State dismisses allegations against Fire District

Attorney general finds ‘financial irregularities’ but not criminal mismanagement

By: Purvi Desai
WASHINGTON — There is no credible sufficient evidence to prove the allegations of mismanagement made by local officials against the Fire District, according to a letter from the office of the attorney general, dated Oct. 23.
   "Our review of the allegations concerning financial irregularities reflect that better systems should be adopted for tracking the expenditure of funds by the Fire District, but those records did not reveal financial wrongdoing that would rise to the level of criminal conduct," wrote Assistant Attorney General Jessica Oppenheim to Fire Commissioner Mike McGowan.
   The attorney general’s office subpoenaed all of the Fire District’s financial records from 2003 onward on June 16 as part of investigations into the district’s spending, for firing and then rehiring two firefighters who tested positive for drugs, the purchase of LASIK eye surgery, and $180 Oakley sunglasses.
   Due largely to all of the allegations of mismanagement, the $3 million Fire District likely faces dissolution, subject to the state Local Finance Board’s approval, expected on Nov. 9. The Township Council voted 4-1 to dissolve the district at a public hearing on July 27.
   Among the evidence collected by attorney general’s office representative, Jim Wrightson, were tapes of fire commission meetings, where two former fire commissioners, Peter Marsch and Greg Zalenski, reportedly were heard discussing how to rehire a fired firefighter who failed a drug test and "alter district records to cover the lapse in service." One of those fired, Capt. Dennis Williams, was rehired posthumously so that his family would be able to collect pension after his death, Mr. McGowan has alleged previously.
   Ms. Oppenheim said in her letter that the case of Capt. Williams’ pension has been referred to the Division of Pension and Benefits on Aug. 2 "for whatever action that agency may deem appropriate."
   Peter Aseltine, a spokesman from the attorney general’s office, said the agency did not have a comment beyond the letter from Ms. Oppenheim, which also stated that this was the end of the AG’s investigation into the matter.
   According to Ms. Oppenheim’s letter, the Criminal Justice Act of 1970 states that the attorney general, through the Division of Criminal Justice, has general supervisory authority over each of the 21 county prosecutors.
   "It is clear that prosecutors have not only the discretion, but also the responsibility to forgo prosecuting cases that do not rise to the level of criminal conduct," Ms. Oppenheim writes. "Rules of Professional Conduct 308a provides that a prosecutor shall ‘refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.’ In these cases, the prosecution should be terminated as soon as possible."
   Mr. McGowan said the financial matters of the Washington Township Fire District should have never been referred over to the attorney general.
   "That’s a local issue that falls under the responsibility of the Mercer (County) prosecutor," he said. "I suppose this inaction regarding the WTFD should have been expected."
   He said the inaction should have been expected, because Mr. Wrightson did not take the 2005 records, but only collected the financial documents of 2003 and 2004. The 2005 records were not ready at the time, Mr. McGowan said, but the district obtained them a few weeks after Mr. Wrightson’s visit.
   "I left like 15 messages with these guys, and never got a bleep," Mr. McGowan said. "I also wanted to keep reminding him. He never conducted interviews, picked up our 2005 records — pursuant to his own grand jury subpoena — or ever returned messages."
   The president of Washington Township Uniformed Fire Fighters Association, affiliated with international Association of Fire Fighters Local 3786, Jason Palmer, who has voiced his dissent with the dissolution, said he did not want to comment on the attorney general’s decision as he had not seen the official letter yet.
   Joanne Lasky, chairwoman of the Fire Commission, also said that she too had not seen the letter from the attorney general’s office, addressed to Commissioner McGowan, and could not provide the Fire District’s reaction.
   "We look forward to moving along and continue with the progress that has been made in the Fire District," she said, adding that the attorney general’s response will not affect how the board operates.
   Washington Fire Chief Kevin Brink could not be reached for comment.
   The LFB deferred to make a decision on the Fire District’s dissolution during its Oct. 11 meeting because the board members said they wanted to see more information on the transition progress of the district moving under the municipality’s control. Dissolution will also move the emergency services under the municipality. Other factors that impeded the decision included unresolved grievances between the union, fire commission and paid firefighters.
   Mayor Dave Fried said on Tuesday that he thinks the attorney general’s conclusions are accurate, but added that the township never accused anyone of criminal activity, just mismanagement. "I think it just makes the Local Finance Board’s decision easier," he said. "I was glad that they recognized noticed the financial irregularities."
   Township Administrator Mary Caffrey has said that the town expects approval to dissolve the Fire District, and that the LFB is taking its time on making the decision because it is the first such application in the state by a municipality.