Ralph D'Aries Lawsuit Against Sparta

COURT UPHOLDS SPARTA QUARRY CONTRACT

March 6, 2008

By SETH AUGENSTEIN (NJ Herald)

SPARTA — Township officials claimed a victory in a Tuesday morning court date in Newton on the ongoing suit against Sparta by the losing bidder for the 172-acre quarry.

However, the judge also had some criticism about the open government practices of the town.

Township Attorney Thomas Ryan said that four of the 21 complaints brought by limited-liability company Limecrest Quarry Developers against the township were dismissed by Judge Theodore Bozonelis. As a result, the bond ordinance and the $2.45 million contract agreement transferring the old Edison Quarry land last August remain in place.

"The important thing was the court upheld the ordinance and the purchase contract," Ryan said after the hearing.

Ryan's adversary, Kevin Kelly, said there were several other key parts of what Bozonelis ruled. The judge told the parties that the mayor and council had not fully complied with the Open Public Meetings Act and the Open Public Records Act, and would have to make amends by producing documents like reports and closed-session minutes — and also pay part of Kelly's fees, the amount of which will be determined by the court.

The suit, filed in December by Limecrest Quarry Developers, alleges that the township bought the 172-acre tract of land from previous owner C.C. Cox, LLC, without going through the proper public channels, which was a "denial of due process," according to court documents.

Mayor Michael Spekhardt and the Sparta council mentioned at the time of the sale that the $2.45-million contract price, including $2.1-million in bonds, was justifiable as a future source of water.

"It was a once-in-a-lifetime opportunity... and the council moved fast to act on it," Spekhardt said in December. He also said that C.C. Cox had approached the town first, and that the sale was a transparent transaction.

Judge Bozonelis, however, ruled that the council moved too quickly on the purchase, and should have been more forthcoming with documents to the public. The judge had ruled back in October that the contract between C.C. Cox and Sparta had not been made public early enough, and faulted the township for not supplying the document to the plaintiff.

Eugene Mulvihill, Limecrest Quarry Developers' co-owner, also has a lease through 2017 to continue mining operations at the site. Mulvihill had expressed interest in developing housing at the quarry prior to the township's purchase of the land.

EX-SPARTA POLICE OFFICERS, FIRED AFTER REPORTING MISCONDUCT, TO GET NEW HEARING

December 28, 2007

By TOM HOWELL JR. (NJ Herald)

Ex-Sparta police officers, fired after reporting misconduct, to get new hearing

Two former Sparta police officers said they were "ecstatic" to learn their whistleblower suit against the township — which was dismissed in 2006 — has been reinstated by the appeals court.

Former officers Arthur Monto and William Karasik filed the lawsuit in 2003 under the Conscientious Employee Protection Act, claiming they faced retaliation for reporting a consensual groping between two township employees, and for complaining when nothing was done.

Monto and Karasik were "ultimately terminated on March 9, 2004, for "insubordination, failure to perform duties, conduct unbecoming, neglect of duty, and other sufficient cause," police said, according to a 40-page opinion from the Appellate Division.

But this week, the appeals panel ruled "a jury could reasonably conclude that all the alleged incidents combined to demonstrate a pattern of retaliatory conduct that is specifically prohibited under CEPA."

Plaintiffs' attorney Erika A. Appenzeller was overjoyed by the decision.

"We thought the trial court was wrong all along and we're looking for full vindication once we get back to the trial court," she said.

The chain of events began when Monto and Karasik reported a consensual groping between a male sergeant and a female records clerk in a public records room, the opinion states.

The incident occurred while the township was "highly sensitive to the issues of sexual impropriety" in the department amid a scandal regarding a female officer who posed for nude and semi-nude pictures while on duty. That officer was suspended and later fired.

"I think it had some impact as far as (the department's) awareness, or what they should have been aware of," Appenzeller said. "It's fair to think the public was somewhat scrutinizing their local police department."

Monto and Karasik claim their whistle blowing was greeted with inaction and then retaliation, including ridicule and death threats from fellow officers, the opinion states.

Township manager Henry Underhill said he is aware of the Appellate ruling, but will reserve comment until he speaks to attorneys and reviews the court's opinion.

Attorney John M. Bowens, who filed a legal brief on behalf of the township, did not return a call for comment.

The township can now file for certification to the Supreme Court — which may then review the case — or the case will go back to a trial judge in Sussex County.

