting. However, the
Mayor and three (3) council persons have conflicts of interest or potential
conflicts of interest on voting to approve the contract with Scorzetti or
voting upon a resolution approving said contract, which would then leave merely
one council person left to vote but one council person would not constitute a
quorum. Therefore, the Doctrine of Necessity must be invoked to permit the
Mayor and all council persons to vote upon the Contract and Resolution.
9.Besides being Deputy Chief of the Borough of Lodi
Police Department, Scorzetti was just recently in November 2017 elected as a
trustee of the Lodi Board of Education which term
commenced January 1, 2018. Therefore, the specific conflicts of interest or
potential conflicts of interest are described as follows:
a.Mayor
Emil Carafa, Jr. is a former principal of the Washington Elementary School in Lodi, New Jersey and his daughter is employed by the Lodi Board of Education as a teacher;
b.Councilwoman Patricia Licata is employed by the
Lodi Board of Education as a teacher. In
addition, Patricia Licata's daughter-in-law Dina Licata has been employed by
the Lodi Police Department since April 2011 as a
records clerk and married Patricia Licata's son Frank Licata in 2017;
c.Councilman
Albert DiChiara's wife is employed by the Board of Education as a teacher;
d.Councilman
Vincent Martin's wife works for the Lodi Board of
Education as a teacher's aide for the Pre-K class, and Vincent Martin was a
former member of the Lodi Police Department before
his retirement and Scorzetti was his supervisor; and
e.Councilwoman
Laura Cima has no known conflicts or potential conflicts.
10.The foregoing conflicts or potential
conflicts could be construed as a possible violation of N.J.S.A. 40A:9-22.5
Code of Ethics for Local Government Officers or Employees under jurisdiction of
Local Finance Board and therefore court intervention is sought in the case at
hand for Declaratory Relief, Judgment and Court Order permitting the Mayor and
Council to invoke the Doctrine of Necessity and vote accordingly. 11.Despite
the conflicts or potential conflicts, the Mayor and council persons have
indicated that notwithstanding the conflict or potential conflict they each
believe that they can act fairly and impartially in this matter.
This really long, $1,232.55 public notice appeared in today's paper:
Alan P. Spiniello FILED Attorney at Law MARCH 28, 2018 NJ Attorney ID #014151985 MENELAOS W. TOSKOS, J.S.C. 45 Essex Street Hackensack, New Jersey 07601 (201) 489-3377 Attorney for Plaintiff Borough of Lodi -------------------------------------------------- SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF THE :CHANCERY DIVISION: :BERGEN COUNTY BOROUGH OF LODI : GENERAL EQUITY : PLAINTIFF : CIVIL ACTION C-89-18 : : ORDER TO SHOW CAUSE --------------------------------------------------- SUMMARY ACTION THIS MATTER being brought before the court by Alan P. Spiniello, Esq. attorney for Plaintiff, the Borough of Lodi, seeking relief by way of summary action pursuant to R.4:67-1(a), based upon the facts set forth in the Verified Complaint filed herewith; and the Court having determined that this matter may be commenced by Order to Show Cause as a summary proceeding pursuant to R.4:67-1(a) and for good cause shown. IT IS on this 28th day of March, 2018, ORDERED that any interested party opposing the within application or the relief requested in the Verified Complaint in this matter shall appear and show cause on the 24th day of May, 2018 before the Superior Court, Chancery Division, General Equity, Civil Part, before the Honorable Menelaos W. Toskos , at the Bergen County Courthouse, 10 Main Street, Courtroom No. 424, Hackensack, New Jersey 07601, at ten 10:00 o'clock in the fore noon, or as soon thereafter as counsel can be heard, why an Order and Judgment should not be entered as follows: A. Declaring that the Mayor and Council of the Borough of Lodi may discuss and approve a contract between the Borough of Lodi as employer and Donald Scorzetti as employee as Chief of Police of the Borough of Lodi negotiated by the Municipal Manager Vincent J. Caruso despite any conflict or potential conflict pursuant to the Doctrine of Necessity and same shall not be deemed to be a violation of N.J.S.A. 40A:9-22.5 Code of Ethics et seq. or any other statute, code, ordinance or regulation of like import; B. Declaring that the Mayor and Council of the Borough of Lodi may discuss and adopt a Mayor and Council Resolution approving a contract between the Borough of Lodi as employer and Donald Scorzetti as employee as Chief of Police of the Borough of Lodi negotiated by the Municipal Manager Vincent J. Caruso despite any conflict or potential conflict pursuant to the Doctrine of Necessity and same shall not be deemed to be a violation of N.J.S.A. 40A:9-22.5 