Cuccia provided the following testimony:
Q: So back in the early 2012 time frame, were you otherwise employed elsewhere?
A: Yes. In 2012 I was employed as the administrator and CFO in the Borough of Saddle River and part time CFO in Maywood and part time CFO in (out of microphone range).
Q: And were you looking initially to take on another position?
A: Initially, yeah.
Q: Did you solicit the borough manager to hire Treasury Services?
A: I did not.
Q: Did you solicit the borough manager to hire you as the CFO?
A: No.
Q: At some point in time did you eventually submit a proposal to the Borough?
A: Yes.
Q: And to whom did you submit a proposal?
A: The proposal went to the borough clerk to be reviewed by [the] mayor and council. It’s the manner in which Treasury Services functions. It’s been my policy in that business that we don’t do any work without a proposal.
Q And why did you submit a proposal?
A Because I knew that the issue that they were having trying to fill the CFO’s position and the problems they were having with the planning system needed a bigger program in order to correct it and get it back on track.
[2T:16:21-17:25]
As to Biondi’s involvement with Treasury Services and her appointment by the Borough in 2012, Cuccia testified that he had a long-standing professional relationship with Biondi since 2005, and she was not “just brought in” for purposes of the proposal. Cuccia denied any “quid pro quo” arrangement with Luna regarding the Treasury Services proposal,(and stated that Luna had “no involvement” with the proposal. (2T:21:1-12).
Cuccia also testified that Luna recused himself from Borough matters involving his daughter and/or Treasury Services, and Luna did not negotiate the contracts, did not sign the contracts, and otherwise was not involved with Treasury Services, Cuccia’s engagement or the appointment of Biondi by the Borough.
On cross examination, Cuccia was presented with his answers in a certification (J-27) and Interrogatories (J-25) which stated that the proposals were presented to Luna and then the mayor and council. On redirect, Cuccia then testified that presenting the proposals to Luna meant Luna agreed to receive them for submission to the mayor and council to be placed on the meeting agenda.
