Wednesday, January 16, 2013

Jim Doyle appointment passes in 5-4 vote

First vote of the whole City Council ends with Doyle approved as two abstentions to be weighed further by court

As anticipated, the City Council's vote of all members as ordered by the Hudson County Superior Court resulted in a 5-4 vote for Jim Doyle's appointment.  Two of the no votes mirrored prior votes where at different meetings, Council members Beth Mason and Michael Russo voted to abstain.

Corporation Counsel Melissa Longo stated for the basis of the vote, an abstention would be counted as a "no" vote based on her reading of NJ case law.  Mayor Dawn Zimmer stepped up to cast the tie breaking fifth vote.

Assignment Judge Peter Bariso who called for the full council to vote on the appointment will now hear arguments when the vote results are brought to him possibly within a week.  The judge has said he will examine the vote and listen to arguments on both sides how an abstention should be counted.

The abstention votes will be the point of the legal examination with no small irony as both Beth Mason and Michael Russo certainly are a "no" on the idea of Jim Doyle becoming the decisive vote on the council.

Their absences in October are widely understood as being staged creating a court saga costing Hoboken residents tens of thousands of dollars in legal fees after the City absorbed huge losses in the face of Hurricane Sandy.

Beth Mason arrives late but did vote to abstain
as she had in late October. Her family is expected
to sue the people of Hoboken again with
the Russo clan and Tim Occhipinti joining.

Talking Ed Note:  MSV will state its horse sense Assignment Judge Peter Bariso will concur on the consideration of an abstention being a "no" vote.  

The people of Hoboken however can expect that the finality on the matter will likely see additional litigation from Beth Mason and her allies.  Mason who sent out a home mailer claimed along with Hoboken411 the mayor and the council majority sued to stop an election.  

That's a complete fabrication.  It was MORTe who sued to stop Judge Bariso's order for a vote of the full council in December and tried an appeal to the Appellate Court all in the vain hope to stop the vote tonight.

Even with the judicial results this evening and what's anticipated, the people of Hoboken can expect to see more legal bills in the tens of thousands with legal action by Mason, Russo, Castellano and Occhipinti.

Yes, they did complain about legal costs even as they sue the people and are likely aiming to do so again.

Here's the brief discussion leading into the final 5-4 vote.

Order in the court,... uhm City Council. So sayeth the judge

It's Showtime at 7:00.  Jim Doyle vote of the FULL COUNCIL TBD - based on Mason's late arrival.

Video streaming by Ustream
Well it is somewhat odd to be getting ready for a meeting with an open council seat up for a court ordered vote and no one in the regular local media having even mentioned one word of it.

Is there a strike against good news or something?  No bias there, it's just a misunderstanding.  Let's put it in our new 2013 file of Hoboken media coverups and move on.  (Thankfully Katie Colaneri just earlier confirmed our reports with a lead-in to tonight's meeting for Hoboken Patch.)  Jim Doyle's vote is resolution 1b.

Tonight there will be a court ordered vote of the full eight seats at the council on the ninth seat regarding the status of one Jim Doyle - who never has received a full council vote due to the nefarious doings of MORTe, re: Beth Mason and Michael Russo and their staged absences (followed by staged litigation.)

Hudson County Judge Peter Bariso ordered the vote last month but the Old Guard Council made a horrid wobbly throw of a hail mary to the Appellate Court and had that all but ignored as it fell with a thud.  Kaput.

So back to the Judge Bariso's order for a full vote.

Word is Beth Mason will be late but showing up.  What reason for the scheduled lateness is unclear: legal meetings with lawyers, with the Feds in the blue windbreakers, not known.  (Speaking of the Boys of Summer, wasn't it Beth Mason who promised former Councilwoman Carol Marsh information on that dialogue more than a year back?  Now all Mason has is bad words for the councilwoman who she didn't follow up on regarding matters of a Hoboken federal investigation.)

The local media didn't say a word about that one either.

Talking Ed Note: There's lots of year beginning legal work on the agenda too but that's all up in the air as the fifth swing seat on the council is open and it's not likely there won't be trouble from the Old Guard Council of No.

What good is it to sue the people of Hoboken if you can't make more trouble?

Court ordered council showdown: Jim Doyle vote on tap

After a handful of meetings awaiting a full vote of the eight council members, Jim Doyle's time has come.  Not at the barrel of a gun but at the stroke of a pen when the NJ Appellate Court tossed the Old Guard Council's laughable legal argument they were "irreparably harmed" like Florida voters in the 2000 presidential election - but not if they lost their vote - no, if they were made to vote.

Only overpriced, overpaid New York lawyers (and self-absorbed clients) can come up with a legal strategy that bad it drew nothing more than a one word written response: denied.  So full circle we are back as in October with the fun and games as the Old Guard Council weighs strategies to take from the Hoboken voters what is not theirs in the first place: the fifth swing seat on the City Council.