Code of Ethics et seq. or any other statute, code, ordinance or regulation of like import; C.For such other relief as the Court deems equitable and just. And it is further ORDERED that: 1. Any interested party who wishes to be heard with respect to any of the relief requested in the Verified Complaint or this Order to Show Cause shall file with the Clerk Civil Part Bergen County and serve upon the attorney for the Plaintiff at the address set forth above, a written answer, an answering affidavit, a motion returnable on the date this matter is scheduled to be heard, or other response to this Order to Show Cause and to the relief requested in the Verified Complaint by May 10, 2018. Filing shall be made with the Clerk Civil Part Bergen County at 10 Main Street, Hackensack, New Jersey 07601. Such responding party shall also file with such Clerk Civil Part Bergen County by the foregoing date a proof of service upon the Plaintiff. 2. Any interested party who fails to timely file and serve a response in the manner provided in paragraph 1 of this Order to Show Cause shall be deemed in default, the matter may proceed to judgment without any further notice to or participation by such defaulting party in interest, and the judgment shall be binding upon such defaulting party in interest. 3.All interested parties are hereby advised that a telephone call to the Plaintiff, to the Plaintiff's attorney, to the Clerk Civil Part Bergen County, or to the court will not protect your rights; you must file and serve your answer, answering affidavit, motion or other response with the filing fee required by statute. The check or money order for the filing fee shall be made payable to the Treasurer State of New Jersey of the County where this matter is being heard. If you cannot afford an attorney, you may call the Legal Services office in the county in which you live. A list of these offices is provided. If you do not have an attorney or are not eligible for free legal assistance through the Legal Services office, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these office numbers is also provided. 4.If no interested party timely files and serves a response to this Order to Show Cause as provided for above, the application may be decided by the court on or after the date this matter is scheduled to be heard, and may be decided on the papers without a hearing, provided that the Plaintiff has filed a proof of service and a proposed form of judgment as required by paragraphs 7 and 9 of this Order to Show Cause. 5.If an interested party timely files a response as provided for above, the court may entertain argument, on the date this matter is scheduled to be heard. 6.The Plaintiff must file and serve any written reply to the response of a party in interest by May 17, 2018. The reply papers together with a proof of service must be filed with the Clerk Civil Part Bergen County. 7.Plaintiff shall submit to the Clerk Civil Part Bergen County an original and two copies of a proposed form of judgment addressing the relief sought on the date this matter is scheduled to be heard (along with a postage-paid return envelope) no later than five (5) days before the date this matter is scheduled to be heard. 8.A copy of this Order to Show Cause, the Verified Complaint and all Affidavits and/or Certifications and Brief submitted in support of this application, shall be published in the Bergen Record and posted on the Borough of Lodi Municipal Website within 10 days of the date hereof which shall be deemed to be original service of process in accordance with the Rules of Court and R. 4:67-3, R. 4:4-3 and R. 4:4-4, this Order to Show Cause being original process. 9.The Plaintiff shall file with the Clerk Civil Part Bergen County a proof of publication of the documents required by paragraph 8 above no later than five (5) days before the date this matter is scheduled to be heard. 10.The court will entertain argument, but not testimony, on the return date of the Order to Show Cause, unless the court and parties are advised to the contrary no later than 7 days before the return date. /S/ Menelaos W. Toskos, J.S.C. Directory of Superior Court Deputy Clerk's Offices County Lawyer Referral and Legal Services Offices ATLANTIC COUNTY: Deputy Clerk of the Superior Court Civil Division, Direct Filing 1201 Bacharach Blvd., First Fl. Atlantic City, NJ 08401 LAWYER REFERRAL (609) 345-3444 LEGAL SERVICES (609) 348-4200 BERGEN COUNTY: Deputy Clerk of the Superior Court Civil Division, Room 115 Justice Center, 10 Main St. Hackensack, NJ 07601 LAWYER REFERRAL (201) 488-0044 LEGAL SERVICES (201) 487-2166 BURLINGTON COUNTY: Deputy Clerk of the Superior Court Central Processing Office Attn: Judicial Intake First Fl., Courts Facility 49 Rancocas Rd. Mt. Holly, NJ 08060 LAWYER REFERRAL (609) 261-4862 LEGAL SERVICES (609) 261-1088 CAMDEN COUNTY: Deputy Clerk of the Superior Court Civil Processing Office Hall of Justice 1st Fl., Suite 150 101 South 5th Street Camden, NJ 08103 LAWYER REFERRAL (856) 482-0618 LEGAL SERVICES (856) 964-2010 CAPE MAY COUNTY: Deputy Clerk of the Superior Court 9 N. Main Street Cape May Court House, NJ 08210 LAWYER REFERRAL (609) 463-0313 LEGAL SERVICES (609) 465-3001 CUMBERLAND COUNTY: Deputy Clerk of the Superior Court Civil Case Management Office 60 West Broad Street P.O. Box 10 Bridgeton, NJ 08302 LAWYER REFERRAL (856) 696-5550 LEGAL SERVICES (856) 691-0494 ESSEX COUNTY: Deputy Clerk of the Superior Court Civil Customer Service Hall of Records, Room 201 465 Dr. Martin Luther King Jr. Blvd. Newark, NJ 07102 LAWYER REFERRAL (973) 622-6204 LEGAL SERVICES (973) 624-4500 GLOUCESTER COUNTY: Deputy Clerk of the Superior Court Civil Case Management Office Attn: Intake First Fl., Court House 1 North Broad Street Woodbury, NJ 08096 LAWYER REFERRAL (856) 848-4589 LEGAL SERVICES (856) 848-5360 HUDSON COUNTY: Deputy Clerk of the Superior Court Superior Court, Civil Records Dept. Brennan Court House--1st Floor 583 Newark Ave. Jersey City, NJ 07306 LAWYER REFERRAL (201) 798-2727 LEGAL SERVICES (201) 792-6363 HUNTERDON COUNTY: Deputy Clerk of the Superior Court Civil Division 65 Park Avenue Flemington, NJ 08822 LAWYER REFERRAL (908) 236-6109 LEGAL SERVICES (908) 782-7979 MERCER COUNTY: Deputy Clerk of the Superior Court Local Filing Office, Courthouse 175 S. Broad Street, P.O. Box 8068 Trenton, NJ 08650 LAWYER REFERRAL (609) 585-6200 LEGAL SERVICES (609) 695-6249 MIDDLESEX COUNTY: Deputy Clerk of the Superior Court, Middlesex Vicinage 2nd Floor - Tower 56 Paterson Street, P.O. Box 2633 New Brunswick, NJ 08903-2633 LAWYER REFERRAL (732) 828-0053 LEGAL SERVICES (732) 249-7600 MONMOUTH COUNTY: Deputy Clerk of the Superior Court Court House P.O. Box 1269 Freehold, NJ 07728-1269 LAWYER REFERRAL (732) 431-5544 LEGAL SERVICES (732) 866-0020 MORRIS COUNTY: Morris County Courthouse Civil Division Washington and Court Streets P. O. Box 910 Morristown, NJ 07963-0910 LAWYER REFERRAL (973) 267-5882 LEGAL SERVICES (973) 285-6911 OCEAN COUNTY: Deputy Clerk of the Superior Court 118 Washington Street, Room 121 P.O. Box 2191 Toms River, NJ 08754-2191 LAWYER REFERRAL (732) 240-3666 LEGAL SERVICES (732) 341-2727 PASSAIC COUNTY: Deputy Clerk of the Superior Court Civil Division Court House 77 Hamilton Street Paterson, NJ 07505 LAWYER REFERRAL (973) 278-9223 LEGAL SERVICES (973) 523-2900 SALEM COUNTY: Deputy Clerk of the Superior Court Attn: Civil Case Management Office 92 Market Street Salem, NJ 08079 LAWYER REFERRAL (856) 935-5629 LEGAL SERVICES (856) 691-0494 SOMERSET COUNTY: Deputy Clerk of the Superior Court Civil Division P.O. Box 3000 40 North Bridge Street Somerville, N.J. 08876 LAWYER REFERRAL (908) 685-2323 LEGAL SERVICES (908) 231-0840 SUSSEX COUNTY: Deputy Clerk of the Superior Court Sussex County Judicial Center 43-47 High Street Newton, NJ 07860 LAWYER REFERRAL (973) 267-5882 LEGAL SERVICES (973) 383-7400 UNION COUNTY: Deputy Clerk of the Superior Court 1st Fl., Court House 2 Broad Street Elizabeth, NJ 07207-6073 LAWYER REFERRAL (908) 353-4715 LEGAL SERVICES (908) 354-4340 WARREN COUNTY: Deputy Clerk of the Superior Court Civil Division Office Court House 413 Second Street Belvidere, NJ 07823-1500 LAWYER REFERRAL (908) 859-4300 LEGAL SERVICES (908) 475-2010 Alan P. Spiniello SUPERIOR COURT BERGEN COUNTY Attorney at Law FILED NJ Attorney ID #014151985 MARCH 28, 2018 45 Essex Street LAURA A. SIMOLDONI Hackensack, New Jersey 07601 Deputy Clerk (201) 489-3377 Attorney for Plaintiff Borough of Lodi -------------------------------------------------- SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF THE : CHANCERY DIVISION: : BERGEN COUNTY BOROUGH OF LODI : GENERAL EQUITY : PLAINTIFF : CIVIL ACTION C-89-18 : : VERIFIED COMPLAINT : --------------------------------------------------- SUMMARY ACTION The Plaintiff, Borough of Lodi, a municipal corporation of the State of New Jersey, with offices located at One Memorial Drive, Borough of Lodi, County of Bergen, State of New Jersey 07644, says: FIRST COUNT 1.The Borough of Lodi is a municipal corporation of the State of New Jersey ("Borough"). The Borough operates under the Municipal Manager Form of Government Law pursuant to N.J.S.A. 40:79-1 et seq. 2.Vincent J. Caruso ("Caruso") is the Municipal Manager of the Borough of Lodi and has been serving in that capacity from January 1, 2017 to the present date. Prior to that time Caruso served as Chief of Police of the Lodi Police Department until his retirement from the Police Department on July 1, 2014. Pursuant to N.J.S.A. 40:82-4 the Municipal Manager shall (d) "Appoint and remove all department heads and all other officers, subordinates and assistants for whose selection or removal no other method is provided in this subtitle, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the municipal council"; and (e) "Negotiate contracts for the municipality subject to the approval of the municipal council...". 