Calligy hired; meeting questionable Former official gets school job, but personnel talk at mayor's home draws concern
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But the hiring brought about some controversy, as the day before the meeting, city officials attended a gathering at the mayor's home where they ended up discussing the hiring, in possible violation of the state's Open Public Meetings Act.
Fourteen local officials attended the gathering. Several of them said last week that they did not believe the meeting was a violation because it was a political gathering. At least one official said that attendees received calls just days before the meeting asking them to attend.
Calligy will be working as an assistant to the school board's business administrator. One of his duties will be to act as head custodian for the school district, replacing the former custodian, and he will oversee the maintenance and management of the district's facilities.
Another of Calligy's duties will be to help implement and oversee projects that come about through the $50 to $100 million in state Abbot "special needs" funds the city will get for new buildings and maintenance.
The day before, the following people were at the meeting at the mayor's house at which the hiring was discussed: Mayor Roberts, six members of the Hoboken City Council, five members of the Board of Education, State Sen. Bernard Kenny, and Hudson County Freeholder Maurice Fitzgibbons. The six City Council members and five Board of Education members each represent a majority of both bodies.
None of those officials have denied that they were at the meeting. According to one official, the hiring was openly discussed.
The state's Open Public Meetings Act, also known as the "Sunshine Law," states that all public meetings must have adequate notice and be open to the public. It defines meetings as gatherings attended by a voting majority of a public body, and where the policy or the business of that body is discussed.
If city officials want to discuss someone's hiring in advance of a regular public meeting, they can hold an advertised caucus meeting. If the matter is private, they can vote to go into closed session.
However, there are several exceptions to the definition of a meeting. A social gathering or chance meeting of more than a majority is not considered a meeting. Also, a political caucus called to discuss political strategy is exempted from being called a public meeting.
But is a person's hiring "political"?
Arlene Turinchak, the general counsel for the New Jersey Press Association, said Friday that a political caucus should only convene with the purpose of discussing political strategy. She added that discussing matters that are scheduled to be voted on could be a violation of the Open Public Meetings Act if there is more than a quorum of the board.
The penalty section of the state statute provides for fines of $100 for the first offense, and between $100 and $500 for any subsequent offense.
According to Turinchak, if in violation, a governing body can remedy the situation by repeating the entire conversation into the record at a scheduled public meeting.
One law case from the 1980s suggested that a political meeting in which government business was discussed is a violation. However, at that meeting, county business was the main topic, not a side topic.
In 1986, the New Jersey Superior Court found that a private meeting of an all-Democratic majority of the Gloucester County freeholders' board violated the Open Public Meetings Act "notwithstanding attendees' belief that the meetings were not in fact public meetings."
At the first meeting in question, a proposed landfill site was the sole topic of discussion by the Democratic freeholders, and an attorney and consultants were present.
The written decision described the meeting, which was determined to be illegal, thusly: "The December 10 [1984] meeting, held at the home of the assistant county counsel for environmental affairs, was attended by the five Democrat members of the board..."
In a statement through the mayor's spokesperson, Michael Estevez, the mayor denied that there was a violation of the Open Public Meetings Act.
"What transpired was an informal gathering with food and refreshments, where the mayor listened to the views of elected officials," said Estevez. "The reason that this administration was elected in the first place was because the mayor listens to what others had to say. In no way did [the mayor] dictate the operation of any of the city's governing bodies."
The statement added that the mayor takes umbrage to accusations that his administration is not practicing open government. "It's incredulous that someone would actually have a problem with a mayor giving others the opportunity to speak their mind," it said.
City Council President Tony Soares, who was at the meeting, said that in his opinion there was no violation that took place.
"There was nothing odd going on," said Soares. "I was invited to the mayor's house to meet with fellow City Council members. We're allowed to meet and discuss politics." Soares added the topic of Calligy came up, but was hardly the focal point of the meeting. "It was mentioned that he was going to be hired," he said, "but I don't really remember what was discussed."
Soares added, "It was bright as day. Nobody drew the curtains in his living room. We went in there, we had a political meeting, and we left. We had some light dinner and discussed things. It's proof we were willing to listen. There are disgruntled people trying to stir the pot who want jobs. If you look at the former mayor's administration, they would have back room meetings and they'd get dictated to. Dave Roberts wanted the opinion of the people who supported him, and he listened and we gave feedback."
Board of Education President John R. Raslowsky confirmed that he was at the meeting, but said that he did not think the meeting violated the Sunshine Law.
"The meeting did happen, but I don't think any decisions were made in anticipation of the board meeting," he said. "In my six months on the board I have in no way have been involved in anything that could be construed as a violation of the Open Public Meetings Act."
Calligy praised in past
While serving as director of environmental services under Mayor Russo for eight years, Calligy was one of the few City Hall officials who actually won praise from Russo-critics for his work. He was in charge of the maintenance of all of the city's buildings and of city cleanup operations.
A new debate had recently surfaced before the board. The Economic Development Authority, the state agency responsible for doling out the Abbott Funds to urban districts, has approached the Board of Education with a proposal to build two new schools to replace the high school and one of the two middle schools.
Whatever the board approves, Calligy will an instrumental in the implementation of any major project that uses Abbott Funds.
"This is really a continuation of my public service," Calligy said last week, "and I hope I can bring some of the quality of serve to the Board of Education that I brought to the city."
Police Chief Carmen LaBruno, who worked closely with Calligy when he was with the city, gave him a glowing review. "The Board of Education has hired an employee who is extremely competent, honest and extremely dedicated," said LaBruno Thursday.
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