Saturday, March 6, 2010

How To Motion Reform Without Really Trying

After being caught in a scheme so complex that the Bergen Record had to use a flowchart to diagram the many donors and recipients of campaign cash while still being ELEC compliant, the folks at Borough Hall are finally considering reforming existing laws.

So how does one make the motions to reform without seemingly intent on doing so?

1.  Post Public Notice on Borough Website seven hours before meeting (page 2, items 7 and 8);
2.  Advise non-committee members that they are precluded from voting, effectively dissuading them from attending;
3.  Ponder about so-claimed restrictive code on public contracts in Lavalette;
4.  Whine about the long, arduous and the complex process to get the final product just right;
5.  Spend a good portion of time on unrelated issues;
6.  Punt "real work" to the next meeting.

Yeah, let's hear from from all those contractors who have been "hurt" from giving generously to their favorite elected officials.  Looks like Lavalette taxpayers have already spoken here (page 1, column 3) and here (page 3, column 2). 

Excerpted from Citizen's Campaign Fact Sheet:

Q:  What about a person’s 1st amendment right to contribute?

A:  Our pay-to-play law is constitutional because municipalities have the power to set the conditions of contracts for professional services. In other words, this is not broad campaign finance reform, but public contract reform.

Q:  Why are only professional contracts included?
A:  Professional Service contracts are “no-bid” contracts. This means that municipalities can set their own standards for hiring professionals- like attorneys, engineers, and auditors. Contracts for such things as snow removal automatically go to the lowest bidder. A town doesn’t necessarily want the lowest bid professional, therefore the council has broad discretion.

Q:  How does pay-to-play impact public tax dollars?
A:  It boosts costs to taxpayers by limiting competition and enabling the favored contractors to pad their charges to cover their political expenditures. It's corrupt and it should be outlawed.

Q:  What towns have passed pay-to-play reform?
A:  As of October, 2007, about 60 municipalities & three counties have adopted the model ordinance, they are: Asbury Park, Atlantic County, Atlantic Highlands, Belmar, Berkeley Twp, Bradley Beach, Cherry Hill, Collingswood, Dover Twp, East Greenwich, East Windsor, Edison Twp, Emerson, Ewing, Evesham, Fair Lawn, Freehold Twp, Hamilton, Hasbrouck Hts, Hightstown, Highland Park, Hillsdale, Hoboken, Holmdel Twp, Hopewell Twp, Lawrence Twp, Lavallette, Manchester, Margate, Marlboro, Mercer County, Metuchen, Millstone Twp, Monmouth County, Monroe (Middlesex), Montgomery, New Providence, Newark, Ocean City, Oceanport, Oradell, Pennington, Ramsey, Red Bank, Ringwood, Saddle River, Sayreville, South Brunswick, Spring Lake, Teaneck, Tinton Falls, Trenton, Upper Freehold, Washington Twp (Mercer), West Milford, Washington (Gloucester), West Windsor, Woodbridge.

Q:  Should towns wait for Comprehensive State legislation?

A:  No, Pay-to-play reform is a simple first-step to reducing the municipal portion of property taxes. A recent state law was passed, giving towns & counties the authority to control how professional service contracts are awarded. By passing this ordinance, contracts would be awarded on merit and cost-effectiveness, and the result is likely to be significantly lower costs.

Q:  By adopting pay-to-play reform, won’t individually wealthy people only be able to afford to run for office?
A:  In fact, pay-to-play provides an insurance policy for career politicians. Since incumbent politicians award the contracts, they get the overwhelming majority of pay-to-play dollars. These pay-to-play funded war chests discourage challengers and eliminate competition. 

Even worse, pay-to-play helps build the power of party bosses. Since county party organizations can take up to $35,000 annually from an individual contributor or business entity, they become the best conduit for contributions aimed at winning or maintaining government contracts. 

These dollars go overwhelmingly to the party who controls county government and allows them to maintain that control and stamp out any opposition. This is why county freeholder boards that used to have a mixture of Democrats and Republicans have moved to nearly all Democratic or all Republican.

Eliminating pay-to-play will help level the playing field and restore competition to elections at all levels of government. It will reduce the advantage that incumbent politicians currently have in fund raising over potential challengers.

Further, ending pay-to-play may motivate some candidates to adopt new techniques for fund raising such as the very successful Internet fund raising from small-and medium sized donors pioneered by Howard Dean and used with tremendous results by Sen. Kerry and President Bush.

While candidates for state, county and local office cannot hope to duplicate the results of a presidential candidate, there is still much untapped potential in this approach.

Q:  Who wrote this ordinance?
A:  Constitutional law experts from the Brennan Center for Justice and members of the Citizens’ Campaign Legal Task Force.