3.Similarly, Borough of Lodi Ordinance 192-1 entitled "An Ordinance creating and establishing the Administrative Code of the Borough of Lodi, County of Bergen, State of New Jersey, in accordance with the form of government known as the Municipal Manager Form of Government pursuant to N.J.S.A. 40:79-1 et seq. Section 3-4 (d) provides that the Manager shall (d) "Appoint and remove all department heads and all other officers, subordinates and assistants for whose selection or removal no other method is provided by law, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the council"; and (h) "Negotiate contracts for the Borough subject to the approval of the council...". In the case at hand, the Chief of Police is the department head of the Lodi Police Department and therefore the appointment and contract negotiation must be made by the Municipal Manager. 4.In or about February 2018, the Borough received notice that Vincent Quatrone ("Quatrone") Police Chief of the Borough of Lodi would be retiring effective March 1, 2018. Quatrone has been serving as Police Chief of the Borough since Caruso's retirement as Police Chief of the Borough on July 1, 2014. Since Caruso was the former Chief of Police of the Borough and is currently the Manager of the Borough, he is intimately familiar with the workings and personnel of the Lodi Police Department. 5.Deputy Chief of Police Donald Scorzetti ("Scorzetti") has been serving as Deputy Chief of Police of the Borough of Lodi since January 1, 2017. Since Quatrone's retirement on March 1, 2018, Scorzetti as Deputy Chief of Police has been serving as Acting Chief of Police. Caruso is desirous of appointing Scorzetti as the Chief of Police of the Borough of Lodi since Quatrone has now retired. Caruso as Municipal Manager has the power and authority to make such appointment pursuant to N.J.S.A. 40:82-4(d) and Borough of Lodi Ordinance 192-1 Section 3-4 (d) and to negotiate his contract which negotiation is subject to the approval of the Municipal Council pursuant to N.J.S.A. 40:82-4(e) and Ordinance No. 192-1 Section 3-4 (h). 6.Caruso has negotiated the terms of a proposed contract with Scorzetti which terms and conditions are substantially similar to the contract with Quatrone and the term of the contract will be for a period of three (3) years effective March 1, 2018 with a salary of $181,124.00 for the first year; $184,746.48 for the second year; and $188,441.40 for the third year. 7.In order to enter into the contract, said contract needs to be approved by the Mayor and Council as evidenced by a Mayor and Council Resolution. 8.The Doctrine of Necessity must be invoked by the Mayor and Council of the Borough in order for the contract with Scorzetti and resolution approving said contract to be considered for approval by the Mayor and Council. The Mayor and Council of the Borough of Lodi consists of one Mayor and four council persons for a total of five votes and in order to have a quorum, there must be at least three of said five persons voting. However, the Mayor and three (3) council persons have conflicts of interest or potential conflicts of interest on voting to approve the contract with Scorzetti or voting upon a resolution approving said contract, which would then leave merely one council person left to vote but one council person would not constitute a quorum. Therefore, the Doctrine of Necessity must be invoked to permit the Mayor and all council persons to vote upon the Contract and Resolution. 9.Besides being Deputy Chief of the Borough of Lodi Police Department, Scorzetti was just recently in November 2017 elected as a trustee of the Lodi Board of Education which term commenced January 1, 2018. Therefore, the specific conflicts of interest or potential conflicts of interest are described as follows: a.Mayor Emil Carafa, Jr. is a former principal of the Washington Elementary School in Lodi, New Jersey and his daughter is employed by the Lodi Board of Education as a teacher; b.Councilwoman Patricia Licata is employed by the Lodi Board of Education as a teacher. In addition, Patricia Licata's daughter-in-law Dina Licata has been employed by the Lodi Police Department since April 2011 as a records clerk and married Patricia Licata's son Frank Licata in 2017; c.Councilman Albert DiChiara's wife is employed by the Board of Education as a teacher; d.Councilman Vincent Martin's wife works for the Lodi Board of Education as a teacher's aide for the Pre-K class, and Vincent Martin was a former member of the Lodi Police Department before his retirement and Scorzetti was his supervisor; and e.Councilwoman Laura Cima has no known conflicts or potential conflicts. 