Internal review finds no impropriety; councilman blasts decision
By Joanne Degnan, Managing Editor
ROBBINSVILLE — Township Business Administrator Joy Tozzi returned to work Tuesday after emphatically denying allegations made by a federal witness whose testimony connected her to a corruption scandal in Hamilton.
Ms. Tozzi, who has not been charged with any crime, had been taking time off since her name surfaced Nov. 13 in the trial of former Hamilton Mayor John Bencivengo, who was later convicted of extortion, bribery and money laundering.
Mr. Bencivengo took $12,400 in bribes in 2011 from the Hamilton school district’s health insurance broker at that time, Marilese Ljuba, who wanted him to use political influence with members of the Hamilton Board of Education to ensure she kept her lucrative no-bid contract with the school district.
Ms. Ljuba, a cooperating witness given immunity from prosecution, testified she also gave money and gifts over the years to other public officials, including Ms. Tozzi, who was a Hamilton school board member before coming to work in Robbinsville in 2008 as an aide to Mayor Dave Fried.
In addition, Ms. Ljuba testified she used Ms. Tozzi to funnel illegal straw campaign contributions for Hamilton candidates for Township Council and school board, according to court transcripts.
”I’ve been made aware through the newspapers of the various allegations in the court case,” Ms. Tozzi said in a phone call Monday, ending two weeks of silence about Ms. Ljuba’s testimony. “I deny all allegations made directly or indirectly that damage my reputation, credibility or integrity.”
Mayor Fried said he took news reports of the trial testimony “very seriously” and initiated an internal review headed by Township Attorney Mark Roselli.
”Preliminary findings of that investigation have found no evidence of impropriety,” Mayor Fried said. He noted Ms. Tozzi has not been accused of any misconduct in connection with her job in Robbinsville and that her body of work here had been “beyond reproach.”
Councilman-elect Dave Boyne, who is scheduled to be sworn into office at tonight’s 7 p.m. council meeting, took issue with the decision to allow Ms. Tozzi to continue working as township business administrator.
”Based on what I have read I find it unfathomable that the mayor or council have not taken action,” Mr. Boyne said.
Mr. Boyne said he thought it was difficult to dismiss Ms. Ljuba’s testimony about Ms. Tozzi when the jury had found the other parts of Ms. Ljuba’s testimony about Mr. Bencivengo credible enough to convict him.
”Why the witness would risk her immunity, and a perjury charge, is equally unbelievable,” Mr. Boyne said.
”This is not right for the residents of Robbinsville,” Mr. Boyne said. “Based on all that has transpired I think it is only prudent that there be an independent review of all non-bid contracts since (Ms. Tozzi) joined the administration.”
Council President Ron Witt said it was wrong to “rush to judgment” before all the facts are known and that Ms. Tozzi was entitled to “due process.”
”The preliminary investigation found no impropriety,” Mr. Witt said. “It appears the statements made against her are baseless. In the event there is evidence at some later time, that’s something we’ll deal with then.”
Where the remaining three members of Township Council stand on the issue was not immediately clear. Councilman Vince Calcagno did not return a message left on his cell phone Monday. Councilwoman Chris Ciaccio declined comment Monday, saying she wanted to first talk to Ms. Tozzi before making any public statements. Councilwoman Sheree McGowan also declined to discuss the matter.
”It’s still a personnel issue and I don’t feel comfortable commenting,” Ms. McGowan said Tuesday.
Under the township’s Faulkner Act Mayor-Council form of government, a business administrator serves at the pleasure of the mayor. The council does have the power to remove a business administrator, or any other municipal officer (except the mayor or a council member), if two-thirds of the council votes to do so — provided there is cause and he or she was given the “opportunity to be heard,” state law says.
Ms. Tozzi, who had been using accrued personal time during her absence from work earlier this month, said she was glad to be back.
”I’ve cooperated fully with Robbinsville Township in its internal investigation and look forward to returning to work to serve the residents of Robbinsville as I have done during the last four years,” she said Monday.
Ms. Tozzi declined to answer questions about the specifics of Ms. Ljuba’s testimony, other than to say all of the allegations were untrue.
According to the trial transcripts, Ms. Ljuba testified she gave Ms. Tozzi $10,000 in cash between 2005 and 2007 when she was a school board member, but that Ms. Tozzi abstained when the board voted in 2006 vote to renew its contract with Ms. Ljuba’s employer, Allen & Associates.
Ms. Ljuba also testified she helped Ms. Tozzi buy a van, gave her a dining room set, and $2,000 to buy new clothes when she started her job in Robbinsville in 2008, according to the trial transcripts. At the time, Allen & Associates was also the health insurance benefits broker for both Robbinsville Township and the Robbinsville school district, although neither do business with the firm today.
In addition, Ms. Ljuba testified she made illegal campaign contributions to Hamilton Republicans “to grow stronger in the political party,” according to the trial transcripts. Ms. Ljuba testified she gave Ms. Tozzi $11,000 cash in a paper bag in 2004 to funnel so-called “straw contributions” to a slate of Hamilton council candidates so that Ms. Ljuba’s name did not appear on campaign finance reports.
The use of straw campaign contributions is an illegal practice whereby many donors make smaller donations using money provided by one large donor who is trying to circumvent campaign financing laws that limit the size of an individual contribution. Spreading the money among many “straw donors” also hides the true source of the campaign contribution.
Ms. Ljuba also testified she gave Ms. Tozzi between $300 and $500 in 2011 for straw contributions to Hamilton school board candidates, according to the trial transcripts.
The U.S. Attorney’s Office declined to comment Monday if there would be any fallout for Ms. Tozzi or any of the other people that Ms. Ljuba made allegations against during the Bencivengo trial.
”Our policy is to neither confirm nor deny whether there is an investigation,” spokesman Matt Riley said Monday.

