Mayor Ravi Bhalla responded late last month to a public censure by the New Jersey Supreme Court of actions he took as a private employer at a law firm years ago.
Members of the Hoboken City Council discussed the matter at the June 20 council meeting. Also at the meeting, the council discussed creating a local Ethics Board after tabling an ordinance to require the mayor to make quarterly reports regarding his second job.
The council may take an initial vote on creating the ethics board as soon as the next council meeting on July 11.
On June 13, the New Jersey Supreme Court censured Bhalla after the state’s Supreme Court Disciplinary Review Board recommended censure for failing to properly fund his former employee’s retirement account in 2008 and 2009.
According to the 16-page Dec. 14, 2017 decision of the board, Attorney Alexander Bentsen worked for Bhalla in 2008 and 2009 (before Bhalla joined the City Council in July 2009). Bentsen, who had a salary of $60,000, asked Bhalla to withhold 10 percent of his gross income to be deposited in an IRA account which Bhalla would match by up to 3 percent. According to the decision, Bhalla did not make the required deposits.
This left Bentsen’s IRA underfunded by $6,208. Bhalla also did not send Bentsen’s 2008 Social Security withholding taxes, totaling an additional $4,000, until 2013 or 2014, the decision alleged.
The mayor told the disciplinary board, according to the document, that he thought the payroll company he had hired took care of the funds for Bensten’s IRA account. According to the decision, after Bhalla was interviewed by the Office of Attorney Ethics seven year later, Bhalla remedied the situation.
“Ravi Bhalla accepts, but respectfully disagrees with the ruling,” said Rob Horowitz, private spokesman for Bhalla, in an email last week. “This was an inadvertent payroll mistake, resulting in the underpayment of an employer match on an IRA retirement program more than 10 years ago when Mr. Bhalla operated his own small law firm. The employee never informed Mr. Bhalla and then waited seven years and filed an ethics complaint. As soon as Mr. Bhalla realized there was an underpayment, he immediately paid the amount due.”
According to the decision, “Bentsen made numerous requests of respondent [Bhalla] to rectify the matter…he did not return ‘the funds’ to Bentsen until 2016 and 2017, only after Bentsen had filed a grievance against him, in August 2015.”
Of this, Horowitz said, “We believe that is overstated. As soon as Bhalla realized he owed the money, he moved to pay it.”
There are five ways attorneys in New Jersey can be disciplined, including admonition, followed by reprimand, censure, suspension, and disbarment.
The board voted 4-3 to recommend censure instead of a three-month suspension of Bhalla’s law license. Three judges out of nine voted for Bhalla to receive a three-month law license suspension, four voted for the censure, and two did not participate.
The disciplinary board said that Bhalla’s actions would have warranted only a reprimand if he had not been admonished once already in 2010 for alleged record-keeping violations and for allegedly paying a client and himself from a check that had not cleared, according to the 16-page Dec. 14 decision.
“In our view, respondent’s nonchalance regarding Bentsen’s missing monies, over the course of six years, including while he was under investigation and then disciplined in another matter, justifies enhancement from a reprimand to a censure,” states the decision.
Bhalla has had brushes with state boards before. He was accused of a state ethics law violation after he voted, on the council in 2010, to award a city contract to the lawyer with whom he shared an office lease. A judge initially ruled against Bhalla, but after another ruling and counter-ruling, the appellate division ruled in Bhalla’s favor in 2016.

Transparency

Meanwhile, the majority of the council, seven of whom are not allied with Bhalla,
introduced an ordinance last month which would require the mayor to report, each quarter, his income from the job, as well as clients or contracts.
In February, the legal firm of Lavery, Selvaggi, Abromitis & Cohen, P.C. based in Morristown announced that it had hired Bhalla to an “of counsel” position. According to his contract, they will pay him $60,000 annually as well as a commission for generating new clients.
After council members were concerned about potential conflicts of interest and that the job might take time from Bhalla’s full-time, $116,000-per-year office, Bhalla responded that his sole focus was Hoboken.
A second vote on the council’s proposed ordinance was tabled at the June 20 council meeting after the city attorney informed the council that it was unenforceable.
According to a memo from the city’s Legal Department, the proposal is invalid as the ordinance “attempts to pass an ethics requirement … which may only be done if the city establishes a local municipal ethics board.”
It also notes that disclosure of clients may violate attorney client privilege.
In response to the tabled ordinance, Bhalla issued a memo to the city council stating that since joining the firm he has “been as transparent and upfront as possible.” He released his employment agreement with the firm after the council questioned it.
He noted that since submitting his answers to 26 questions the council asked him, he had not received any follow-up questions.
In the memo, he stated that as of June 1 he had generated one client to the firm, the Borough of Englewood Cliffs, a town in Bergen County. He said that he had received no commissions as of June 21.
Asked about this contract and how such referrals occur, city spokesperson Santiago Melli-Huber said Bhalla did not know the exact dollar amount of the contract between the Borough of Englewood Cliffs and the firm, but his understanding “is that it was for a few thousand dollars.”
Mellii-Huber said the referral was “routine.” He explained, “A legal colleague involved in the matter had a conflict of interest and asked Mayor Bhalla if the firm would be able to assist.”