A SPARTA HEALTH DEPT MERGER AND ENSUING LAWSUIT

April 4, 2007

By BILL WICHERT (NJ Herald)

SPARTA — while some specific employment issues will go before a judge in about two months, four Sparta health employees will begin reporting to the county today for the start of the long-awaited merger of the county and township health departments.

The merger is not expected to have a negative impact on health services. Health inspectors will work out of the county offices in Newton, but the township will continue providing animal control services, accepting permit applications, and processing vital statistics documents, such as birth certificates and marriage licenses.

The interlocal service agreement approved by county freeholders Tuesday comes amid litigation by two of the employees, contesting how the new arrangement would impact their positions. State law requires all full-time employees in a merger to be guaranteed jobs at the same salaries, but the law does not account for differences in pay and benefit packages between the two health departments.

A court hearing that was canceled Friday has been rescheduled for June 15 before state Superior Court Judge B. Theodore Bozonelis to resolve any potential conflicts.

"We want to welcome these folks," County Administrator John Eskilson said. "We want to have happy and satisfied employees who like working here."

The agreement requires the county to cover the retirement benefits of the employees, but some of the remaining issues might include the hourly work week and health benefits. Sparta has a 35-hour work week, but the county requires employees to work 40 hours.

The township has agreed to cover the annual cost of any salary increases ordered by the court, but that reimbursement might also depend on different amounts of vacation and holiday time provided by the county and Sparta, Township Manager Henry Underhill said. The employees will receive more days off while working for the county, he said.

"If someone's ruling on this, I hope they take (in) the whole package," Underhill said. The township also could share in the cost of sick-time buyouts and health benefits after the employees retire, depending on various conditions.

The county's health benefits plan varies from the townships, but it is based on established collective bargaining agreements, Eskilson said.

"Our benefits package is what it is," Eskilson said. "We're not in the position to modify that for specific employees."

Joseph Bell, the attorney representing Health Inspector Denise Webb and Health Director Ralph D'Aries, did not return calls for comment Tuesday.

One of the biggest hurdles to complete the merger has been finding a place in the county health department for D'Aries, whose position was caught between two conflicting state regulations. The county had previously told Sparta that it did not intend on transferring D'Aries.

As Sparta's health officer, D'Aries was considered an "unclassified" employee under state Civil Service laws, but the county has already filled all of the 27 unclassified positions it is entitled to, Eskilson said.

At the same time, the state law governing health department mergers — called Title 26 — requires all full-time employees in the terminated agency to retain their position, pay and benefits. Putting D'Aries in a "classified" county position would subject him to civil service requirements, such as examinations, and possibly contradict the job security provided by Title 26.

There are no state provisions from transferring someone from an unclassified to a classified position in such a protected state, Eskilson said, but the state Department of Personnel is working on a determination for D'Aries.

With the addition of D'Aries, the county is considering an organizational change that would add three new positions of Chief Sanitary Inspector, which will be filled by D'Aries and two existing county employees, Eskilson said. Those three supervisors will report to County Health Director Herbert Yardley, who reports to County Health Administrator Stephen Gruchacz.

Salary increases for those existing employees has not been determined yet, Eskilson said. D'Aries currently earns $116,761 per year.

D'Aries did not return a call for comment Tuesday.

The merger now makes the county the provider of health services in all municipalities except for Vernon and Hopatcong, both of which have their own health departments. Hardyston, Ogdensburg and Stanhope, all of which had contracted with Sparta, joined the county health system on Sunday. Vernon also has contacted the county about a possible merger as well.

With the cost of health services spread across a larger population, residents in the existing 18 towns overseen by the county health department will see an annual tax decrease of about $7.50, and the average household in Sparta will see about $20 in fewer taxes, county and township officials said.

Sparta is expected to see a net savings of about $112,000, but additional money might be found through state grants and the transfer of health department vehicles to the county, Underhill said.

Some residents have questioned how the merger would affect the quality of health services, but officials said the services would be the same, and possibly better, under the county.

Webb, D'Aries, and Health Inspectors Fred Reisen and Lee Daly will now become county employees and work out of the county offices in Newton, but Sparta has retained a clerk to handle other health-related duties at the township building. A second health clerk has been transferred to another municipal department.

Sparta has established a volunteer Health Monitoring Committee to study the impact on services, Mayor Manny Goldberg said. The township is permitted to opt out of its agreement with the county after two years, he said.

"We did not want to give up anything in the way of services," Goldberg said. "People are always afraid of change. Sometimes change is for the better.....And time will tell."