PRINCETON: Mayor, councilwoman sought legal advice on conflict of interest in arrest of university professor

By Philip Sean Curran, Staff Writer
Mayor Liz Lempert and Councilwoman Heather H. Howard sought legal advice in the past two weeks about whether their ties to Princeton University posed a conflict of interest that required them to recuse themselves from any matters connected to the arrest earlier this month of a university professor.
The arrest of professor Imani Perry led Mayor Lempert to be contacted by two university officials, including university President Christopher L. Eisgruber, who called her on Feb.7, the day of the Super Bowl. Subsequently, Ms. Howard had expressed support for having an independent investigation of Princeton Police’s handling of the Perry matter, an idea first raised by Councilwoman Jenny Crumiller.
Mayor Lempert said Thursday that an email from Princeton resident Joe Small questioning their involvement and a story on the online site Planet Princeton led them on Feb.8 to turn to town attorney Trishka W. Cecil. Mayor Lempert is married to university professor Ken Norman, while Ms. Howard works for the university.
Mayor Lempert said Ms. Cecil told them they did not have a conflict, but after some council members raised doubts about the issue to Council President Lance Liverman, Mayor Lempert said she and Ms. Howard then asked Ms. Cecil for a written opinion that was issued this week.
“Anytime there’s a question from the public or a colleague, then I think it’s a good idea to address it and to do so forthrightly, which we did,” Ms. Howard said.
The three-page opinion touches on the role both women have as members of the municipal public safety committee, on which Mayor Lempert and Ms. Howard serve on at the moment, and any discussions that the committee might have as a result of the arrest.
The committee, Ms. Cecil wrote, is “purely advisory” to the full governing body and serves as a liaison between the council and the police department.
“Given the structure of the public safety committee and the statutory and other limitations placed both on the committee and on the mayor and council as it relates to matters involving the police department, it is difficult to envision what it is that could take place at the public safety committee that would give rise to a conflict of interest on the part of Councilwoman Howard and Mayor Lempert,” the attorney wrote.
Ms. Howard said she was “glad” to clarify the role of the committee and the council. She said the public safety committee is not involved in “operational” decisions of the department, including who gets pulled over during traffic stops.
In this case, Ms. Perry was arrested on an outstanding warrant for two unpaid parking tickets out of Princeton, after police stopped her for speeding on Feb.6. In the aftermath, the professor raised concerns about the way she was treated, including being handcuffed to a table in police headquarters when she was being processed.
Police have said those are routine procedures. But officials are looking at whether policies about how unpaid parking tickets are enforced need to be changed, Mayor Lempert said.
Later in her memo, Ms. Cecil said Mayor Lempert’s and Ms. Howard’s links to the school do not “disqualify them from participating in discussions of the broad issues Dr. Perry’s arrest has raised.”
Mayor Lempert has faced questions about her dealings with the university before. She will recuse herself about anything concerning land use or the pending court challenge to the school’s property tax exemption. She will participate in other matters, and has had private meetings with university officials during her tenure as mayor.
For her part, she said there are some in the community who believe she is conflicted on anything university-related no matter what — a view that she does not share.
Mayor Lempert said there were no actions that council could have taken about the police arrest of Ms. Perry. Asked why Mr. Eisgruber called in the first place, she said it was more of an “informational call” on his part, and that he did not ask “for any particular action.”
As for the arrest that triggered a media firestorm, she said police officers acted “professionally,” but she stopped short of saying whether she believed Ms. Perry had blown the matter out of proportion. Ms. Perry, who is black, had said that her race had something to do with the way she was treated.
Police released the dash cam video of the traffic stop, showing the initial officer who pulled her over and a second officer who responded to the scene. The Princeton Packet subsequently reviewed the video of Ms. Perry being booked at police headquarters.
“We take the allegations of racial bias that were made extremely seriously,” Mayor Lempert said. “It’s unfortunate that the integrity of our officers and the integrity of our department has come under attack. One of the few bright spots of the incident has been the opportunity for residents and people all over the country to see our officers in action and witness the professionalism and the compassion by which they do jobs.”
Ms. Cecil wrote in her legal opinion that no council members should talk about the specifics of the arrest or how it was handled given an investigation by the Mercer County Prosecutor’s Office into the matter.
For his part, Mr. Small had no comment.