Wednesday, December 19, 2012

MORTe legal plea: 'We don't want to vote'

Here's the brief for the filing by Beth Mason with Michael Russo, Tim Occhipinti, and Terry Castellano.

(For those who wish to review over the more tepid council meeting.)

Old Guard turns council showdown into council slow down

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With the temporary delay holding off a first ever full vote of the Jim Doyle, the Old Guard has put off the court ordered vote of all its members tonight.

Perhaps someone won't be at the meeting but knowing the Old Guard council members, they'll all be in attendance since they won't be forced to vote and do their jobs by a standing court order.  For the moment anyway.

Also on the agenda is a $2.65 million emergency appropriation request by resolution.
The full agenda is available here:

Old Guard Council interim request staves off court ordered vote on council appointment of Jim Doyle tonight

City of Hoboken announces:

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Wednesday December 19, 2012, 4:04 PM

City of Hoboken

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Community: Court Ordered Re-Vote on Council Vacancy Postponed

The court ordered re-vote on the proposed appointment of Jim Doyle to fill the City Council vacancy, which had been scheduled for tonight’s Council Meeting, has been postponed. The vote will not occur until the Appellate Division decides whether it will entertain an appeal at this time on the issue of whether Hudson County Assignment Judge Peter Bariso had the authority to order the re-vote.

Judge Bariso had ordered the re-vote last Friday, requiring that all eight City Council members participate. While votes on the appointment were taken in October at the two meetings immediately following the occurrence of the vacancy, the issue has never been considered at a meeting at which all eight remaining Council Members were present. Councilwoman Beth Mason and Councilman Michael Russo were each absent at one of the two October meetings.

At each of the meetings, four City Councilmembers voted in favor of Mr. Doyle's appointment, as did Mayor Zimmer, who is permitted by law to break a deadlock by casting the deciding vote in the event of a tie. At a previous hearing, Judge Bariso ruled that despite the four affirmative votes, the Mayor's additional vote could not be counted unless there were four votes cast against the appointment. As a result, there were not enough votes to fill the vacancy at the October meetings.

Surprisingly, this was not because of insufficient affirmative votes but because, as a result of the absences and abstentions of Councilwoman Mason and Councilman Russo, there were not enough votes cast against the appointment for a tie to exist.

Judge Bariso's ruling ordering all City Council members to participate would ensure that eight votes were cast, making it possible for a tie to occur. A hearing had been scheduled for January 2nd to determine whether any abstentions cast at the re-vote would be counted as "no" votes for the purpose of determining whether the Mayor can cast the deciding vote. If an abstention is considered a "no" vote, four affirmative votes plus the Mayor's vote, as were cast at both the October meetings, would be sufficient to fill the vacancy.

The request for an appeal asserts that Judge Bariso did not have the authority to order the re-vote because more than 30 days has now elapsed since the vacancy arose. While appeals are generally heard only after a final ruling has been made, the application asserts that special circumstances exist requiring the appeal on this issue to be heard prior to a final ruling “in the interests of justice.”

If the re-vote ordered by Judge Bariso is not permitted, the Council seat will remain vacant until December 31st, 2013, potentially resulting in a 4-4 deadlock on important issues.

Grist for the Mill: Old Guard Council applies for emergency stay to stop full council vote tonight

Word on the street is the Old Guard council has filed an emergency application to stop Judge Bariso's order to (finally) hold a full vote of the City Council on the Jim Doyle appointment.

Judge Bariso is reportedly on vacation and so there will be no opportunity to quash the request.

As MSV said just earlier, MORTe is fully invested in this obstruction tactic.

Talking Ed Note: These type of requests are typically not granted but the timing of the request with the holidays breathes life into the Old Guard sabotage.

For now.

Update: Technically this is a request to ask for an interim stay, called an interlocutory appeal.  MSV will try to identify more on this if at all possible.  For those interested, here's more in NJ.

Year end City Council showdown as judge orders council vote tonight

Judge refuses to go along with Old Guard legal scam and orders full vote of council on at-large appointment

Another Old Guard scam comes to ruin at the 2012 City Council finale after Hudson County Assignment Judge Peter Bariso ordered the full eight members of the City Council to vote tonight on Jim Doyle's at-large appointment.

The judge didn't buy the argument the mayor wanted to take "two bites at the apple," as Councilman Michael Russo told the Jersey Journal before he concluded, "that is not how democracy works."

Works as in taking taxpayer money and shirking your responsibility to vote on an appointment?  That's the canard put forward and one Hudson County Judge Peter Bariso clearly didn't buy in the usual legal 30 day timeline for completing a council appointment.

It's apparently easier to scam segments of Old Hoboken than the judge who didn't think sabotaging a vote by hiding out was legitimate.  With that, Hoboken gets another glimpse into the actions of the frustrated Old Guard council looking to wreak havoc on Hoboken to get at the mayor and the reform council members.  (Nothing in comparison to what they attempted against the hospital.)

The vote will be tallied and passed along to the judge for a scheduled hearing January 2nd.  Should the judge confirm abstentions are a "no" vote and the mayor's tie-breaking vote determinative as it was in 2009, expect more of Councilwoman Beth Mason's allowance money to be dedicated to further litigious appeals to stop progress in Hoboken and Jim Doyle's appointment.

As many residents contend with the carnage in the wake of Hurricane Sandy, don't expect MORTe (beth Mason, tim Occhipinti, michael Russo and Terry castellano) to cease their power grabbing ways.  

Councilman Michael Russo: gets a lesson on how democracy works from Hudson County Assignment Judge Bariso
who ordered him, Beth Mason and the full council to vote on the Jim Doyle appointment
The Russo-Mason scam hatched to avoid a full vote within the 30 day requirement failed.

Talking Ed Note: This is exactly who they are and what they do, Hurricane Sandy and the harm to Hoboken residents are mere impediments to their lust for power and (taxpayer) money.  

They could care less about the suffering of residents and their desire to see Hoboken pull together.
Vindictive to the end politics no matter the cost (to others) is how they roll.  

Sign of the Times: Last Call for the Boys of Summer

Tonight is the last Hoboken City Council meeting for 2012.  If a big splash is desired, there would be no better time and place to make a raid.  Of course such fanciful thinking is not likely considering recent visits to Hoboken by the heroes of our Republic, the Boys of Summer.

Let's put it this way, City Hall is not the only locale the Feds are showing interest.  And that my friends is all Da Horsey is going to say.

Hey someone get a Mayan calendar over to the guys in Newark.
We're up against the clock for Hoboken's Mayan transformation.

In related news, the NJ Attorney General Jeff Chiesa announced the indictment of North Bergen's Director of Public Works for ordering employees to perform work on political campaigns along with his personal chores.

Expect to be hearing more from the NJ Attorney General in the coming months.  As readers may recall, there's a file folder in the Attorney General's Office with Tim Occhipinti's name on it with signed affidavits specifying individuals connected to his campaign for voter fraud in 2010.  While there's been no arrest to date, Matt Calicchio who was named in the signed affidavits transformed into a full time paid political operative in service to Councilwoman Beth Mason and the Mason Civic League the following year.

One thing that's clear, the Feds have Hoboken completely surrounded.  All we need is a little love.