Only a few months before the November elections, rumors are flying that the conflict between Hudson County’s dueling Democratic parties is heating up again.
Last summer’s highly-contested primary elections strained many of the relationships between North Hudson’s politicos, as they took sides between the longstanding Hudson County Democratic Organization (HCDO) and the newly formed Democrats for Hudson County (DFHC).
However, the tiff between the two parties may now be affecting the non-profit North Hudson Community Action Corporation (NHCAC), an agency that provides health services and screenings for low-income residents throughout Hudson and parts of Bergen County.
During the monthly meeting of the NHCAC Board of Directors on Aug. 27, the employment contract for CEO Christopher Irizarry (who is also a Union City commissioner) was brought before the board for discussion and possible adoption.
However, 10 minutes before the meeting, attorney Mark Madaio, representing a collective of seven Hudson County mayors, presented a letter asking that all new contracts be halted pending investigation of the board’s practices and membership. There were also concerns expressed over terms in Irizarry’s contract specifically.
“At this point the mayors have expressed some concern that the constitution of the board may not be in accordance with the bylaws,” said Madaio. “We have asked the board council to please look at that, and in the interim, not to take out-of-the-ordinary steps [outside of] the normal course of business.”
According to Madaio, this is a very straightforward matter, and not directed toward anybody in particular.
“I am happy to help,” he added. “There doesn’t seem to be any question that the board does an excellent job and that the corporation does an excellent job.”
However, members of the DFHC, which supported Union City Mayor and Assemblyman Brian Stack for the state senate seat in the 33rd District, are concerned that the recent action by the collective – including HCDO members Nicholas Sacco, mayor of North Bergen, and West New York Mayor Silverio “Sal” Vega, who was Stack’s opponent in the state senate race – is retaliation for Stack’s victory in June.
“I think clearly it’s retaliation for me winning the state senate election,” said Stack. “Obviously they haven’t realized that the people have spoken, so let the chips fall where they may.”
“That’s where it’s wrong,” said Sacco who responded to the comment that it was retaliation. “The contract is the problem. It was inappropriate, and that is why we stopped the [passing of new contracts pending the investigation].”
The NHCAC receives funding from the state, county and municipal levels. The agency’s biggest supporters and partners include the elected officials of the surrounding municipalities. They also have partnerships with some of the leading health organizations in the state.
Questions on representation
One of the main concerns is that the board allegedly does not include proper representation from several of the communities of North Hudson, which is in violation of the agency’s bylaws.
“All we would like to do is see that the board is properly constituted before it takes any significant action,” said Madaio. “The board attorney is looking into membership rosters and bylaws, and looking at what works and if the board can move forward and keep any decision it wants.”
The letter submitted to the board council requests that the board provide copies of membership appointments including minutes of meetings, where appointments were discussed or acted upon. The mayors also requested a list of organizations where the representatives were chosen from.
However, every Hudson County municipality served by the NHCAC has always had at least one representative on the board of directors, which can be the mayor or an appointed representative.
The NHCAC Board of Directors is comprised of about 21 members, including one from each of the six North Hudson municipalities.
“From my understanding this is the first objection to board composition in the prosperous history of the NHCAC,” said Bart Mongelli, general council for NHCAC. “Based upon our preliminary research, all sitting board members are qualified to serve and are unanimously voted upon by all board members, including mayor representatives on the board.”
Will Irizarry lose his position?
The other point of concern is that contracts passed by the board of directors are excessive and inappropriate, including the current employment contract for CEO Chris Irizarry. He has been without a contract since taking the position in March of 2006.
The contract proposed will retain Irizarry’s services at NHCAC for three years, at an annual salary of $139,000 (which is what he currently earns). In addition, upon completion of his term Irizarry will receive a year’s salary as compensation if his contract is not renewed. The contract also stipulates that he cannot be removed from his position without a 2/3 majority vote from the board.
Although the Board of Directors voted to approve the preparation of a contract for Irizarry last July, Mayor Sacco said the terms of the contract were first brought to his attention just a day before the August meeting.
“It didn’t seem to be the proper type of contract,” said Sacco. “I discussed it with other mayors, who agreed with me and [we sought out] an attorney to represent us.”
Sacco and fellow mayors felt that a one-year contract would have been acceptable, and that a 2/3 vote to remove an employee was very strange.
“The contract is extraordinary to say the least,” said Herb Klitzner, town attorney for North Bergen. “For any board to do a hiring and then in the contract bar itself from acting unless by a majority vote [is unheard of].”
“Another [point of concern] is the contract provides that after three years are over, and the board does not want to renew, they give him a year’s salary,” he added. “I know of no other public sector that has these provisions. [However], the board did agree to hold and not take any action [for the time being].”
