Mayor Diaz Does a Tom Petty! I Won’t Back Down!
Lisa Nanton
Council President
PERTH AMBOY – Caucus 3/7/16 – R-129-3/16 Authorizing Emergency Temporary Appropriations to extend CY2016 Temporary Budget in the amount of $9,414,268.05.
Mayor Wilda Diaz was not happy with this. Diaz firmly stated, “I will not sign any resolution or contract not approved by the Administration or CFO.” Councilman Fernando Gonzalez replied back to the Mayor, “We (the Council) can add to the budget.”
Council President Lisa Nanton added comments, “It’s because we wanted an independent lawyer to address Council concerns and the attorney should have no previous ties to the City.”
This prompted Law Director Arlene Quinones-Perez to ask the Council, “What exactly are you investigating? Is it all of the decisions I’ve made since you appointed me? Or is it just about Peter Pelissier (Former Interim/Assistant B.A.)”
Mayor Wilda Diaz
Councilman Fernando Gonzalez stated, “I was not pleased with Peter Pelissier and I consulted the State and the State advised me to get an independent Counsel. I was elected to do this and I would be amiss not to do so. I just want to see if we are right or wrong. The Council can investigate anything that doesn’t seem right.”
Mayor Diaz responded, “Mr. Gonzalez, you should do the math! It’s my budget. Let’s stay focused.
Nanton came back, “The Law Director does not control the budget. Now, I’m getting suspicious.”
Business Administrator
Adam Cruz
Business Administrator Adam Cruz decided that this back and forth confrontation between the Council and the Mayor was not getting anywhere. Cruz told the Council they can go to other entities instead of getting an independent lawyer.
Lisa Nanton addressed the Law Director Quinones-Perez and told her, “Your name is not mentioned in the suit. You should not be afraid of this resolution (hiring an independent lawyer).”
At one point, Chief Financial Officer Jill Goldy came over to talk to the Business Administrator, Adam Cruz. “This the Mayor’s introductory budget. The Council can amend the budget as seen fit. I’m not sure how to go about this procedurally. I was advised not to insert this additional money. On March 23, 2016 the amended budget will be introduced.”
Councilman Fernando Irizarry decided to take the middle of the road solution. “We should amend the resolution to remove the $20,000 we wanted for an independent attorney.”
Councilman
Fernando Gonzalez
Fernando Gonzalez disagreed, “I think we should keep the $20,000 in.”
Nanton sided with the Gonzalez. “The budget is temporary, because it hasn’t been approved. The cost (for an independent attorney to investigate our inquires about Pelissier and other matters) might not even amount to that much.”
CFO Goldy said, “A possible solution might be to issue a separate solution amending the resolution appropriating the insertion of the $20,000 into the budget. We need operating funds to carry us to the end of April.”
Irizarry spoke again and cautioned his fellow Council Members, “Let’s wait until the Mayor introduces her budget. We need to be careful as a Council not to do anything to get us into trouble.”
Naton responded to this, “This is what we are trying to do now.”
Law Director Quinones-Perez told the Council, “The Business Administrator, Myself and the CFO agree. You (the Council) should wait until the Mayor introduces her budget.”
Law Director
Arlene Quinones Perez
Councilman Bill Petrick interjected, “We have to have a line item to add this additional money to the budget.”
Nanton stated, “If we don’t know procedurally what is correct, let’s just put in the additional funds (for independent lawyer) and see what happens.”
Fernando Gonzalez wanted to know if the Council was doing a separate resolution for funds.
The battle was not over yet. There were more fireworks when it came to discussing R-145-3/16 – Authorizing a professional services contract with the firm of DeCotiis, FitzPatrick & Cole to provide legal services for labor and employment, real estate, ABC Matters and additional litigation in an amount not to exceed $275,000.
During the Council Comments, Fernando Gonzalez said, “We should have an individual as our Law Director – not someone who belongs to a firm. The lawyer can advise the Council if there should be other outside law firms for work outside of their particular expertise.”
Quinones questioned Gonzalez’ statement, “We discussed this before and that there would be no savings to the City. I have looked at other cities who have done this. They have not saved money by just hiring an individual attorney.”
Business Administrator Adam Cruz told the Council, “All lawyers have their specific specialties.”
Quinones came back and said, “This is my contract and it will follow me if I leave the City and go to another law firm. This is for my services to the City and my salary. I received a RICE Notice. I want to discuss anything pertaining to my employment in public. I don’t know why my name was removed off of it (R-145).”
During the public portion, some of the residents came up to discuss matters pertaining to Pelissier and Law Director Quinones.
Stanley Sierakowski was the first individual to come up and speak. He told the Council, “It’s not about an investigation, but the appointment of Pelissier. He should have been removed by law – not by the Council. We are investigating the procedure by the Mayor. It’s not about her (Quinones-Perez) contract. You should table the last Resolution (R-145-3/16)
Resident Susan Batista said, “There are three resolutions the Law Director is in conflict with. We are in discovery right now. The Mayor won’t give you $20,000 for independent counsel.”
