HIGHTSTOWN: Attorney will aid borough with police issues

By Doug Carman, Staff Writer
   HIGHTSTOWN — The Borough Council hired an attorney to deal with “police issues” during a closed meeting Monday evening concerning Hightstown Police Chief James Eufemia, while the embattled chief also lawyered up, sources said.
   A copy of a resolution passed Monday and made available late Tuesday stated the borough hired an attorney from New Brunswick-based Benedict & Altman, setting aside $15,000 to fund a 100-hour contract. Attorney Philip Nettl from Benedict & Altman confirmed he was representing Hightstown on Tuesday.
   Meanwhile, Borough Attorney Fred Raffetto said the council hired Mr. Nettl following a discussion about Chief Eufemia. While Mr. Nettl was hired for more general dealings with the police department, Monday’s executive meeting, which was closed to the public, was specifically regarding “a personnel issue” with the chief.
   ”All I can say is there was a discussion involving terms and conditions of his employment, and the law firm of Benedict & Altman will assist (the borough),” Mr. Raffetto said of the meeting.
   Mr. Raffetto said Chief Eufemia hired Hamilton attorney Thaddeus Mikulski to represent him while dealing with the borough. He would not state whether the Borough Council or then-Borough Administrator Herbert Massa asked Chief Eufemia to resign or had considered firing him.
   Neither side revealed many details of the meeting.
   Mr. Nettl said he could not comment on the nature or details of Monday’s discussions since doing so would violate attorney-client privilege, but he said no litigation had begun on the borough’s behalf or against the borough relating to that meeting.
   Mr. Mikulski said his client received what was called a Rice Notice, which is a notice from the council telling him that his employment would be discussed at the meeting. When asked about the discussions, he said that neither he nor Chief Eufemia attended the meeting.
   ”He has no idea what was going on at that meeting. We don’t know anymore than you know,” Mr. Mikulski said. “My client is doing his job. He’s going to continue doing his job.”
   Most of the Borough Council remained mum on the subject. Council members Isabel McGinty and Selena Bibens declined to comment on the meeting, while calls to Mayor Steve Kirson and council members Dimitri Musing, Larry Quattrone and Lynne Woods were not returned. Calls and an e-mail to Chief Eufemia were also left unanswered.
   Councilwoman Skye Gilmartin said she did not want to go into the details of the meeting since it was an executive session, but she described the resolution as a “consensus vote” to hire the attorney.
   ”I’m a peacemaker. … I would like us to be able to work together,” Ms. Gilmartin said when further questioned on the current relationship between the council and Chief Eufemia. “I’m glad to see the council moving really deliberately on this. It’s a very weighty decision, and the town should be respectful (to the fact) that we are being deliberately careful and cautious.”
   Chief Eufemia had faced harsh criticism from the Borough Council following the Jan. 28 publication of the New Jersey State Police’s survey on gang activity throughout the state. Council members and several residents blasted the data Police Detective Ben Miller provided to the State Police, which reported 119 gangsters and 23 gangs present in Hightstown. The Council went so far as to issue a press release late February to discredit the data and apologize for the damage the council believed it caused to its businesses, residents and surrounding communities.
   On the chief’s behalf, an analyst and spokespeople for the State Police defended the data, explaining that the count could include people who were found within the borough wearing gang markings even if they weren’t necessarily operating or committing crimes in Hightstown. The Council and several residents, however, expressed anger with Chief Eufemia and the Hightstown Police Department for not making any statements during the State Police’s presentation.
   Last year, the entire police department was put in the crosshairs as the borough entered discussions with surrounding East Windsor for the township’s police department to annex Hightstown’s, though the talks since ended without any merger.
   Several executive meetings were called over the past three months involving personnel matters with Chief Eufemia. Some of them involved the chief along with Detective Miller.
   Chief Eufemia’s last labor contract with Hightstown was put into effect Jan. 1, 2007, and expired Dec. 31 of 2010. Mr. Raffetto said Chief Eufemia still has a statutory right to his position despite the lack of an active contract, though the council can negotiate a new one at this time.