Ethics board

As a result of the council having to table the ordinance asking for quarterly disclosure, Council President Ruben Ramos said the Hoboken City Council may seek to create a Local Ethics Board. He had directed the Law Department to have a draft prepared by the July 11 meeting.
According to state law, each municipality of the state may, by ordinance, establish a municipal ethics board that would have six members appointed by the governing body.
The board can review complaints and hold hearings regarding possible violations of the municipal code of ethics or financial disclosure requirements by officials and city employees.
It can also give opinions to local officials or employees as to whether a given set of facts and circumstances would constitute a violation of any provision of the municipal code regarding ethics or financial disclosure requirements.
According to Melli-Huber, Mayor Bhalla supports the decision of the council to create an Ethics Board “if this would further the public’s interest in more transparency and accountability from our elected officials.”

Marilyn Baer can be reached at marilynb@hudsonreporter.com.

Hoboken is set to receive 1,100 first dose Pfizer vaccines to administer to residents the week of March 22, roughly double the amount received in previous weeks.

According to Councilman Phil Cohen, Hoboken received 500 first-dose vaccines per week from the state at the beginning of the vaccination process, but that decreased to about 300 first-dose Moderna vaccines per week more recently, with 500 second doses allocated to seniors.

“This new 1,100 first-dose supply will make a big impact,” he said, thanking Mayor Ravi Bhalla, Hudson County Executive Tom DeGise, and Hudson County Commissioner Anthony Romano.

According to Bhalla, Hoboken’s supply will continue to expand in April as the states receives more shipments of the Johnson & Johnson vaccine.

Two CVS pharmacies at the midtown and uptown locations received an initial set of Johnson & Johnson vaccines.

To check appointment availability, go to https://www.cvs.com/immunizations/covid-19-vaccine.
To preregister for an appointment with the city, go to http://www.hobokennj.gov/vaccinesignup.

According to the state, those eligible include public and local transportation workers, public safety workers, migrant farm workers, members of tribal communities, individuals experiencing homelessness or who live in shelters, seniors over the age of 65, medical professionals, law enforcement, teachers and day care staff, and those with chronic high-risk medical conditions.

Starting March 29, those who work in food production, agriculture and food distribution; eldercare and support; warehousing and logistics; social services support staff; election personnel; hospitality; medical supply chain; postal and shipping services; clergy; and the judicial system will be eligible.

The health department has administered more than 4,135 doses to residents, which includes 2,784 first doses and 1,351 second doses.

Riverside Medical Group is providing appointments and has administered more than 3,800 doses, which includes 3,000 first doses and 800 second doses at their Hoboken location, the majority to Hoboken residents.

Appointments can be made at the Hudson County Vaccine Distribution Center at 110 Hackensack Ave. in Kearny at https://hudsoncovidvax.org/

“The best way we can all get back to normal is to get vaccinated when it’s your turn with the first vaccine available to you,” Bhalla said.  “All three vaccines – Pfizer, Moderna and Johnson & Johnson are safe, effective and are proven to protect us. And until you’re vaccinated, the next couple months are critical in preventing variants from becoming the dominant strain and causing another surge, until vaccines are anticipated to be more widely available to the general public.”

He urged residents to continue to follow CDC guidelines: wear masks, socially distance, and avoid travel.

According to the CDC, those who have received their second doses must wait a full two weeks before they can gather indoors with other fully vaccinated people without wearing masks.

They can gather indoors with unvaccinated people from another household without masks, unless any of those people or anyone they live with has an increased risk for severe illness from COVID-19.

Those who have been vaccinated and are around someone who has tested positive for COVID-19 do not need to stay away from others or get tested unless they have symptoms.

