New indictment names
former Howell manager
BY KATHY BARATTA
Staff Writer
HOWELL — Former Township Manager Jacqueline Ascione has been indicted by a state Superior Court grand jury on charges of official misconduct and conspiracy.
Also charged with Ascione were two township employees who had been previously charged in the same matter and remain suspended without pay due to their previous indictments.
Theodore Shostak, 52, Howell’s former director of the Office of Emergency Management and assistant director of public works, along with public works employee Michael D’Amore, 38, had both been arrested over the same matter in June 2002.
However, according to Monmouth County Assistant Prosecutor Edward Quigley, Shostak’s and D’Amore’s previous charges have been superseded by the new indictment that now includes Ascione.
All three have been charged in the latest two-count indictment handed up by the grand jury on Oct. 20. The charges are official misconduct and conspiracy. Each charge of the indictment carries a potential 10-year sentence.
According to the indictment, on or about dates ranging between Sept. 9-15, 2000, all three individuals are charged to have committed "the crime of official misconduct by committing an act relating to their duties as public servants but constituting an unauthorized exercise of their official functions, knowing that such an act was unauthorized … with the purpose to obtain a benefit for themselves or others, or to injure or deprive another of a benefit."
Cited in the indictment as "overt acts," it is charged that, "on Sept. 9, 2000,Shostak conducted a public auction in such a way as to deny the sale of a 1985 Ford ambulance to a legitimate bidder."
It is further alleged that, "On Sept. 15, 2000, Michael D’Amore purchased the 1985 Ford ambulance after Ascione approved the sale for a price much lower than the amount offered by the legitimate bidder at the auction."
According to Mayor Timothy J. Konopka, that legitimate bidder, Rodney Battista, later complained to him that he had wanted to buy the ambulance for $400 but was denied the opportunity to do so by Shostak. Konopka said that upon looking into the matter he ascertained that D’Amore had bought the ambulance for $50.
"That really struck my curiosity. If a man offers $400 and it’s not sold to him and then it’s sold to an employee for $50, well, I just felt there was something wrong there," the mayor said.
Konopka said that after meeting with Battista, he and then-Councilman Reinhard Kirchhof began gathering documents relating to the situation.
One of the items Kirchhof was able to produce was a picture of the ambulance with a "For Sale" sign in its window parked on property allegedly owned by Ascione’s family.
Konopka said the information he and Kirchhof obtained was presented to the Township Council, which presented it to then-township attorney Richard Schibell for advice on how to proceed.
Konopka said Schibell recommended that everything be turned over to the prosecutor’s office, which began its own investigation.
Ascione had served almost a year as Howell’s township manager before being fired by a majority vote of the council in January 2001.
Ascione countered with a notice of intent to sue the township for $2 million for various charges that included breach of covenant of good faith and fair dealing, breach of implied contract, wrongful discipline, breach of confidentiality for a public employee, negligent infliction of emotional distress, intentional infliction of emotional distress, defamation, slander, libel and discrimination based upon her sex.
This week, Township Manager Bruce Davis confirmed for the Tri-Town News that Ascione never followed through on her threat of litigation by actually filing a lawsuit.
After leaving Howell, Ascione went to work as the administrator in Spotswood, Middlesex County.
Her name will appear on the ballot on Nov. 4 as a Democratic candidate for a Township Council seat in Dover Township, Ocean County. However, following her indictment, Ascione announced she was withdrawing her candidacy and would not serve on the council. She also took an unpaid leave of absence from her job in Spotswood, pending disposition of the charges.
Shostak was in his 13th year of employment with Howell at the time of his arrest in June 2002. At that time, he held three municipal posts: head of the Office of Emergency Management ($10,000 annual stipend), environmental official ($5,000 annual stipend) and assistant director of public works (annual salary of $61,000).
D’Amore, a fabricator-welder, had been employed by the township for almost three years at an annual salary of $42,000 at the time of his arrest.
The month after their arrests, both men were suspended from their positions by Township Manager Bruce Davis pending the disposition of their grand jury indictments.
Attorney Edward Bertucio, who is representing Shostak, did not return requests for comment.
Attorney Evan Nappen, representing D’Amore, said the indictment brought against Ascione came a full year after Shostak and D’Amore were first charged and that their original indictments were superseded in order to include Ascione a few weeks before an election in which she is a candidate, indicates to him the motive is to sabotage Ascione.
Nappen said he questioned why Ascione, who he called "our witness," wasn’t charged a year ago on the original indictment.
"Just look at the timing. She was our witness and the next thing you know, she’s indicted," he said. "Clearly they would have had a thorough investigation before bringing charges like this. Yet now, weeks before her campaign and before she’s to be our witness, she’s indicted. Very interesting."
Nappen said D’Amore would plead not guilty and said his client had "lawfully acquired the automobile."
Charles Uliano, who is representing Ascione, also did not return requests for comment.
Quigley said no arrests or bail arrangements accompanied the new indictments. He said a pretrial conference is scheduled for Nov. 12 to establish that each individual has retained an attorney.