To the Editor:
During a mayoral debate at the Knights of Columbus in 2010, Mr. Mark Smith was furnished with a thick three-ring binder of debating points, and would often refer to them when emphasizing his fidelity to earlier campaign promises: “Promises Made, Promises Kept!’, he thundered on several occasions. And he was not dissimulating.
A campaign promise by Mayor Davis was to “audit the books” of the City of Bayonne, presumably to root out evidence of corruption.
We have not heard much about this promise since early July, and it is still early to pass judgment on Mr. Davis’s sincerity. However, while we are waiting there are ways to get the ball rolling.
We think that the only noteworthy accomplishment of Mr. Corzine was the establishment of the Office of State Comptroller (“OSC”), for the purpose of conducting audits of New Jersey’s sprawling municipalities and public agencies. The OSC has been in business for some years now, and has a record of solid accomplishment in the form of audit reports, as well as recommendations and a list of best practices. More important, the reports are easy to read and provide the citizen with the vocabulary and tools to ferret out fraud or to confirm excellence at city halls across New Jersey.
The website is www.state.nj.us/comptroller
Every citizen should go to the website and start reading all the materials furnished. We particularly encourage members of the City Council to read these reports. We do not believe that the education given by the New Jersey State League of Municipalities provides sufficient education for elected officials and staff of New Jersey towns and cities. In fact, the league is downright hostile to citizens poking their noses into the finances of those towns and cities.
Armed with the knowledge gained from, say, a good 15 hours of reading the reports from the OSC, the following courses of action are possible:
1. Individuals. Civic-minded individuals can now request with great specificity the kinds of documents which the OSC auditors have examined. Fortunately, with a new mayor we are assured that OPRA (Open Public Records Act) requests will not be stonewalled by the City Clerk Robert Sloan. Based upon a review of these documents, the citizen can bring his findings to the attention of his City Councilman, or even to Mr. Terrence Malloy, the Finance Officer for Bayonne. Or publish a letter in the Bayonne Community News outlining the results of the investigation; and perhaps set up a website wherein residents can download and view the report. Every citizen can be an investigative journalist! The scourge of William Dressel’s League of New Jersey Municipalities, and the joy of every patriot.
2. City Council as whole and/or individual members. The council as a whole can speak with the OSC for the purpose of either obtaining the audit programs and other guidance, or even requesting an audit by the OSC. The former head of OSC, Matthew Boxer, could likewise be consulted and asked to recommend former auditors who might be able to conduct audits directly for the City Council.
3. Mayor’s Office. Similarly, the mayor can contact the OSC and pursue the same objectives as the City Council. However, under no circumstances should the mayor imagine that he can rely upon Mr. Malloy or the City’s auditors to essentially audit their own work.
The result of these audits will be as follows:
1. Reimbursement to the City of Bayonne for excess salary and pension benefit contributions subject to statutes of limitations.
2. Civil penalties assessed upon those individuals responsible for fraud or error, again subject to statutes of limitations. Perhaps the termination of any City employees who participated.
3. Criminal penalties for statutory criminal fraud to the extent anyone can ever attract the interest of the Hudson County Prosecutor, the Attorney General of New Jersey, or the U.S. Attorney in Newark.
This is a start. If the citizens of Bayonne truly want good government, then the OSC provides tools for a promising start. Why not give Mayor Davis a nudge?
BRUCE D. KOWAL