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Underwood Case

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Kath1948:
Gee Tuscany, If you're comparing John Zisa to John Gotti, I think all they have in common is their first name. It sounds like you have a personal vendetta, to me. Keep away from the Gallo!

midniteangel:
LOL....the mayor of Carlstadt was mayor for something like 30 yrs! and all the cops are related in one way or another and soooooooooooooooooo corrupt....there's only 5,000 ppl in the town and ther almost as many cops...LOL...they make thier own laws too....Hack waaaaaaaay out does other towns in just about everthing!

Editor:
As reported by the New Jersey League of Municipalities:

In a decision handed down on May 1, 2006, the New Jersey Appellate Division upheld a mayor's right to rely on the advice of his municipal attorney concerning a possible conflict of interest, in the case of In the Matter of John F. Zisa, Mayor, City of Hackensack (Docket No. A-3219-04T5), the Court reversed the holding of the Local Finance Board that the defendant mayor had violated the Local Government Ethics Law by participating in a vote concerning the paving of a planned municipal parking lot in which the mayor planned to rent spaces for the use of a tenant in a building he owned. In deciding that the mayor's participation did not constitute a conflict of interest, the Court also reversed the Local Finance Board's holding that the mayor did not have the right to use the defense that he relied upon the advice of counsel.

The Court stated that while it was in agreement with the Board that the advice of counsel is not an absolute defense to violation of the Local Government Ethics Law, it was reasonable for the mayor to rely on such advice in this case. The Court did not find the basis for the Board's decision, that there was no written notation or opinion setting forth this advice by the attorney and that the mayor was a long time public official, persuasive.

Instead, the Court looked to the Opinion of the Executive Commission on Ethical Standards, In re Howard , 93 N.J.A.R. 2d (Vol. 5A) 1, affirmed as modified, 94 N.J.A.R. 2d (Vol. 5 A) 1 (App. Div. 1994). It held that there were four requirements for reliance on the opinion of counsel defense, They were: 1) that the advice was received prior to the action taken 2) that the individual who offered the advice possessed authority or responsibility with regard to ethical issues 3) that the individual seeking advice made full disclosure of all pertinent facts and circumstances and 4) that the individual complied with the advice, including all the restrictions contained in it.

The Court found that the advice given to the mayor by the municipal attorney in this case met all of these requirements, and that therefore the mayor had the right to rely on the advice of counsel in this case. The opinion can be accessed here.

Other news sources:

WNBC: Fine Against Former Mayor Dismissed By Court

The Record:  Ex-mayor not guilty of ethics violation

average Joe:
congratulations Mayor Jack!
so  the "record" was behind the whole thing?
why am i not surprised??

ericmartindale:
Now that the Underwood Case has been resolved, I have a suggestion for our new mayor, Marlin Townes.  Perhaps he can do a similar deal associated with the new Transit Village planned around the Essex Street train station transit village project.

Let’s get more specific.  Mayor Townes could purchase the Edna B. Conklin orphanage at Essex and Green Street from the County for $3 million.  Then he could lease it back to the County for $1 million a year.  That’s $10 million a decade, a profit of $7 million just in the first 10 years.  And who cares if the County taxpayers are getting screwed in that deal because he, the mayor, would be making personal profit.  And it gets better. Mayor Townes wouldn’t have to worry about the enormous expense of buying land for the parking for his new property. There’s a way to avoid that cost, and also evade the cost of paying property tax on the parking area. Since he knows that the city is building parking for the new redevelopment, all he has to do is lease 45 spaces from the proposed Transit Village project at Essex and Green Streets.

If he does get fined and accused of having a conflict or interest, all he has to do is deny any wrongdoing and keep appealing the case. Eventually, he'll be able to raise both arms in the air, with two fingers on each hand spread open to form V's.

Any interest, Mayor Townes, in doing your own little tag-along project?  The precedent has already been set, and the courts have ruled that it was totally legal. It looks like you could definitely get away with it. So go ahead, do it.

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