at odds in Manalapan
Shapiro, Cozzolino
at odds in Manalapan
By dave benjamin
Staff Writer
MANALAPAN — Charges alleging a conflict of interest between a member of the Township Committee and a municipal employee surfaced at the committee’s Jan. 6 reorganization meeting.
Committeewoman Mary Cozzolino made the accusations about Committeeman Drew Shapiro, who was elected mayor for 2003 by a 3-2 vote of the governing body.
"About two months ago, ethical questions were raised concerning Committeeman Shapiro," Cozzolino said. "At that time the committee first became aware of the pre-existing business relationship between Mr. Shapiro and township employee Richard Hogan."
Hogan heads Manalapan’s construction department.
Cozzolino said that relationship should have been made public and that Shapiro should have recused himself from any vote involving his business partner.
"Mr. Shapiro failed to do that," the committeewoman said.
Cozzolino said there are times when she has had to make a choice to do the easy thing or the right thing. She said it has always been her principle to do what is right regardless of the consequences. She said it was her job to inform the public and not "protect one of our own."
"With an eye toward making the right decision, the committee took action to seek the guidance of special counsel in this matter," noted Cozzolino. "At the last meeting we received the report of that counsel, Walter Timpone."
Cozzolino said the committee followed the advice it was given and forwarded the matter to the state Department of Community Affairs (DCA) for consideration.
"Unfortunately, for reasons I could not understand, that action of the committee was prevented from being carried out," she said. "If the (DCA) had received the special counsel’s report and ruled that there was no ethical or other problems, I could have voted for Mr. Shapiro here today, but that did not happen."
Without providing additional information, Cozzolino told Shapiro that the special counsel’s report had been prevented from being delivered to the DCA. She said the ethics questions were still pending.
Responding to Cozzolino’s comments, Shapiro said he had "personally sent the ruling to the (DCA), certified return receipt," although he said he was not allowed to see it.
On Jan. 10, E.J. Miranda, a spokesman with the DCA, told the News Transcript that the department has received the report prepared by Timpone and is reviewing the matter.
In comments after the reorganization meeting, Shapiro said, "It is unfortunate that Ms. Cozzolino, who would like to give the appearance of being an advocate of the people, selectively gave the facts to the public."
Shapiro said he and Hogan put the information regarding the business venture, which was a horse farm in Howell, on their public disclosure statements as required by law.
"It is unfortunate that she left that part out when she gave the appearance that this was being kept secret," said Shapiro. "At the same time it has come to my attention that the (former) township attorney (Matthew Giacobbe) knew of the relationship and was derelict in his duty by failing to advise me to recuse myself when the vote (on a salary ordinance for municipal employees, including Hogan,) was taken.
"When it was brought to my attention about the technical, not the substantive violation, I was told by at least 20 different attorneys, some who were judges, to go out and retake the vote and that this type of oversight happens all the time," he said. "When I was advised by Mr. Giacobbe not to go out and do this it started to become apparent that there was an orchestration here for political reasons, and for other reasons that will become apparent in the near future."
Regarding the choice of a special counsel to investigate the matter, Shapiro said, "In fact, the special counsel, although requested by (Committeewoman Rebecca) Aaronson (who served as mayor in 2002) to be picked by herself, and was agreed to by Mr. Giacobbe, was intentionally picked by Mr. Giacobbe.
"It is important to note that I believe, going against the constitution, special counsel was advised to make a cover letter that I was not to be shown, which is unheard of," said Shapiro. "The report clearly states that the finding indicates that there was no conflict of interest arising from my vote regarding salary adjustments for 52 employees.
"It is also important to note that Ms. Cozzolino was quoted as saying one of the other infractions was that I voted on cell phone reimbursement bills for Mr. Hogan. Mr. Hogan has not had a township phone in over (18 months) … In fact, his cell phone is supplied by the fire commissioners," Shapiro said.
"If Ms. Cozzolino, the advocate of the people, would have checked the facts before she accused me, she would avoid the embarrassment that she will obviously have to endure when the facts come out," he said.
Although all five members of the governing body are Democrats, the vote on Shapiro’s nomination as mayor resulted in a 3-2 split. Shapiro voted for himself, and received support from Aaronson and Committeewoman Beth Ward. Cozzolino and Committeeman William Scherer voted against the nomination.
Later in the reorganization meeting, the committee voted 3-2 to hire a new township attorney, Donald Lomurro of Freehold Township. Shapiro, Aaronson and Ward voted for the hiring, while Cozzolino and Scherer voted no.