Athony Luna.
Anthony Luna (Luna) testified that he commenced his involvement in public office in 1972 when he was elected to the Lodi Board of Education, then councilman, mayor and then borough manger from 2005 to 2015. Luna stated that he did not play a role in the appointment of Treasury Services, Cuccia, or Biondi, as those appointments were made by the Borough Council and Mayor.
He stated that at the time of the Borough’s “emergency finance crisis” in 2011-2012, he participated in the search for assistance by contacting various local politicians, community leaders, and other officials well-versed in municipal finance. He confirmed that he first called Cuccia because had been Borough manager before, and he had an “excellent reputation” as an expert in municipal finance management.
Luna testified that he never solicited any contract or appointment with Treasury Services, Cuccia, or later, his daughter, Sheryl Biondi. Luna stated that he had no involvement with the submission of Treasury Services’ proposals to the Borough in 2012 and later years. He testified that he did not even see the proposals prior to consideration by Council at a public meeting. Luna stated that he did not recommend the Borough contract with Treasury Services or appoint Cuccia or Biondi to statutory positions that could only be filled by the Borough Council and Mayor.
Luna stated that the contracts with Treasury Services were negotiated by the Borough Attorney Spiniello, who also prepared the appointing resolutions. Further, Luna testified that he recused himself from any Borough business involving Treasury Services, Cuccia and his daughter, Biondi to avoid the appearance of any conflict of interest, and even testified that he never wanted his daughter Biondi to work as the Borough Treasurer.
Luna provided the following testimony concerning the appointment of Biondi:
Q: Did there come a point in time when the Borough’s treasurer’s position became vacant?
A: Yes, at the same time both had retired.
Q: And who actually filled the role of treasurer?
A: Cheryl Luna, my daughter.
Q: Did you discuss this opportunity with her prior to her appointment?
A: Never did.
Q: And who appointed her?
A: Mayor and council.
Q: Did you recommend to the mayor and council that she be appointed?
A: No, I didn’t recommend, because I didn’t want her there.
Q: Why didn’t you want her there?
A: Well, Lodi is so politically volatile that I knew the political repercussions that would be out there. I didn’t want her to go through that heartache. I didn’t want to. She had her real life at the time and I didn’t want her to go through it. So that’s why she didn’t even mention it to me, because she knew it would lead to an argument.
Q: Did you facilitate her appointment in any way?
A: No way.
Q: Did you personally receive any (out of microphone range) gain or (out of microphone range) as a result of her appointment?
A: Absolutely not.
Q: Did you personally receive any (out of microphone range) gain or (out of microphone range) as a result of Treasury Services’ appointment?
A: No.
Q: Did Sherrie Biondi live with you in 2012?
A: No.
[2T:84:18-86:3]
On cross examination, Luna stated that there were times when he negotiated contracts on behalf of the borough but not on “statutory matters.” He affirmed that he did seek out Cuccia in helping him and the Borough hire a replacement for the CFO and Chief Budget Officer, because of their imminent retirement. He stated that he was not aware that the Borough’s financial system (Edmund’s system) was outdated until Cuccia and DiMaria informed him of the same and that sometime in 2012, Cuccia submitted a proposal to update the Edmund’s system. Luna testified that when Cuccia submitted the proposal he “immediately recused myself and wasn’t there for any presentation of his proposal, and I took myself out of that loop.” (2T:94:4-6).
Further on cross examination, Luna stated that there were times the Borough council and mayor would rely on his recommendations for contract services for the Borough but that he did not participate at all in the proposals submitted by Cuccia. Luna also affirmed that he knew his daughter Biondi was working for Treasury Services at the time Cuccia presented the proposal and that he informed the Borough council of the same and recused himself from any discussion.