10.The foregoing conflicts or potential conflicts could be construed as a possible violation of N.J.S.A. 40A:9-22.5 Code of Ethics for Local Government Officers or Employees under jurisdiction of Local Finance Board and therefore court intervention is sought in the case at hand for Declaratory Relief, Judgment and Court Order permitting the Mayor and Council to invoke the Doctrine of Necessity and vote accordingly. 11.Despite the conflicts or potential conflicts, the Mayor and council persons have indicated that notwithstanding the conflict or potential conflict they each believe that they can act fairly and impartially in this matter. 12.There is a pressing need for the Borough to appoint a new Chief of Police since the March 1, 2018 retirement of the former Chief Quatrone leaves the Borough without a Chief of Police which Chief is required by pursuant to the Borough Table of Organization and is needed to protect the health and safety of its residents. There is no alternate forum which can grant the relief sought and the Mayor and council are unable to act since they would not have a quorum without the members in conflict taking part. 13.As a result of the foregoing, the Doctrine of Necessity must be invoked pursuant to Allen v. Toms River Regional Board of Education, 233 N.J. Super 642 (1989) and cases that followed. WHEREFORE, Plaintiff, Borough of Lodi demands judgment or order as follows: A.The Mayor and Council of the Borough of Lodi may discuss and approve a contract between the Borough of Lodi as employer and Donald Scorzetti as employee as Chief of Police of the Borough of Lodi negotiated by the Municipal Manager Vincent J. Caruso despite any conflict or potential conflict pursuant to the Doctrine of Necessity and same shall not be deemed to be a violation of N.J.S.A. 40A:9-22.5 Code of Ethics et seq. or any other statute, code, ordinance or regulation of like import; B.The Mayor and Council of the Borough of Lodi may discuss and adopt a Mayor and Council Resolution approving a contract between the Borough of Lodi as employer and Donald Scorzetti as employee as Chief of Police of the Borough of Lodi negotiated by the Municipal Manager Vincent J. Caruso despite any conflict or potential conflict pursuant to the Doctrine of Necessity and same shall not be deemed to be a violation of N.J.S.A. 40A:9-22.5 Code of Ethics et seq. or any other statute, code, ordinance or regulation of like import; C.For such other relief as the Court deems equitable and just. Dated: March 20, 2018 /S/ ALAN P. SPINIELLO ALAN P. SPINIELLO Attorney At Law Attorney for Plaintiff Borough of Lodi CERTIFICATION PURSUANT TO RULE 4:5-1 I certify that the within matter is not the subject of any other proceeding or arbitration proceeding and that no such proceeding is contemplated and there are no non-parties who should be joined in the action. Dated: March 20, 2018 /S/ ALAN P. SPINIELLO ALAN P. SPINIELLO Attorney At Law Attorney for Plaintiff Borough of Lodi RULE 1:38-7 CERTIFICATION OF REDACTION Alan P. Spiniello of full age being duly sworn upon his oath deposes and says: 1.I am the attorney for the Plaintiff in the above captioned matter. 2.I make this Certification pursuant to New Jersey Court Rule 1:38-7. 3.I certify that confidential personal identifiers have been redacted from documents now submitted to the Court and will also be redacted from all documents submitted in the future pursuant to Rule 1:38-7(b). I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. /S/ ALAN P. SPINIELLO Alan P. Spiniello Dated: March 20, 2018 VERIFICATION STATE OF NEW JERSEY ) SS. COUNTY OF BERGEN ) Vincent J. Caruso, of full age, being duly sworn upon his oath, according to law, deposes and says: 1.I am the Borough Manager of the Borough of Lodi. 2.I have read the annexed Verified Complaint and know the contents thereof and the same are true to my knowledge, except as to those matters therein alleged to be stated on information and belief, and as to those matters I believe them to be true. /S/ VINCENT J. CARUSO VINCENT J. CARUSO Sworn and Subscribed to before me this 20th day of March, 2018 /S/ Alan P. Spiniello Alan P. Spiniello, An Attorney at Law, of the State of New Jersey Attorney at Law FILED NJ Attorney ID #014151985 MARCH 28, 2018 45 Essex Street LAURA A. SIMOLDONI Hackensack, New Jersey 07601 Deputy Clerk (201) 489-3377 Attorney for Plaintiff Borough of Lodi --------------------------------------------------- SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF THE : CHANCERY DIVISION: :BERGEN COUNTY BOROUGH OF LODI : GENERAL EQUITY : PLAINTIFF : CIVIL ACTION C-89-18 : : --------------------------------------------------- MEMORANDUM OF LAW OF PLAINTIFF BOROUGH OF LODI IN SUPPORT OF ORDER TO SHOW CAUSE Alan