Union County's Early Retirement Offering - Is It Really Voluntary??

The Union County Board of Chosen Freeholders has almost annually touted a voluntary early retirement program as a means to save the county millions of taxpayer dollars and they stood by such a plan even in 2006 when the State of NJ notified them that the contrary would actually be the case.

In an article published on August 31, 2006, in the Star Ledger, the county spokesperson cited a possible $9.4 million savings by granting early retirement to 183 employees and lying off approximately 15 others. Further it was reported, that he went on to say, the savings would stem from eliminating positions and replacing retirees with younger employees who command lower salaries.

Statements of this nature can be problematic for the employer especially if all of the “potential retirees” are not on board with the plan.

Further, one should never, ever, allude to gender, marital status, sexual orientation, ethnicity, physical disability, political affiliation or age or allow any of the aforementioned to enter into the staffing picture, it is just plain unacceptable as is forcing so called early retirements, when in reality an employer is seeking to “dump” an employee.

The county now finds itself embroiled in not one but at least two law suits stemming from their so called early retirement offerings and layoffs:

In January of 2005 an employee in the prosecutor’s office filed suit claiming she was transferred from her position when she refused to take early retirement, freeholder resolutions indicate they have approved $40,000 in legal fees so far, the case appears to be still pending.

Superior Court

On May 3, 2007 another case was filed in the Superior Court Union County (docket # UNN-L-1592-07) against the Freeholder Board, George Devanney the County Manager, Elizabeth Genevich the Deputy County Mngr. and Dir of Admin Services, Alfred Faella the Dir. Of Economic Development and Charlotte DeFilippo the Dir. Of the UC Improvement Authority and Chairman of the UC Democratic Committee; in both their official and individual capacities. It appears that an employee of 18 yrs, R. T., is claiming that he was forced to retire in lieu of termination. It must be noted that R. T. is age 61 and disabled so he is considered a member of a number of protected classes under NJ law against discrimination.

The “Facts”, as presented by RT’s attorney at filing, state that RT scored the highest on his civil service tests and was continually promoted and received merit raises until the powers that be decided that because of his political alliances to the prior County Manager, Michael LaPolla who was not on the DeFilippo or Devanney “Political Hit Parade”, was one reason that he had to go.

Pattern of Harassment

A pattern of harassment had commenced moving RT from job to job, and office to office, at one point having shared a 20’ X 20’ office and conference area he says he ended up occupying a 3’ X 5’ cubical. Also he claims to have not been given work assignments and harassed in other discriminatory ways to include being referred to as the “man with the crooked face” by DeFilippo. RT suffers facial paralysis as the result of brain surgery. RT also asserts that Devanney and DeFilippo leaned on one of his immediate supervisors, with DeFilippo summoning that individual to her home in Hillside on what she called “County Business”. The business, it turned out, was a discussion of his, the supervisors loyalty to RT. The suit also makes mention that the home meeting was not unusual and it had been at previous meetings that she often directed county hiring and firings and what consultants to use within the county.

In all there appear to be seven counts with other allegations contained within the filing, RT is seeking compensatory damages including but not limited to back pay, lost wages, interest and other benefits of employment , punitive damages, costs of the suit etc.

Improvement Authority to Pick-Up the Tab

Chairman DeFilippo thru her attorneys DeCoitis, Fitzpatrick, Cole and Wisler has petitioned the court to dismiss the suit, RT has requested that the petition be denied and requested a change of venue, because according to papers, filed last week by his counsel Charlotte has a close relationship with State Senator Ray Lesniak and it is asserted that even the judge is politically connected. Charlotte DeFilippo’s legal fees were recently approved for payment by the Union County Improvement Authority, resolution #70-2007, which is a full roster of prominent Democratic Party members.

Fanelli case cost taxpayers over $2 Million out of pocket!!

This case will be one to watch as past history has shown that the freeholder board has spent millions defending it’s politically connected employees, such as in the Virginia Fanelli case which has cost taxpayers $2.4 million out of pocket and still is climbing.

An ironic twist to the situation is that RT says the harassment started when it was learned that he was diagnosed with Prostate Cancer in ’06 and Mr. Devanney was well aware of that fact. If memory serves me correctly Devanney just released the information that he, himself, was blessed because his same cancer was caught at its earliest stages.

View lawsuit HERE
View change of venue request HERE
View resolution of UCIA to cover the cost of UC Democrat Committee Chairwoman legal fees HERE

The UC “Virtual” Improvement Authority”

It has been about six years that the Union County Improvement Authority has been renting space in a shop worn office building on Cherry Street in Elizabeth; the current rent is $2,500 per month. The commercial building is a short sprint, about 2 blocks from the county administration building. The UC Freeholders are in the process of purchasing the structure for $1.275 million to house the Improvement Authority.

It is puzzling enough that the office space should be rented let alone the building purchased for what appears to be a “virtual” operation. Charlotte DeFilippo, the authority’s exec director, earns $132K annually and has made no bones about the fact that she does the county’s business from her Hillside home.

According to a Star Ledger interview, “She is at her dining room table by 7:30 each morning, her hands shuffling papers spread across a white tablecloth. She works mostly from home. By 8 a.m., the BlackBerry is buzzing, the cell phone is ringing and the spent cigarettes are piling in the ashtray.” On more than one personal unannounced visit to the authority office no one was found to be around, just a piece of old copy paper attached to the dull Luwan door, it read “be back later”, nothing further, leaving one to guess when later actually would be, and it has been reported by those making actual appointments that the visitors usually arrive before the admin who suddenly appears from somewhere off site regardless of the hour.

The Improvement Authority has nine members, the meetings are said to be very brief often not taking place at the Cherry Street location as advertised but rather at other county office sites. Bearing all of this in mind, why is the county purchasing this building to house this “virtual authority”?

A quick check of the county board of taxation website revealed that the current owners are Albert G. Mauti, Jr. and Joseph Mauti, his cousin as in M & M Construction Company. Between ‘99 and ‘04 alone the all Democratic Union County Board of Chosen Freeholders awarded various no bid contracts to M & M Construction Co. to the tune of over $20 Million.

From ‘99 thru ‘04 M & M made contributions to the Union County Democratic Committee, of which Ms DeFilippo is the Chair of at least $30,000. Further Assemblyman Joseph Cryan represents a portion of Union County to include the town of Union where he is the Dem Municipal Chair; he is also the Chairman of the State Democratic Committee and a Union County Undersheriff.

Numerous members of the Mauti family residing outside the county contributed over $22,000 to Cryan’s election coffers between ‘03 and ‘05. Family members have also contributed to the campaign of Senator Nick Scutari and Michael LaPolla’s run for Congress, both UC Dems

In 2005 the municipality of Union awarded Al Mauti a redevelopment contract to build town houses on a piece of property owned by a local developer who had obtained the lots by purchasing tax liens. The developer planned to build townhouses himself; the all Dem town council said he wasn’t working fast enough and moved to take the tract of land from him, he filed suit to protect his investment and the town, though they deny it, changed the zoning thus preventing him from building. Litigation is still pending and no one is building anything.

One could venture to guess that the county Dems could be looking to repay a favor.

What could be better than to take this debilitated office building off the Mauti’s hands? Unfortunately the residents of UC will be the ones paying for it and it can be predicted, it’s much needed refurbishing. All of this will mean more contracts and more bonds and more debt to the taxpayers. Perhaps the county will award that contract to M&M to spruce the place up, now there’s an idea. But why bother, the Exec Director of the Improvement Authority probably won’t budge from her comfy home office anyway.