To sum it up, if the reformers are to maintain their credibility, they need to:

1.  Show up (you know who you are, we see you);
2.  Remove your bluetooth headset - do you really need to take that call during the meeting?
3.  Pass ordinance by May 10, 2010 (29 day pre-election report, Primary Election, ELEC reporting).

Stop stalling, you have 60 days.  This is far from rocket science, folks.

Sunday, February 7, 2010

Where does this go?

To the bank or line the birdcage?

Thursday, February 4, 2010

Does Councilman Carrick's vote appear to go to the highest bidder?

At Tuesday evening's M&C meeting, what was traditionally a brief public session turned into an extended discussion between the public audience members on current events, campaign finance reform and pay-to-play.

While everyone is entitled to their opinion, these are the facts:

1.  According to ELEC filing form R-1 signed and dated 05/18/2009, Matthew Carrick acknowledged a campaign contribution of $5,200.00 on 03/04/2009 from T&M Associates on page 2 of Schedule A.
2.  According to ELEC filing form R-1 signed and dated 10/02/2009, Matthew Carrick acknowledged a campaign contribution of $5,200.00 on 09/02/3009 from T&M Associates on page 2 of Schedule A.
3.  On 02/02/2010 Councilman Carrick voted AYE on Resolution #10-70 to appoint T&M Associates as Borough Engineer.

I am told that Mr. Carrick broke no laws. 

But what does that mean? 
Is it okay to do something as long as it is not illegal?
What appearance does this create? 

If I were in this situation, the easiest thing would be to ABSTAIN.  The outcome would have been the same, yet I would be building CREDIBILITY because I was elected into office UNOPPOSED. 

But that's just my opinion.
Feel free to draw your own conclusions.

Councilman Carrick is encouraged to send me his rebuttal. 
It will be posted right here.

Sunday, January 17, 2010

Hybrids in Dumont - Rocket Science?

A Recent Record Article showcases the municipalities that are experimenting with hybrid vehicles for their municipal services. Sadly for Dumont, the mayor's committee on green initiatives chairman continues to lead the committee wandering aimlessly, signing off on WVO junk science which ultimately produced no useable results. What was he thinking by not applying for state assistance that offsets financial risk?

How much longer will it take for the Councilman Manna to get it, step aside and let someone else take the helm before further embarrassing all of us?

Saturday, January 9, 2010

Website Contract - The Truth?

On Tuesday evening at the 1/5/10 Reorganization meeting, I asked Mayor McHale whether the borough remained under contract with the website contractor. The mayor responded that the contract did not expire until the end of February.

I then looked at the recently passed resolutions and found Resolution 286 dated 11/24/09, which states:

"WHEREAS, the contract for the current Borough website shall expire in January 2010;"

As clearly seen on the resolution, it was offered by Zamechansky and seconded by Caspare. Councilmembers Caspare, Manna, Riquelme, Stylianou and Zamechansky voted 'YES'. The resolution was signed by Mayor McHale.

Surely I found myself even more surprised when I was browsing through the document repository on bergennow.com (registration required) and found a copy of the contract signed by the borough representative and the contractor C3 dated 12/31/07. According to the contract, the effective date is 1/1/08 with a two year duration. Without an extension provision present, would that make contract expiration on 12/31/09? As I was unable to locate documentation from the council approving a contract extension with C3, is the contract no longer in force?

I am concerned that when contract services like this runs out, the client can be cut off without warning, even if you are Microsoft. A recent Record article noted that when Teaneck switched contractors from C3, C3 encrypted website data that effectively seized access from Teaneck officials. No wonder they were fired. All this, despite C3 being paid over $100,000 for website development and maintenance. Looking at the contract signed by the borough, it appears that C3 owns all content on their servers. As bad as it sounds, C3 appears within its right to seize data produced by Dumont in the same way. Perhaps I have missed something, as I am not a lawyer. Where in the contract is Dumont's investment in content protected? Does $36,000 go down the drain?

I am also worried that the borough is paying excessive fees for a service that appears inadequate for borough needs. In the 11/5/09 minutes it was reported that the current website "does not have the capability to upload council meeting video". Yet the bills list on 12/15/09 listed a check to "C3 Communications" for $18,000. Meanwhile, neighboring municipalities pay a mere fraction for similar product. As for me, I pay $96 to upload council meeting videos for 14 months. Is $18,000 ever a valid expense? Does this line item belong in a bare bones budget?

Perhaps C3 made sense two years ago; however, now that GIS is provided by Bergen County and secure emergency notification offered to municipalities free of charge, how much longer must our elected officials continue to overlook opportunities to eliminate waste?

I am sure there exists a perfectly reasonable explanation for all this; however, please pardon me if I feel more cheated than confused.