P. Spiniello, Esq. 45 Essex Street, Suite 103 Hackensack, New Jersey 07601 (201) 489-3377 Attorney for Defendant Borough of Lodi Of Counsel and on the Brief Alan P. Spiniello, Esq. TABLE OF CONTENTS STATEMENT OF FACTS 1 LEGAL ARGUMENT 2 CONCLUSION 7 STATEMENT OF FACTS Plaintiff incorporates herein by reference as if fully set forth at length herein the Verified Complaint as Plaintiff's Statement of Facts. LEGAL ARGUMENT POINT I THE MAYOR AND COUNCIL OF THE BOROUGH OF LODI SHOULD BE PERMITTED TO INVOKE THE DOCTRINE OF NECESSITY IN DISCUSSING AND APPROVING THE CONTRACT BETWEEN THE BOROUGH OF LODI AND POTENTIAL CHIEF OF POLICE OF THE BOROUGH OF LODI DONALD SCORZETTI AND ADOPTING A MAYOR AND COUNCIL RESOLUTION APPROVING SAID CONTRACT The Borough of Lodi is a municipal corporation of the State of New Jersey ("Borough"). The Borough operates under the Municipal Manager Form of Government Law pursuant to N.J.S.A. 40:79-1 et seq. Vincent J. Caruso ("Caruso") is the Municipal Manager of the Borough of Lodi and has been serving in that capacity from January 1, 2017 to the present date. Prior to that time Caruso served as Chief of Police of the Lodi Police Department until his retirement from the Police Department on July 1, 2014. Pursuant to N.J.S.A. 40:82-4 the Municipal Manager shall (d) "Appoint and remove all department heads and all other officers, subordinates and assistants for whose selection or removal no other method is provided in this subtitle, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the municipal council"; and (e) "Negotiate contracts for the municipality subject to the approval of the municipal council...". Similarly, Borough of Lodi Ordinance 192-1 entitled "An Ordinance creating and establishing the Administrative Code of the Borough of Lodi, County of Bergen, State of New Jersey, in accordance with the form of government known as the Municipal Manager Form of Government pursuant to N.J.S.A. 40:79-1 et seq. Section 3-4 (d) provides that the Manager shall (d) "Appoint and remove all department heads and all other officers, subordinates and assistants for whose selection or removal no other method is provided by law, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the council"; and (h) "Negotiate contracts for the Borough subject to the approval of the council...". In the case at hand, the Chief of Police is the department head of the Lodi Police Department and therefore the appointment and contract negotiation must be made by the Municipal Manager. In or about February 2018, the Borough received notice that Vincent Quatrone ("Quatrone") Police Chief of the Borough of Lodi would be retiring effective March 1, 2018. Quatrone has been serving as Police Chief of the Borough since Caruso's retirement as Police Chief of the Borough on July 1, 2014. Since Caruso was the former Chief of Police of the Borough and is currently the Manager of the Borough, he is intimately familiar with the workings and personnel of the Lodi Police Department. Deputy Chief of Police Donald Scorzetti ("Scorzetti") has been serving as Deputy Chief of Police of the Borough of Lodi since January 1, 2017. Since Quatrone's retirement on March 1, 2018, Scorzetti as Deputy Chief of Police has been serving as Acting Chief of Police. Caruso is desirous of appointing Scorzetti as the Chief of Police of the Borough of Lodi since Quatrone has now retired. Caruso as Municipal Manager has the power and authority to make such appointment pursuant to N.J.S.A. 40:82-4(d) and Borough of Lodi Ordinance 192-1 Section 3-4 (d) and to negotiate his contract which negotiation is subject to the approval of the Municipal Council pursuant to N.J.S.A. 40:82-4(e) and Ordinance No. 192-1 Section 3-4 (h). Caruso has negotiated the terms of a proposed contract with Scorzetti which terms and conditions are substantially similar to the contract with Quatrone and the contract will be for a period of three (3) years effective March 1, 2018 with a salary of $181,124.00 for the first year; $184,746.48 for the second year; and $188,441.40 for the third year. In order to enter into the contract, said contract needs to be approved by the Mayor and Council as evidenced by a Mayor and Council Resolution. The Doctrine of Necessity must be invoked by the Mayor and Council of the Borough in order for the contract with Scorzetti and resolution approving said contract to be considered for approval by the Mayor and Council. The Mayor and Council of the Borough of Lodi consists of one Mayor and four council persons for a total of five votes and in order to have a quorum, there must be at least three of said five persons voting. However, the Mayor and three (3) council persons have conflicts of interest or potential conflicts of interest on voting to approve the contract with Scorzetti or voting upon a resolution