Although these actions are preventing Irizarry from gaining an employment contract with NHCAC, it does not mean he will not get a contract.
“We are trying to work out some legal issues along with the board council,” said Klitzner. “This does not mean that Irizarry is not going to get the position. That’s up to the board. My issues are legal issues with the board council. Once we straighten those out, the board will do as they see fit.”
‘It’s not personal’
The current actions by the group of mayors have prompted some to think that this is another personal battle in the growing dispute between the HCDO and the DFHC.
However, Sacco maintains that this has nothing to do with any kind of ill-feelings, it’s just genuine concern over the balanced representation on the NHCAC board of directors, and how they conduct business.
“We are now focusing our attention on how the board should be constituted giving each community [proper representation],” said Sacco. “[Right now] it’s very convoluted in how it is established. We are going to see where the problems are and then we are going to correct them.”
“We do appreciate the actions of the NHCAC in the community, it does a wonderful job,” he added. “We just want to make sure each town is represented.”
But the preparation for Irizarry’s contract was brought up in July to the Board of Directors, so if there were concerns why weren’t they brought up sooner?
“I think the proper course, if you have a labor contract, is you bring it up in executive session, where you bring up labor issues involving personnel,” said Richard Turner, mayor of Weehawken. “For 18 months no one has criticized [Irizarry’s] job performance. The agency is a great agency and operating as well as it has for years.”
“All the mayors have representatives on the board, and no one has raised issues about how the agency was being run or [Irizarry’s] job performance,” said Joe Lauro, spokesman for the NHCAC.
The complaints brought forth, however, have not been about Irizarry’s job performance, but about his contract, and how the board operates.
“Almost every employee of a governmental agency or government organization has some form of a contract,” said Turner. “Most labor contracts are for three, four or five years. [Also] in almost every administrative position, if a contract is not renewed there is some provision that extends pay for three to six months to year, if that was an issue they should have discussed that in August.”
According Lauro, the NHCAC finance committee and the Board of Directors voted unanimously at the July meeting to prepare Irizarry’s employment contract. The committee includes representatives from North Bergen, Secaucus, and West New York – cities whose mayors are a part of the collective that objected to the contract.
“I don’t understand how we can be fine in July and have a problem in August,” said Turner. “There has to be some other motivations for the actions being taken given the fact that everyone had a representative on the board in July.” Jessica Rosero can be reached at jrosero@hudsonreporter.com Sidebar New firm will handle legalities for the Board of Ed
At the Union City Board of Education’s last meeting, which took place on Thursday, Aug. 30, the board passed a resolution to retain the services of a new law firm.
For several years, the Law Offices of Chasan, Leyner, and Lamparello, which are based in Newark, have represented the board. The Law Offices of Sue Lavelle and Elise DiNardo, who are based in Union City, is the replacement firm.
DiNardo represented Emilio Del Valle, director of the Cuban Parade Committee of New Jersey, during last summer’s legal battle to let the annual parade march along Bergenline Avenue through West New York.
“Back in May, the Board of Education thought about a change for efficiency and cost reasons, and the [former] existing council was put on a monthly contract since May,” said Superintendent Stanley Sanger. “In early July, the board then chose to put out a request for qualifications (RFQ), which we did receive a [response].”
The Law Offices of Chasan, Leyner, and Lamparello satisfactorily represented the board for about six years, but the board felt it was time for a change. North Bergen Town Attorney Herb Klitzner is also a partner at Chasan, Leyner, Lamparello.
“We were looking for a change and a fresh start, and we are always looking to improve efficiency and costs for the Board of Education,” said Sanger.
However, due to the recent conflicts at the NHCAC it was suggested that the change in firms was due to political reasons. Since Union City Commissioner Christopher Irizarry’s contract as CEO of the NHCAC has been stalled due to a collective of North Hudson mayors – members of the HCDO – it was said that Union City Mayor and state senate candidate Brian Stack of the DFHC had told the Board of Education to make the switch due to the firms ties with North Bergen Mayor Nicholas Sacco of HCDO.
However, the change in firms is only a decision that can be made by the Board of Education, which had discussed making the switch in May and advertised the position in July.
“I don’t know what is going on recently, but this is was something the board thought about doing way back in May,” said Sanger.
The contract for the new law firm became effective Sept. 1, but will allow for a transition period with the previous firm, who will still be under contract for one month.
“It’s so we can allow them to come together and have a smooth transition,” said Sanger. “Starting Oct. 1, the firm of Lavell and DiNardo will be our sole council.”
The firm’s contract is for one year and will be reviewed annually for renewal. They will be receiving $160 an hour per project, which has been the standing rate for all previous firms. – JR