If those who are fully vaccinated live in a group setting and are around someone who has COVID-19, then they are instructed to stay away from others for 14 days and get tested, even if they don’t have symptoms.

Testing still available

According to the latest publicly released figures from the Hoboken Health Department, 3,894 residents have been infected with COVID-19 since the pandemic’s start roughly one year ago. 46 residents have died including a woman in her early 90s, a man in his early 70s, and a woman in her early 50s, which occurred in December and February but were only recently reported to the health department.

To make an appointment for a test with one of the city’s partners, go to https://www.hobokennj.gov/testing.

Restrictions updated

Gov. Phil Murphy has updated indoor capacity restrictions, increasing occupancy to 50 percent for restaurants, cafeterias, and food courts, with or without a liquor license; bars; indoor recreation, amusement, and entertainment businesses, including casinos and gyms; and personal care services like barber shops and nail salons.

These businesses must continue to abide by current health and safety protocols, including face covering and physical distancing requirements.

The governor increased indoor gathering limits from 10 to 25 people and outdoor gathering limits from 25 to 50 people.

Outdoor interstate youth competitions are allowed, but attendees at outdoor sports competitions will be limited to players, coaches, and officials, and up to two parents or guardians per participating athlete. No additional spectators or attendees will be allowed.

“We believe we can confidently take these steps today as our COVID-19 metrics continue to trend in the right direction,” Murphy said. “However, our mask mandate and COVID-19 health and safety protocols remain in effect. I am hopeful that we’ll be able to take further steps in expanding capacity responsibly and incrementally guided by public health data.”

For updates on this and other stories check www.hudsonreporter.com and follow us on Twitter @hudson_reporter. Marilyn Baer can be reached at Marilynb@hudsonreporter.com.

After city officials said that last weekend’s annual St. Patrick’s-themed bar crawls were calmer than previous years, a city spokesman said the city is still not considering bringing back the St. Patrick’s Parade, although the situation may change down the line.
Three weeks ago, the city’s Alcoholic Beverage Control board settled violations with five bars in the city, settlements that meant the bars had to close for several days including this past weekend.
Before the weekend, Mayor Ravi Bhalla spoke to several news outlets about wanting to control the rowdiness from holiday-themed bar crawls.
The “LepreCon” crawls on the first Saturday of March began a few years ago. In 2012, the city’s annual St. Patrick’s Parade was cancelled after former Mayor Dawn Zimmer wanted it to move to a weekday to lessen the accompanying problems with bar crowds and house parties, but the private St. Patrick’s Parade Committee declined to move the parade, instead canceling it. As a result, entrepreneurs started on-line bar crawls the first Saturday of the month.
Police Chief Ken Ferrante said last week that this year’s first Saturday was the calmest he has seen in years, and also less costly – a roughly $97,000 cost to the city compared to $132,000 the previous year.
When asked if the city may start talks with the St. Patrick’s Parade Committee to bring back the parade, Deputy Chief of Staff for Mayor Ravi Bhalla Jason Freeman said simply, “No.”
He added, “The mayor is looking to build upon the progress of this past Saturday. However, if this positive trend continues, then all options are on the table.”
The Hoboken St. Patrick’s Parade Committee included a group of citizens of Irish heritage, and was founded by Helen Cunning. Cunning did not return a phone call last week.
Not everyone was happy with last weekend’s enforcement. Debate raged on the internet over whether the city was punishing only the “problem” bars in the city, or other businesses as well. Some businesses closed voluntarily to avoid the rowdiness or the prospect of being fined.
Other residents supported the city’s actions and appreciated the calm atmosphere in town that day.
On Twitter, a few residents alleged that a SWAT team showed up armed and intimidated guests at a house party on Washington Street before shutting it down.
Ferrante said that the situation was exaggerated and there was no SWAT team in town last weekend. He said it was shut down due to a landlord complaint of noise and overcrowding.

