Thursday, May 2, 2013

Garcia Assembly ballot battle sees second appeal

Lawyer for the five Hoboken residents confirms, 'If necessary, we will take the battle to the NJ Supreme Court'

The lawyer for the five Hoboken residents, Flavio Komuves who won the original decision in Hudson County Superior Court knocking HHA Executive Director Carmelo off the ballot for Assembly confirmed the battle isn't over.

In a phone interview earlier, Komuves confirmed there was disappointment in the appellate panel's ruling but the appeals process is well underway to again challenge Garcia's eligibility.

"We've asked (the court) to take another look at the matter.  We argued Garcia's salary is paid completely in federal dollars based on auditor payment flows," Komuves stated as the basis of the appeal.

Carmelo Garcia slated to be back on the ballot is in a holding pattern as his Assembly candidacy is under appeal.

Detailing that legal position, Komuves said the point of whether or not Garcia is being paid completely with federal funds clearly barring him under both state and federal law was an unanswered legal question not required in the original decision by Assignment Judge Peter Bariso nor in the appeal.  He said this was the key basis for the requested "second look" to the appellate court.

"The Appellate should have given remand on the point of Garcia's salary," Komuves clarified, adding "The trend in New Jersey is we see more ethics and restrictions on dual office holding."

Gov. Chris Christie has pushed through a number of ethics changes restricting dual office holding.

A request for a stay in the original appellate decision and a halt to the printing of ballots with Garcia's name has been granted pending further legal review of the court.

If the "second view" at the appellate level doesn't succeed, Komuves made clear an application to the New Jersey Supreme Court is in the works saying in either instance, "We're going to make some pretty compelling arguments about increasing ethics, anti-corruption and dual office holding at the State level."

It's not altogether clear when a decision will come but based on the June 4th Democratic Party primary timeline, it can't be far off.

Carmelo Garcia was contacted for this story.  MSV will update this story when possible.

Illegal vote to force HHA 20/20 plan down Hoboken's throat as council fracas concludes meeting

The City Council meeting ended in a frayed conclusion past midnight as members walked out after demands by the Hoboken Sopranos to vote on a 20/20 measure as part of a last minute HHA deadline.

A letter designated as a "letter of need" was required as part of a hectic, last minute 30 year pilot demand for the first HHA building in the controversial 20/20 plan became a pitched midnight battle with council members walking out and the ugliest veil lifted on the actions by the council minority led by Councilman Michael Russo.

The fracas is connected to an earlier exchange between the mayor and HHA Executive Carmelo Garcia with her letter posted earlier this evening.  The HHA 20/20 plan is asking for an immediate approval of a 30 year pilot.

It's led to confusion, fighting, charges of racism, class warfare and a midnight power grab attempted by the Hoboken Sopranos.

In short, it's the worst display of government seen here.

That's not all.  A brief presentation allowed at the end of the meeting with HHA ED Carmelo Garcia and professionals instead led to an hour long argument over immediate action and a just short of mugging midnight power play featuring two votes conducted under the dictatorial auspices of Michael Russo.

Demands to vote on a resolution with no review was rejected by the reform members as the Hoboken Sopranos insisted the "brief" presentation go to an immediate vote.  Repeated requests to review the documentation on the huge 20/20 plan to overhaul the HHA was rejected as Michael Russo, Terry Castellano, Beth Mason and Tim Occhipipinti turned a brief presentation into a force feeding.

In short, no due diligence would be allowed.

Councilman Michael Russo demanded an immediate 20/20 resolution approval, then leveled charges of racism and "class warfare at its best" as Councilman Mello countered that ugly attack asking the racial makeup of Russo's Church Towers building during a force down your throat attempt.  Councilwoman Terry Castellano did not take well to that inquiry in response to Russo's racist charges and baited Councilman Mello to keep going.

Tim Occhipinti would lose his cookies braying for an immediate vote to approve the 20/20 plan and insult Councilman Ravi Bhalla as he departed after the midnight hour struck.  Earlier Council President Cunningham agreed to allow a presentation by the HHA's ED Director and professionals saying no action would take place.

He was in for a shocking Hoboken Soprano surprise.

In short, the meeting denigrated into chaos, an ugly power grab as Council members Ravi Bhalla and Jen Giattino left at midnight and Russo immediately attempted to hijack the meeting with four votes against Council President Peter Cunningham and Councilman Dave Mello when they got out the door.

There would be two attempts to hijack the meeting and override the chair, Council President Peter Cunningham to ram the 20/20 resolution through.

The meeting ended with no quorum as City Clerk James Farina is being yelled at by Tim Occhipinti and Michael Russo to conduct an illegal vote.

More threats from the Hoboken Sopranos to go to court to get their way.  Councilman-in-waiting Jim Doyle remains sidelined with a Mason family court appeal and the power grab continues on.

It's far worse in the video below.  You have to see this one to believe it. Let's say it's illuminating.

Talking Ed Note: Why is there such desperate measures being taken to shove the 20/20 plan down Hoboken's throat at midnight?  

This is not about low income housing and questions are being raised about who owns the new building and how this whole process is being crammed down.

The Old Guard taint is evident, a con job is being perpetuated.
This is about money, big money.