Daniel Pietro, a resident of Landings came up to speak, “I am concerned to see this sort of discussion is still going on about someone (Law Director Arlene Quinones-Perez) who is highly qualified and has integrity. I am involved with the Latino Action Network that deals with Hispanic Issues. She (Quinones-Perez) is being harassed as a female Latina more so than if she were a white male. She has dealt better with Kushner than any other lawyers. At the Landings 70-82 families are suffering and have been made offers. I’m asking all to be careful on how you (the Council and Audience) conduct themselves.”
When resident Ken Balut came up to speak, he referenced some of the statements that Pietro made. Balut stated, “I’d like to see the Latino Action Group talk to me about unfair labor practices against Latina female employees. Why aren’t you concerned about that? Kushner treats us (the City) like second class citizens, yet he’s investing millions in other cities (building malls). Our Law Director is texting during meetings. How much are law firms charging for bonds? When Blunda did it – it was cost effective.”
Resident Alan Silber came up and said, “Pelissier owes the City money that he received from January 5th to March 1st. It’s not just $7000. The Mayor took over the Council as if you didn’t exist. On November 5, 2015 Councilman Joel Pabon, Peter Pelissier and Quinones had a meeting, and the City was billed $300 for that meeting. I don’t even know if Pabon knew that meeting was being billed. Take a look at that Resolution (R-145) It says: “The DeCotiis Firm.””
Resident Tommy Hudanish said, “I’m disappointed how the public and Council are disrespecting the Law Director. There is a big difference between what happened between Pelissier an the other cities that he’s worked in versus what is happening here. I don’t think the Mayor, the Law Director or the Business Administrator would be concerned if this was just over $7000.”
Next up was Resident Gregory Pabon. He said, “I came up here to speak as a citizen. This should be tabled until this is investigated. I could understand Fernando Gonzalez pushing this because he’s running for Mayor. Is the Council President pushing this because she didn’t want Arlene in the beginning? $80,000 to get back to the City is important.”
Pastor Bernadette Falcon-Lopez spoke next. She was concerned that the Council agreed to allow someone to speak and extra minute, even after that person made an inappropriate comment. Please don’t allow people to come up here and curse.”
Councilman Fernando Irizarry interrupted Pastor Bernie and apologized. He wanted to make a comment about inappropriate behavior. “Can’t we all be civil and not treat each other like dogs? I’m talking about both sides. Let’s respect each other’s opinions.”
Pastor Bernie concluded, “Let’s all try to be peaceful.”
Mayor Diaz came up and spoke in a very stern voice, “I’ve tried to be transparent from the first time I’ve taken office. I’ve worked with the Attorney General, FBI and other State Agencies. I do respect your opinions (the Council) and working with you. You should let the prosecutor do the investigating to save us money. We don’t believe our professionals?” Then looking at Fernando Gonzalez who had a slight smile on his face, she said, “I don’t think this is something to laugh about. There’s not one time that anyone stopped any e-mails to Pelissier.”
The Mayor also addressed criticism when she was accused of not informing the Council of Police/Fire promotions. “I spoke at the State of the City about the last Fire Personnel promotion and about the female Sergeant promotions. We have people who are working past their regular hours. If we do not have this Law Director, it’s going to cost a lot of money to bring new people up to date on pending cases.”
Council President Lisa Nanton told those at the Meeting that no one can terminate the Law Director but the Mayor. “It’s the law. I asked Pelissier not to come to the last Meeting in January. Then we got the letter about the Mayor appointing Pelissier Assistant B.A. effective 1/5/16.”
After Nanton spoke, Law Director Arlene Quinones-Perez wanted to address some misconceptions that were made by residents at this and previous Council Meetings. The first order of business was the article about the Business Administrator in Orange. “That B.A. was ordered to pay back a certain amount money to the City. Quinones-Perez said, “That Orange case consisted of 29 pages. There was an order to show cause filed by the Council. The attorneys for that Business Administrator filed an appeal. That case has no resemblance to what is going on here with the Pelissier case.” Quinones-Perez also rattled off other cities that have filed suits for different departments in the City. One was the City of Orange vs. Brown and Monroe Township vs. Gariboldi. “A lot of people think they are lawyers. We have answered all questions about the Mayor’s appointments and the Business Administrators salaries. I suggest that people look at the meeting of December 7, 2015, specifically at 1.18 and 1.19.”
Then speaking about herself, Quinones-Perez said, “To be berated in public meetings is not pleasant, but the people I meet while walking on the street say they are proud of me. A lot of people check with PolitickerNJ but they are opinion pieces. I go to FactChecker. People are questioning my integrity and qualifications. I put in significant hours. I will soon be sworn in by Supreme Court Justice Sotomayor. I am a part time Law Director and a partner in the DeCotiis Firm. I apologize if I’ve offended anyone and if I’ve done so, I apologize. I’m asking you to please let me do my job. Just talk to the Directors and Employees (about my job performance).
Councilman Joel Pabon was not present for the Meeting.