Fewer arrests

According to a press release from the city, arrests during LepreCon decreased by 64 percent (from 11 to four) since last year’s event, ambulance calls decreased by 18 percent (from 28 to 23), and calls for service decreased by 21 percent (from 488 to 386). City ordinance summons, however, increased from 31 to 37, including a summons for a man who jumped into the river on a dare, according to Ferrante. The police rescued him and he was transported to Hoboken University Medical Center. Jumping into the Hudson River from Hoboken has proven fatal in the past.
There were three tavern reports on Saturday, compared to 24 during SantaCon last December.
New Jersey and Hoboken ABC Inspectors reported no violations in any of the bars that were inspected, and the Hoboken Fire Department reported 100 percent compliance with code inspections.
“I am hopeful this is a sign of a downward trend in ‘con’ events,” said Ferrante. “This has been the calmest I have seen it…This past weekend there were no reported sexual assaults, there were no officers injured, and there were no civilians with fractured skulls or permanent injuries. I see it as a success from law enforcement stance.”
Bhalla said, “This year there was a clear understanding of the ground rules between my office, the Hoboken Police Department, and bar owners from across the city. I give a lot of credit to Police Chief Ferrante who took the time to speak with as many bar owners as possible to create a climate of understanding and expectation.”
Ferrante said the weather, parades in other towns, and the bar closures helped.
He said that even with five bars forced to close, “That still left 125 liquor licensed establishments open. The ones that were closed are the bars that are popular with that 21 year old demographic.”
The Black Bear Bar & Grill and Tally Ho closed that day voluntarily. On social media, the Black Bear Tweeted, “As a 30-year Hoboken Resident and business owner, I have made the decision to close Black Bear Bar & Grill and Tally Ho Saloon…my family and staff came to the conclusion that it is the best choice. We are looking forward to working closely with Mayor Bhalla, Chief Ferrante and city officials making sure hospitality establishment conduct business in close partnership with the city….”
Dave Jacey, owner of the Black Bear Bar & Grill and Tally Ho Saloon, was unavailable for additional comment last week.
Ferrante said, “I repeated over and over, the suspensions were not about the Police Department and mayor trying to shut down the bar industry.”
Jason Freeman said, “The mayor hopes that bar owners will consider the financial upside in tailoring their marketing towards the evolving and maturing demographics of Hoboken.”
“We had a total of five house parties that received summonses,” said Ferrante. “I wouldn’t call that a major increase. The last two LepreCons didn’t have any house parties, but during parade year we would see 40 to 50 house parties that would need to be summonsed.”
One local Twitter user wrote, “Literally a SWAT team just showed up to Justin’s apt for no reason.” He did not respond to a message for additional comment by press time.
According to Ferrante, the city’s Emergency Services Unit was not called to any house parties, but officers did have to shut down the party in question due to a noise and overcrowding complaint from the building’s landlord. He said the landlord approached four officers across the street, telling them that he was worried that the floor might collapse from the weight of the crowd and that he had posted signs stating no parties would be allowed.
Ferrante said the renters were issued a disorderly house summons.

Marilyn Baer can be reached at marilynb@hudsonreporter.com.

Ever since Gov. Phil Murphy said on the campaign trail last year that he wanted to legalize recreational marijuana and expand medical marijuana access, Hoboken officials and residents have wondered whether the Garden State will follow states like Colorado and Oregon and allow recreational marijuana sale and use within city limits. Since the substance is not legal in New York, and neighboring towns such as Weehawken have recently moved to ban its sale and use in commercial establishments, Hoboken’s neighbors may take a train or bus ride to the mile-square city to indulge. And that has some people talking about what sort of boundaries, if any, City Hall needs to set.
The state already permits medical marijuana usage for those who have a prescription, under tight restrictions. The management of a medical marijuana dispensary in nearby Secaucus expects it to open this spring, the first such facility in the area.
If marijuana growing, sale, and use are legalized in New Jersey, local officials would have to look at how their current laws (such as those restricting smoking in parks and near schools) would have to be changed to regulate the use and sale.
According to a poll released by Monmouth University on Thursday, six in 10 New Jersey residents support legalizing marijuana use, with support 11 points higher than it was four years ago.
Most say that such a policy will help the state’s economy, and few think it will lead to an increase in drug crime.
The governing bodies in Weehawken, Union City, and Jersey City have already proposed regulations to deal with aspects of marijuana sale in their towns.
Hoboken’s officials have not made similar moves yet, although Councilwoman Tiffaine Fisher asked on Twitter in March what residents thought about the potential for New Yorkers to come to the city to smoke. Of the 20 respondents, some said it should be allowed in town, but only with special zoning, while others want it kept out of the city and were worried about an influx of New Yorkers.
Mayor Ravi Bhalla said last week that the city is monitoring what is happening at the state level. So far several bills have been introduced regarding the legalization of recreational marijuana sale and possession. Currently the state legislature is holding public hearings across the state to gather opinions on legalization. The first hearing was conducted at Middlesex County College last weekend and the next hearing is scheduled for April 21 at Rowan University.