MORTe members Michael Russo, Tim Occhipinti, Beth Mason and Terry Castellano (not pictured) will be forced
to vote by court order tonight on Jim Doyle's appointment.  It doesn't mean they'll stop suing Hoboken people.

Power grabs are what MORTe loves and it's always item number one on their agenda.  If it comes in a midnight power grab to hijack the council presidency or in lawsuits costing Hoboken residents tens of thousands of dollars, so be it. They don't care what you think.  It's not about you, it's about them.

So come Wednesday night, the agenda for the meeting will be incomplete until the court ordered vote is held.  Hudson County Assignment Judge Peter Bariso stands at the ready for the return trip to evaluate the vote as that too will be inevitable.  This is the Old Guard after all and if the Mason checkbook is willing, they are all for it.

It wouldn't be necessary if MORTe voted as they obviously believe and that's a "no" to Jim Doyle.  The idea any of the four exist in some unsure area of "abstain" is of course preposterous considering all the money spent to stop a full council vote to date on his appointment and suing their colleagues and the people of Hoboken.  But the legal papers are already drawn up and ready for the next set of costly filing actions in Hudson County.  Of this there should be no doubt.

Back in 2009 when the council had before it a council appointment for the fourth ward when Mayor Dawn Zimmer was moving upstairs, the Old Guard faced a similar dilemma.  They wanted to wrench the seat from the newly elected mayor but didn't have the votes to do it.  So they came up with an analysis to not all vote no with an eye toward blocking the tie breaking vote by the mayor under state law.

After some legal analysis in the meeting by counsels Ed Buzak and Steve Kleinman, it failed.
Here we are again but this time legal beagle Steve Kleinman is not sitting on Corporation Counsel row but is a junior member among the group of lawyers the Mason family is paying to stop Mayor Zimmer from retaining her voting majority on the council.

In 2009, then Corporation Counsel Kleinman gave a lot of thought and deference to Ed Buzak on how an abstention is counted.  In the end, he agreed it was a "no" vote but felt from a legal perspective it could be litigated with a possible different outcome.

Here we are three years later and it's Mason Family "Civic" legal leading the Old Guard down the path to an inevitable return to the courts.

Tonight we won't have a definitive answer, however Hoboken will have a definitive vote.  Beth Mason can go for her morning conference calls with lawyers as she likes.  Nothing is going to stop Judge Bariso's court order she and her MORTe pals must vote up or down on Jim Doyle's council appointment.

Hoboken will get a council appointment vote but the People
will most likely be seeing more tax dollars wasted.
MORTe will sue Hoboken people again!

Talking Ed Note:  Jim Doyle has sat in the audience at council meetings watching each go by without a full vote of the council but the time is neigh.  Last year MSV advocated for a change in the time set aside for public comment.  Instead of allowing the grandstanding, arguments and other business to take the meetings past midnight before the public could be "heard," the suggestion was to move it near the front.

The Reform council members embraced and approved the idea while the Old Guard Council members were completely opposed to the measure.  They much prefer to force the public to listen to them and their spinning/grandstanding for hours and they most definitely do not like having to hear from the public other than when someone shows up hat in hand.

Begging is tolerated but anything remotely focused on their accountability has them wailing in short order.  Tomorrow would be a good time for people to stop by before dinner and say a few words on Jim Doyle's behalf.  He of the dry wit and good natured patience certainly deserves it.
At a minimum so does MORTe but you knew that.

(Here's a damage control, fabricated Mason video just posted on Hoboken411.)

 Here's how you know the damage is bad to both the paid Masonistas and the Old Guard. Hoboken411 has been dragged back to post an unidentified video packed with lies from beginning to end to "counter" the damage.

How many lies can you count in the Mason411 video? It starts right out of the gate saying there should be a special election but that's not the law and the next election is scheduled for this November regardless of their make believe argument(s).

Note there is not a word mentioned of Mason and the Old Guard's defeat in the NJ Appellate Court and that they will be voting on Jim Doyle's appointment by a legal order of the court as ordered by Judge Peter Bariso.

This may be the last you see of this, well the endgame anyway where Beth Mason runs her totalitarian political operations.  The lies will be repeated ad nauseam of course.  The irony is that Hoboken411 is admitting there WILL BE A VOTE TONIGHT on Jim Doyle's appointment.

The other local media have not reported the story on the judge's order and the Old Guard's defeat by the NJ Appellate Court.  What are they waiting for?  Who knows, some just don't like to report bad news on the Old Guard so they'll declare it not a story and wait to do a story where that isn't the focus.
By the way, Newark had a local law on how to count abstentions and whatever it's merits, its not the law in Hoboken.

The Masonistas clearly feel the damage and have created a video to spin their way from the Hoboken public's response to being sued after Hurricane Sandy and having a judge order them to vote!