Committee hires private attorney to prosecute Wall
Wall files ethics
charges against three Holmdel officials
HOLMDEL — In a 2-1 vote with two abstentions, the Township Committee last week voted to hire Hazlet attorney Michael Pappa to prosecute charges against a township committeeman.
Pappa was authorized to prosecute charges filed by Mayor Art Davey against Committeeman Terence Wall, 35, 2 Country View Road, following the April 9 Planning Board meeting. Wall subsequently filed counter charges against Davey.
Deputy Mayor Russell Dronne and Committeeman Larry Fink voted in favor, with Committeewoman Serena DiMaso dissenting. Davey and Wall both had to abstain from the vote.
Following the committee’s decision to hire Pappa to prosecute Wall, Wall filed ethics charges against Davey, Dronne and Fink with the division of local finance of the state Department of Community Affairs.
Davey, a member of the Planning Board, charged Wall with harassment, disorderly conduct and disrupting a public meeting after Wall persisted in asking board Chairman Richard Mausner why he had not relinquished the chairman’s seat to former chairman Paul Kraus after Kraus returned from Florida.
The meeting had just adjourned when Wall sought a public comment period and went on to tell Mausner: "You should be concerned with your word, with your honor and with the law. You should be embarrassed and you should be ashamed of yourself. You should be ashamed of yourself."
As Wall continued questioning Mausner, Davey said, "Push a button; have him removed."
Wall has charged Davey with harassment and disorderly conduct.
Both cases will be heard June 28 in Hazlet.
Pappa is representing Davey on charges stemming from a February incident outside his home in which he was arrested by the Monmouth County Prosecutor’s Office, following a citizen’s complaint.
In his ethics charges, Wall claims that "during closed session [of the Township Committee meeting] on Tuesday, April 22, Committeeman Dronne, Fink and Davey agreed to hire Art Davey’s personal criminal defense attorney … to serve as a special prosecutor."
"Art Davey actively and aggressively lobbied for such benefits at this meeting in conflict with the law."
Wall also claims that Davey participated in the discussion last week after the 2-1 vote was taken, in violation of the law.
Department of Community Affairs spokesman E.J. Miranda would not confirm or deny the complaint. If a complaint is filed, it will be reviewed, he said. The local finance board has the power to fine people from $100 to $500 for ethics violations.
In addition to the complaints against the committee members, Wall has also asked for a referral to be made to the Department of Attorney Ethics about Pappa, because he believes that "Mr. Pappa is in conflict whether it is in fact or by appearance." Besides being Davey’s attorney and prosecuting Wall, Pappa provides legal services to the township regarding police matters.
Dronne said he voted to hire Pappa to prosecute the charges against Wall because Pappa is an approved attorney on the township’s list of attorneys
"It’s only $2,000. I would authorize that for any board that has a complaint against a citizen from a meeting. We’ve paid for attorneys in the past, and we will have to pay for them in the future," he said.
DiMaso, who voted against hiring Pappa, said, "I really think this is an abuse of power. It’s a shame that the Holmdel families need to continue to deal with this. Now the taxpayers are being asked to subsidize this nonsense. We need to get more common sense on the Township Committee. We spent hours that night trying to trim the budget, and the majority has sanctioned this when we have the biggest tax hike in 20 years. It’s outrageous and ridiculous. I feel that this all has to stop."
Fink, who had not seen a copy of the Planning Board meeting transcript, said that he felt "it was appropriate to get to the bottom of the matter. We felt that $2,000 was a reasonable amount to do that," he said, declining to comment further.