Mayor’s thoughts

Bhalla said last week that he believes legalization “would be a big step forward for racial justice.”
“As a civil rights attorney, I view this from the lens of criminal justice reform,” said Bhalla. “Black and Hispanic residents are disproportionately targeted at a high rate for minor infractions compared to the rest of the population. Legalization would be a big step forward for racial justice. Disproportionate arrests of minorities in Hoboken for minor personal marijuana usage is both discriminatory and a major waste of police resources that would be better spent on real crimes.”
But will the sale, use, and growing be regulated in Hoboken?
Bhalla said he believes that if marijuana is legalized, the state should consider limiting the sale to an online mail order system, available only for state residents.
“This will allay concerns – legitimate or not — of brick and mortar retail dispensaries causing quality-of-life challenges,” said Bhalla. “This incremental approach has been taken successfully by other jurisdictions around the country.”
Quality of life concerns expressed by those interviewed, both residents and officials, included smoke in the streets, kids seeing it, and dealing with more visitors from New York.
Council President Ruben Ramos said the council has begun to discuss and research possible future actions they could implement in Hoboken, such as updating the city’s zoning to specify where and how recreational marijuana could be sold, if the council wants to allow the sale at all.
He said the updates could be included in the city’s master plan reexamination as well, a blueprint for the future of the city.

Quality-of-life concerns

Residents had mixed views on the matter last week.
Emily, a resident of six years who was strolling on Washington Street last week, said, “I don’t want to be walking on my way to go get groceries and have someone exhale the smoke in my face when I walk down the sidewalk.”
However, the state has laws pertaining to where substances can be smoked including: not within public parks, outside cafes, and not within 20 feet of any municipal building.
The New Jersey Smoke-Free Air Act defines smoking as the “means of burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked.”
City spokesman Santiago Melli-Huber says such laws will also pertain to smoking marijuana if it is legalized.
“Although it doesn’t specifically mention marijuana, the city’s law department believes this includes marijuana as the act includes ‘any other matter that can be smoked,’” said Melli-Huber who noted that it also applies to electronic cigarettes.
Julio Medina who works at a local smoke shop on Washington Street, said that although he supports the sale and use of medical marijuana, he has concerns with recreational marijuana’s impact on daily life.
“I don’t think it should be permitted, because I don’t think it allows people to be very productive, but that’s just me personally,” said Medina.
He did not want to speak on its possible effect on the business.
Ramos said he has heard from some parents who are concerned that marijuana might be displayed in storefront windows.
He said the city could implement zoning changes including restrictions on where marijuana is placed in a store.
Fisher said she has heard from residents who were worried about an influx of New Yorkers.
Bhalla said this is not a major concern. “We welcome all visitors to Hoboken who want to respectfully experience our city, and there is no evidence to suggest that marijuana causes violent or destructive behavior in the way that alcohol can,” said Bhalla. “If New York City residents do come here to buy and use marijuana, my expectation is this will benefit the many wonderful restaurants in Hoboken.”
Ramos said he believes that it could be an economic benefit to some local establishments, but the city may not benefit directly from recreational marijuana sale. He believes there should be a tax.
“As of right now the [state’s] bill doesn’t include any type of tax that could go to a municipality,” said Ramos. “I’d like to see an incentive like the hotel tax for hotels where a portion goes to the municipality.”

Surrounded by action

There might also be an influx from neighboring towns, whose governing bodies have banned the sale of the substance in their limits.
To Hoboken’s west, the Union City Board of Commissioners voted on Feb. 13 to prohibit the operation of facilities that cultivate, manufacture, test, or sell marijuana within the city limits.
The ordinance states that this decision was made in order to preserve public health, safety, and welfare of the city and its residents.
“The city has determined that businesses that sell and distribute medicinal and recreational marijuana require special concern for security,” states the ordinance.
To the north, Weehawken has amended its zoning to ban the commercial sale, growth, distribution, and use of marijuana in retail/commercial establishments.
To the south, the Jersey City council voted on April 11 to delay adoption of an ordinance to ban growing and selling recreational marijuana in the city. They want to give the public more opportunity to speak out about the issue.
Ramos said the council is focusing on other matters right now, but will look at marijuana eventually. “We are working on infrastructure upgrades like paving Washington Street, the municipal budget, park designs, and Union Dry Dock,” said Ramos. “We have a lot of things going on and this isn’t at the top of the list. The state hasn’t legalized it yet and it will definitely be awhile before there is a vote on the bill.”

Marilyn Baer can be reached at marilynb@hudsonreporter.com.