Frank DiMaria
Frank DiMaria (DiMaria) testified on behalf of Luna. He stated that he has been a certified public accountant (CPA) for over forty-years, and has an accounting firm, DiMaria and associates. DiMaria testified that he is a registered municipal accountant and a public school licensed public accountant. He stated that he specializes in providing accounting services to public sector clients. DiMaria has been the public auditor for the Borough since 1999.
DiMaria testified as to the events that occurred in 2012 when the Borough CFO and Budget Officer retired. As explained by DiMaria, the retirement of both individuals in 2012 resulted in the Borough appointing Cuccia and Treasury Services to resolve the issue of not having a CFO and Budget Officer. DiMaria stated that the Borough Council had no concerns working with Cuccia giving his strong reputation in the municipal finance community. On direct examination DiMaria answered as follows concerning Cuccia:
Q: Okay. And based on your decades in the business, what is your -- what is his reputation ?
A: Charles Cuccia?
Q: Yeah.
A: Charles Cuccia has been known as a top notch --official, administrator and CFO, auditor, accountant, manager, he serves (out of microphone range) -- reputation for many, many years. I have a lot of respect for him and he’s very well respected in the finance community.
[1T:134:5-18]
DiMaria stated that in addition to Cuccia he helped with the search for a CFO, but Cuccia and Treasury Services proved to be the “best fit” for the Borough. DiMaria further confirmed that Luna played no role or part in the engagement of Treasury Services or appointments of Cuccia to CFO and Biondi to Treasurer, having recused himself from all matters before the Borough Council relating to same.
DiMaria stated the following on direct examination:
Q: To your knowledge did Tony Luna recommend that the mayor and council hire Charles Cuccia as CFO?
A: No.
Q: To your knowledge did Tony Luna recommend that the mayor and council appoint Sheryl Biondi as treasurer?
A: No. Understand, these council people knew Charles [Cuccia], they were working (out of microphone range) they all knew how long he’s been around. He was not a stranger to the council, so it’s not like he needed an introduction or couldn’t speak with the council one on one, or -- or not show up at a council to explain some-thing. He’s -- he’s already in the circle of these people so it’s not like a stranger was being brought in, they felt, as I did, that “Listen, if we could get a guy like this to oversee this transition we’d be lucky.” So he didn’t need a recommendation, he spoke for himself.
Q: Was Tony Luna present for any of the votes? Let me rephrase that question. Do you recall if Tony Luna was present for any of the votes that contained Mr. Cuccia’s services?
A: He -- I remember between the work sessions and the public meeting he would recuse himself when the discussions would start talking about this and Sheri was part of it.
Q: Did he say why he was recusing himself?
A (Out of microphone range) -- he just said, “I’ll let you guys talk this out, I’m going to step back.”
Q: Everybody knew what?
A: Everybody knew why he would step out, he was recusing himself so we could talk about dealing with the contract -- that his daughter was part of it and it would -- confidence, so he stepped out, voluntarily. It was a regular thing twice a month.
[1T:138:5-25; 139:1-14]
On cross motion, DiMaria testified that in 2012 the Borough search was a “combination” of the CMFO, treasurer and Budget Officer. DiMaria stated:
Q: In 2012 was there also a search for a company other than Treasury Services to perform the financial tasks for the borough?
A: Was there a search for -- I don’t think so, Idon’t remember. We would’ve entertained anything, though, any -- any combination of qualified people the borough was opened to, any combination.
