Public works bosses convicted of conspiracy, misconduct

‘Following orders’ defense doesn’t pan out

Two suspended North Bergen Department of Public Works supervisors were convicted last week of conspiracy, official misconduct, and other charges. They allegedly assigned municipal employees to work on election campaigns and to complete personal chores during work time for them or for their boss, Superintendent James Wiley.
Troy Bunero, 48, of North Bergen, and Francis “Frank” Longo, 49, of Ridgefield Park, were convicted of second-degree charges of conspiracy, official misconduct and pattern of official misconduct, and third-degree charges of theft by unlawful taking and misapplication of government property. Bunero was also convicted of third-degree tampering with public records and fourth-degree falsifying records for submitting false timesheets.
Both men were supervisors in the DPW, reporting to Wiley, 69, the former superintendent of the department, who pleaded guilty on Sept. 11, 2012 to conspiracy to commit official misconduct. Wiley has admitted that he had municipal employees perform hundreds of hours of work at his home, doing housecleaning, yard work, and special projects, all while being paid by the township. He also admitted to assigning township employees to work on election campaigns.

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“We will not tolerate public officials who abuse their authority and the public resources entrusted to them.” –Acting Attorney Christine General Hoffman
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As part of a plea deal, Wiley agreed to cooperate with the attorney general and serve as a key witness in the trial against Bunero and Longo. He alleged that the two men willingly participated in the scheme to have workers conduct non-work related business on township time.
According to Wiley’s testimony during the trial, “It was part of the procedure in the DPW.” He testified that the process was already in place when he took the job of assistant superintendent at the North Bergen DPW in 1995, and he alleged that he was only passing along orders from his boss, Timothy Grossi.
Grossi is scheduled to go to trial in September for misconduct charges.
“In fact, the first time, I went out I had Frank Longo with me, who also educated me a little bit on how it works,” said Wiley.
The defense claimed that Bunero and Longo were intimidated by Wiley, whom they characterized as a dictatorial, abusive boss. They alleged that he threatened employees with losing their jobs.
Wiley has not yet been sentenced.
The state in turn argued that the two men were hand-picked by Wiley as supervisors and that he hired their relatives as personal favors.
“The defense portrayed Bunero and Longo as little guys who just passed on orders from their boss, but that didn’t square with the fact that the orders included renovating Bunero’s home and painting Longo’s truck,” said Director Elie Honig of the Division of Criminal Justice.
“There’s no dispute that Troy Bunero and Frank Longo selected a group of workers over and over again, ordered them to go to out-of-town elections, and then got them paid and falsified time sheets,” said New Jersey Deputy Attorney General Victor Salgado in his closing statement. “Their response is that the other members of the conspiracy, James Wiley and Timothy Grossi, ordered them to do that.”
He added, “That’s not a defense under the law.”

Campaigns in Jersey City and Bayonne

Bunero worked for North Bergen since 1998 and earned approximately $69,000 a year. Longo worked for the town since 1993 and earned approximately $79,000 a year. Both men were suspended without pay after they were indicted in September 2012.
As supervisors for the Department of Public Works under Wiley they were responsible for assigning workers for their shifts. Bunero was responsible for timekeeping and supervising street sweepers and trash pickup. Longo was responsible for supervising crews that did road repair and construction work. The alleged criminal conduct occurred between January 2006 and February 2012.
According to a statement from the Attorney General’s office, Bunero and Longo were convicted of one count of official misconduct related to political campaign work, for working on election campaigns personally and helping to assign subordinate employees to work on campaigns, all while being paid by the township.
They were convicted in connection with three days when DPW employees engaged in campaign work: (1) Nov. 4, 2008, in connection with a mayoral campaign in Bayonne; (2) May 12, 2009, in connection with a mayoral campaign in Jersey City; and (3) Nov. 2, 2010, in Jersey City, in connection with a campaign for sheriff. The workers engaged in activities such as canvassing neighborhoods, distributing campaign literature, and posting signs.
The two men were convicted of a second count of official misconduct for assigning DPW workers to go to Wiley’s home in North Bergen to do household chores or projects while the workers were on duty or being paid overtime by the township. In addition, DPW workers were used to perform renovations at Bunero’s home and repaint Longo’s pickup truck, which was done in the DPW garage. Bunero and Longo performed work themselves on these projects while being paid by the township.
Longo was convicted of a third count of official misconduct for assigning workers to repair the parking lot of a commercial property.
Because township employees given these assignments typically used vehicles, tools, and equipment belonging to the department, both men were convicted of theft and misapplication of government property.
Bunero was also charged and convicted of submitting fraudulent timesheets related to his own hours and the hours of subordinate employees to cover up the unlawful work done on campaigns and on personal projects.

Sentencing to follow

As a result of the convictions Bunero and Longo are required by law to forfeit their jobs and will be permanently barred from public employment. They are scheduled to be sentenced on Sept. 18. They could face up to 10 years in state prison for each of the second-degree offenses and must serve a minimum of five years without parole for the misconduct charges. The judge will determine if those terms are served concurrently.
Attorneys for the two men are reportedly planning to appeal the verdicts.
“North Bergen residents don’t pay property taxes so that supervisors like Bunero and Longo can treat municipal employees like their personal handymen or like campaign workers to help them curry political favor,” said Acting Attorney General Christine Hoffman. “By sending these men to prison, along with their boss, James Wiley, we send a powerful message that we will not tolerate public officials who abuse their authority and the public resources entrusted to them.”
Phil Swibinski, a spokesman for the township, said, “This decision brings the township one step closer to concluding what has been a very difficult matter for our community. Today the DPW has been completely overhauled, with a new management team in place and a renewed commitment to delivering services honestly and efficiently, while protecting both taxpayers and township employees.”

Art Schwartz may be reached at arts@hudsonreporter.com.

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