approving said contract, which would then leave merely one council person left to vote but one council person would not constitute a quorum. Therefore, the Doctrine of Necessity must be invoked to permit the Mayor and all council persons to vote upon the Contract and Resolution. Besides being Deputy Chief of the Borough of Lodi Police Department, Scorzetti was just recently in November 2017 elected as a trustee of the Lodi Board of Education which term commenced January 1, 2018. Therefore, the specific conflicts of interest or potential conflicts of interest are described as follows: a.Mayor Emil Carafa, Jr. is a former principal of the Washington Elementary School in Lodi, New Jersey and his daughter is employed by the Lodi Board of Education as a teacher; b.Councilwoman Patricia Licata is employed by the Lodi Board of Education as a teacher. In addition, Patricia Licata's daughter-in-law Dina Licata has been employed by the Lodi Police Department since April 2011 as a records clerk and married Patricia Licata's son Frank Licata in 2017; c.Councilman Albert DiChiara's wife is employed by the Board of Education as a teacher; d.Councilman Vincent Martin's wife works for the Lodi Board of Education as a teacher's aide for the Pre-K class, and Vincent Martin was a former member of the Lodi Police Department before his retirement and Scorzetti was his supervisor; and e.Councilwoman Laura Cima has no known conflicts or potential conflicts. The foregoing conflicts or potential conflicts could be construed as a possible violation of N.J.S.A. 40A:9-22.5 Code of Ethics for Local Government Officers or Employees under jurisdiction of Local Finance Board and therefore court intervention is sought in the case at hand for Declaratory Relief, Judgment and Order permitting the Mayor and Council to invoke the Doctrine of Necessity and vote accordingly. Despite the conflicts or potential conflicts, the Mayor and council persons have indicated that notwithstanding the conflict or potential conflict they each believe that they can act fairly and impartially in this matter. There is a pressing need for the Borough to appoint a new Chief of Police since the March 1, 2018 retirement of the former Chief Quatrone leaves the Borough without a Chief of Police which Chief is required by purusant to the Borough Table of Organization and is needed to protect the health and safety of its residents. There is no alternate forum which can grant the relief sought and the Mayor and council are unable to act since they would not have a quorum without the members in conflict taking part. As a result of the foregoing, the Doctrine of Necessity must be invoked pursuant to Allen v. Toms River Regional Board of Education, 233 N.J. Super 642 (1989) and cases that followed. It is respectfully requested that the following declaratory relief should be granted: 1.The Mayor and Council of the Borough of Lodi may discuss and approve a contract between the Borough of Lodi as employer and Donald Scorzetti as employee as Chief of Police of the Borough of Lodi negotiated by the Municipal Manager Vincent J. Caruso despite any conflict or potential conflict pursuant to the Doctrine of Necessity and same shall not be deemed to be a violation of N.J.S.A. 40A:9-22.5 Code of Ethics et seq. or any other statute, code, ordinance or regulation of like import; and 2.The Mayor and Council of the Borough of Lodi may discuss and adopt a Mayor and Council Resolution approving a contract between the Borough of Lodi as employer and Donald Scorzetti as employee as Chief of Police of the Borough of Lodi negotiated by the Municipal Manager Vincent J. Caruso despite any conflict or potential conflict pursuant to the Doctrine of Necessity and same shall not be deemed to be a violation of N.J.S.A. 40A:9-22.5 Code of Ethics et seq. or any other statute, code, ordinance or regulation of like import; CONCLUSION For all of the foregoing reasons, it is respectfully requested that the relief requested in the Verified Complaint and Order to Show Cause be granted. ALAN P. SPINIELLO, ATTORNEY AT LAWAttorney for Plaintiff, Borough of Lodi Dated: March 20, 2018 /S/ ALAN P. SPINIELLO Alan P. Spiniello Alan P. Spiniello SUPERIOR COURT BERGEN COUNTY Attorney at Law FILED NJ Attorney ID #014151985 MARCH 28, 2018 45 Essex Street LAURA A. SIMOLDONI Hackensack, New Jersey 07601 Deputy Clerk (201) 489-3377 Attorney for Plaintiff Borough of Lodi ---------------------------------------------- SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF THE :CHANCERY DIVISION: :BERGEN COUNTY BOROUGH OF LODI : GENERAL EQUITY : PLAINTIFF :CIVIL ACTION C-89-18 : : CERTIFICATION OF :EMIL CARAFA, JR. ------------------------------------------ SUMMARY ACTION I, EMIL CARAFA, JR., of full age, hereby certify as follows: 1.I have read the Verified Complaint signed by Vincent J. Caruso Borough Manager of the Borough of Lodi in this matter and incorporate same herein by reference, as if fully set forth at length herein and hereby confirm the facts and statements contained therein as being true, except those that are based upon information and belief and as to those facts I believe same to be true. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: March 20, 2018 /S/ EMIL CARAFA, JR. Emil Carafa, Jr. Alan P. Spiniello SUPERIOR COURT BERGEN COUNTY Attorney at Law FILED NJ Attorney ID #014151985 MARCH 28, 2018 45 Essex Street LAURA A. SIMOLDONI Hackensack, New Jersey 07601 Deputy Clerk (201) 489-3377 Attorney for Plaintiff Borough of Lodi ------------------------------------------------ SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF THE : CHANCERY DIVISION: :BERGEN COUNTY BOROUGH OF LODI : GENERAL EQUITY : PLAINTIFF : CIVIL ACTION : : CERTIFICATION OF LAURA CIMA ---------------------------------------------- SUMMARY ACTION I, LAURA CIMA, of full age, hereby certify as follows: 1.I have read the Verified Complaint signed by Vincent J. Caruso Borough Manager of the Borough of Lodi in this matter and incorporate same herein by reference, as if fully set forth at length herein and hereby confirm the facts and statements contained therein as being true, except those that are based upon information and belief and as to those facts I believe same to be true. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: March 20, 2018 /S/ LAURA CIMA Laura Cima Alan P. Spiniello SUPERIOR COURT BERGEN COUNTY Attorney at Law FILED NJ Attorney ID #014151985 MARCH 28, 2018 45 Essex Street LAURA A. SIMOLDONI Hackensack, New Jersey 07601 Deputy Clerk (201) 489-3377 Attorney for Plaintiff Borough of Lodi -------------------------------------------------- SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF THE : CHANCERY DIVISION: :BERGEN COUNTY BOROUGH OF LODI : GENERAL EQUITY : PLAINTIFF : CIVIL ACTION : : CERTIFICATION OF PATRICIA LICATA -------------------------------------------------- SUMMARY ACTION I, PATRICIA LICATA, of full age, hereby certify as follows: 1.I have read the Verified Complaint signed by Vincent J. Caruso Borough Manager of the Borough of Lodi in this matter and incorporate same herein by reference, as if fully set forth at length herein and hereby confirm the facts and statements contained therein as being true, except those that are based upon information and belief and as to those facts I believe same to be true. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: March 20, 2018 /S/ PATRICIA LICATA Patricia Licata Alan P. Spiniello SUPERIOR COURT BERGEN COUNTY Attorney at Law FILED NJ Attorney ID #014151985 MARCH 28, 2018 45 Essex Street LAURA A. SIMOLDONI Hackensack, New Jersey 07601 Deputy Clerk (201) 489-3377 Attorney for Plaintiff Borough of Lodi ------------------------------------------------ SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF THE : CHANCERY DIVISION: :BERGEN COUNTY BOROUGH OF LODI : GENERAL EQUITY : PLAINTIFF : CIVIL ACTION : : CERTIFICATION OF :ALBERT DICHIARA ------------------------------------------------- SUMMARY ACTION I, ALBERT DICHIARA, of full age, hereby certify as follows: 1.I have read the Verified Complaint signed by Vincent J. Caruso Borough Manager of the Borough of Lodi in this matter and incorporate same herein by reference, as if fully set forth at length herein and hereby confirm the facts and statements contained therein as being true, except those that are based upon information and belief and as to those facts I believe same to be true. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: March 20, 2018 /S/ ALBERT DICHIARA Albert DiChiara Alan P. Spiniello SUPERIOR COURT BERGEN COUNTY Attorney at Law FILED NJ Attorney ID #014151985 MARCH 28, 2018 45 Essex Street LAURA A. SIMOLDONI Hackensack, New Jersey 07601 Deputy Clerk (201) 489-3377 Attorney for Plaintiff Borough of Lodi ------------------------------------------------ SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF THE : CHANCERY DIVISION: :BERGEN COUNTY BOROUGH OF LODI : GENERAL EQUITY : PLAINTIFF : CIVIL ACTION : : CERTIFICATION OF VINCENT MARTIN ------------------------------------------------- SUMMARY ACTION I, VINCENT MARTIN, of full age, hereby certify as follows: 1.I have read the Verified Complaint signed by Vincent J. Caruso Borough Manager of the Borough of Lodi in this matter and incorporate same herein by reference, as if fully set forth at length herein and hereby confirm the facts and statements contained therein as being true, except those that are based upon information and belief and as to those facts I believe same to be true. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: March 20, 2018 /S/ VINCENT MARTIN Vincent Martin April 5, 2018, Fee: $1,232.55 (1,494) 4253177
