By Geoffrey Wertime, Staff Writer
BORDENTOWN TOWNSHIP Two Township Committee members said they fear redistributing the duties of the former township administrator will leave the municipality vulnerable to litigation.
The committee voted 3-2 at its Monday meeting to redistribute the duties once held by Leonard Klepner among three other township employees: Clerk Colleen Eckert, Chief Financial Officer David Kocian and Police Chief Frank Nucera.
Mr. Klepner was removed effective May 1.
Democrat Jason Medina and Republican William Morelli voted against the resolution, which they said was confusing, written without consulting them or Republican Committeeman Mike Dauber and did not specify any compensation. An existing ordinance calls for employees to be paid for “going beyond their regular duties,” they said.
”There are a number of inconsistencies and a number of overlapping responsibilities,” Mr. Morelli said.
For example, both Ms. Eckert and Mr. Kocian are expected to handle purchasing, but neither one is formally listed in charge of it.
Mayor Hill said the resolution was “not confusing at all” because there’s “nothing wrong with folks checking in with each other.”
Deputy Mayor Anita DiMattia said the three employees already have been handling some of the duties listed for them; “it was just never written.” She also said she had spoken with the three, who she said agreed not to pursue action against the township to seek compensation.
Township Attorney Anthony Drollas confirmed the three had not signed any statement to that effect, but said he felt the committee could go forward with the resolution and change ordinances later as needed.
”You’re beginning a brand new day,” he said.
Asked if he was comfortable saying they would not sue, Mr. Drollas replied, “I don’t have a crystal ball,” but he was confident right then, “based on what I know.” However, he also said the ordinance requiring payment should be eliminated if the change is “institutionalized” by ordinance.
Mr. Medina, an attorney himself, said settling for verbal agreements not to sue from the three employees was “missing the point,” and the resolution should have come from all five committee members. Mayor Hill replied he did not consult everyone “because I knew it would become a fiasco” and soon closed discussion on the matter.
During the vote, Mr. Morelli said he felt it was “ill-advised to adopt this ill-conceived resolution,” which he called “disrespectful to the committee members … who were not consulted on it.”
Mr. Medina echoed his comments, saying, “it’s been a committee of five when it’s convenient; otherwise, there are two or three committee members calling the shots.”
At the end of the meeting, Mayor Hill read a statement about the resolution.
”The Township Committee feels that this initiative is currently in the best interest of the municipality and residents due to the current economic crisis of the State of New Jersey and the Township of Bordentown,” he said.
”This initiative will ensure continuity within the municipality between its residents and employees and will continue the daily operations of the municipality in an efficient manner. These individuals were chosen based on their experience and expertise of dealing with the specificities of their assigned duties.”
After the meeting, Ms. Eckert said she had long been handling some of her the duties now officially assigned to her, and she would have time to take on the rest. She also said she has no plans to sue for extra compensation.
”I’m a team player. I want to do what’s best for the township,” she said. “I’m kind of honored in a way that they felt I was capable to take on extra duties.”
Ms. DiMattia thanked the three handling Mr. Klepner’s old duties for “stepping up” and singled out Ms. Eckert in particular.
”She puts a lot of extra hours in, long hours, on the weekends, and she’s always here for the mayor, myself and the rest of the committee,” she said. “I know her heart is in the right place, and I know we don’t always say thanks, but I want to make sure that she knows that we do appreciate her. I especially appreciate everything she does.”
Former Township Administrator Mr. Klepner was removed from his duties effective May 1 after he and the township signed a negotiated severance agreement. The agreement, which was made public this week, calls for items including the following:
Mr. Klepner is to receive three months’ severance, at $22,660, as well as $3,897.63 for unused vacation leave from 2009 up through 90 days after the agreement went into effect.
Mr. Klepner is allowed to continue his health coverage under COBRA.
The township agrees not to contest Mr. Klepner’s application for unemployment benefits.
Both the township and Mr. Klepner agree not to sue the other party, and neither admits any wrongdoing.
Both parties agree not to comment on the agreement or circumstances surrounding it except to say “the matter is settled” and not to make disparaging comments about the other.
The township also provided Mr. Klepner with a letter of reference stating he worked for the township as administrator from 2004 through April 30, 2010, at a salary of $90,640, and left May 1 “in good standing.”
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