Since the City Council passed an ordinance last year to re-establish the city’s Ethical Standards Board, they said last week that maybe it’s time to actually appoint members and get it running.
The purpose of the board is to look into and make rulings on possible conflicts of interest by city officials.
At a City Council caucus on Feb. 6, several council members said it’s time to appoint members to the board.
Council President Mariano Vega said last week that the council will work with the mayor to fill the board by April.
The board was originally formed in the early 1990s, but was abolished in 2003 by the vote of the City Council when a power struggle developed between the council members and then-Mayor Glenn Cunningham.
The board was split over investigating one of Cunningham’s employees, and some council people complained that the board might just be used for politics.Why they want it now
The purpose of the board is to uphold the city’s ethics code, which directs municipal employees not to use their position to gain special privileges or engage in political activity during work hours.
Since Jersey City presently does not have its own board, the state’s Division of Local Government Services can investigate complaints.
Some councilpersons would like to the local board appointed soon, in light of recent news regarding an ordinance to establish set rates for off-duty police officers. The ordinance was drafted by Police Lt. Thomas Comey, who – it turns out – has ties to a security firm that employs off-duty officers.
If there’s found to be a conflict of interest, the ethics board could either fine him or issue a stern reprimand.
But that situation is just one of several in Jersey City government that might need the scrutiny of such a board. Current issues
The City Council has looked at or been a part of recent matters that might require another look.
There’s Councilman Steve Lipski, who has declared his opposition to the city’s hiring an attorney to research the city’s possible acquisition of the Sixth Street railroad embankment, all while Lipski acknowledges that current embankment owner/developer Steve Hyman is a political supporter of his.
And then there’s Ward B Councilwoman Mary Spinello, who works for the Jersey City Incinerator Authority, an autonomous agency. While she recluses herself from voting on matters pertaining to the Incinerator Authority, her presence has been cited as a conflict of interest since she works in a government agency within the city.
In fact, six out of the nine members of the City Council also hold paid county jobs.
Then there’s the off-duty police matter. Ward E City Councilman Steven Fulop said he would like to see a new ethics board as soon as possible, in light of the recent revelations that Jersey City Police Lt. Tom Comey’s wife Phyllis owns a security firm, Direct Response. The firm employs off-duty police officers.
“You have a top police official like Comey running a security firm,” said Fulop. “From my standpoint he has a personal connection even though he says his wife actually runs the firm. That needs to be investigated by an ethics board.”
Fulop also said that Comey and Police Chief Robert Troy have been asked to discuss the matter at a future council meeting.
Fulop said that he has asked city Corporation Counsel Bill Matsikoudis to work with Mayor Healy to start filling the board as soon as possible.
However, the way the ordinance stands, four of the six members are allowed to work for the city in some way. So the ethics board itself might have conflicts.
Lipski, who supports the return of the ethics board, made that point. He said he welcomes the board even if they will investigate him for a possible conflict of interest on the Sixth Street Embankment.
“I have no problem with a future ethics board as it pertains to me,” said Lipski. “I have a problem with how you structure the ethics board, and a problem of who you appoint.” ‘
Lipski would like to see Healy proceed carefully in the process rather than rush in response to Fulop’s call for the board to start immediately. History of ethics board
New Jersey has a Local Government Ethics Law that was enacted in 1991. This law governs the ethical behavior of state government employees, making sure they don’t engage in activities that would constitute a conflict of interest. The Local Finance Board in the Department of Community Affairs Division of Local Government Services (DCA) performs certain functions under this law.
By state law, cities and counties can create their own ethics boards, and their ethics codes have to follow the state ethics code.
Around the time the state’s ethics law was passed, the Jersey City Ethical Standards Board was created during the tenure of former Acting Mayor Joseph Rakowski, but the board was not officially active until 1993 under former Mayor Bret Schundler.
The last Jersey City ethics board that existed was abolished in February 2003. Mayor Glenn Cunningham vetoed the ordinance the council approved that abolished the board. But the council overrode the mayor’s veto.
At the time, Cunningham felt there was a need for an ethics board because of federal investigations that led to the indictment of former Hudson County Executive Robert Janiszewski and Hudson County freeholders William Braker and Nidia Davila-Colon. But the City Council believed board was being used by the mayor’s office for its own political ends, and hadn’t been holding meetings.
At the time, the board consisted of three Democrats – Rev. Alex Santora, Rev. Dean Fraser, and Maher Khalil, and three Republicans – Alan Bardack, Wilfred Garcia and Christopher Shamburg. The structure of the board
According to the ordinance passed last year to re-establish the board, the board will consist of six members, with two of whom are members of the public. The others can work for city government.
Also, no more than three members can be of the same political party.
Two of the members will serve for a five-year term, one for a four-year term, and the remaining three members, for a three-year term.
The members will be appointed by Mayor Jerramiah Healy with the council voting to approve the appointments.
Lipski said there would definitely have to be changes to the ordinance before any board was filled.
Lipski’s suggestions include making the terms longer for the board members, to avoid influence from any mayor or city official. He also said they should have five or seven members in order to ensure there is some kind of majority, with three Democrats, three Republicans and one political independent. Ricardo Kaulessar can be reached at rkaulessar@hudsonreporter.com