Criminal Charge against Barberio has resulted in odd behavior

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Mayor James Barberio

PARSIPPANY — As reported in Parsippany Focus on April 7, Democratic activist and candidate for governor Bill Brennan filed a citizen’s complaint against Parsippany-Troy Hills Mayor James Barberio and Business Administrator Ellen Sandman in Parsippany Municipal Court on Friday, April 7, a move that could result in fourth degree criminal charges against the duo. (Click here to read full story: Criminal Complaints filed against Barberio).

According to the complaint, both defendants were to appear in Morris County Superior Court on Wednesday, April 19 at 11:30 a.m.

Before a complaint is sent to Morris County Superior Court, a probable cause hearing must be heard by a judge.  Parsippany Municipal Court determined that they were in conflict and sent the case for probable cause to Morristown Municipal Court.

Bill Brennan stated “My criminal charge in Parsippany has resulted in odd behavior by the municipal court system. Before sending the case to Morristown Municipal Court for a probable cause determination, the Parsippany Municipal Court set a first appearance for the defendants in Superior Court for April 19. This caused media inquiries to the Superior Court regarding status. In response the Superior Court was perplexed because no paperwork had been received from either Parsippany or Morristown.”

Mr. Brennan then asked Parsippany Municipal Court what happened and was told that on April 7 the case was sent to Morristown Municipal Court for a Probable Cause determination.

Morristown Municipal Court is hopelessly conflicted because:

  • Morristown Planning Board Attorney is John Inglesino;
  • Morristown Township Attorney, Vij Pawar, represents Barberio (in Carifi vs. Barberio);
  • Morristown Prosecutor, Robert J. Rudy, III, is partnered with Barberio’s attorney,Vij Pawar (in Carifi vs. Barberio). Mr. Rudy currently serves as the Municipal Prosecutor for the Town of Morristown.

Parsippany Focus called Mr. Pawar on Wednesday, April 19, asking for comment as to why the Probable Cause hearing was scheduled for Morristown Municipal Court on Thursday, April 20, when it is clearly a conflict of interest. Mr. Pawar did not return our call.

Parsippany Focus called the Morristown Court Clerk on Thursday, April 20, and was advised the case has been sent back to Parsippany Municipal Clerk for further determination.

Despite these conflicts, the Morristown Municipal Court held onto the charge from April 10 until April 20 when they “discovered” these conflicts.

Mr. Brennan stated “This delay appears to be a calculated maneuver to buy time for the Mayor and Council. Both Morristown judges violated the Judicial Code of Conduct by delaying a case on behalf of the defendants under the misguided notion that somehow modifying a salary ordinance after the hiring and payment of employees would mean a crime did not occur. Under Inglesino’s reasoning two employees could be hired as Keyboarding Clerk 1 on New Year’s eve and each receive $48,000 in salary for that day – they could then work on January 2 and each receive another $48,000 in salary for that day and then be laid off. This nonsense is what passes for legal advice in Parsippany – so far the system is failing us again when it comes to Christie’s cronies.”

“On “Planet Inglesino” two keyboarding clerks can legally collect a total of $192,000 by working two days each and the salary range would not be violated. This is absurd.
We are about to see what kind of corrupt judge goes along with such an obvious fallacy,” stated Mr. Brennan in a press release.

Parsippany Focus contacted Parsippany Municipal Court Administrator Alvaro Leal, who confirmed the case was sent to Morristown Municipal Court for probable cause and was being returned to Parsippany Municipal Court, to be reassigned to yet another Municipal Court Judge for Probable Cause.  At this time it was not determined when and where this will happen.

In the meantime, Parsippany-Troy Hills Township Council scheduled an “special” meeting, on April 11, to pass an ordinance to change the White Color Salary Ordinance (Click here to read story: Cover Up Of A Crime? Salary Ordinance Revised; 3-2 Vote on First Reading). Council President Louis Valori, Councilman Michael dePierro and Councilwoman Loretta Gragnani approved the Ordinance on First Reading. Council Vice President Robert Peluso and Councilman Paul Carifi, Jr. voted no.

The Ordinance is on the agenda for the Regular Council meeting to be held on Tuesday, April 25 for final reading and approval.

The Ordinance, #2017:05, shall be retroactive to January 1, 2017 for all employees active on the date of introduction of this ordinance. The salary in this ordinance for Keyboarding Clerk 1 will have a minimum starting salary of $17,000 annually to $55,000 annually. (Note: A copy of the Ordinance was not available to the public during the special meeting, Parsippany Focus obtained a copy through Open Public Records Act (OPRA). Click here to see the complete White Collar Salary ranges.

“I find it kind-of comical that we had to have this special meeting, at the last second, right after this gentlemen who you claim files this bogus claim,” Councilman Paul Carifi told Parsippany Focus. “Again, the mayor hired these people at a higher rate than what the salary ordinance allows. That is a fact. This is a knee-jerk reaction, as usual, by the mayor.”

“I’m voting with my conscience, no,” Council Vice President Robert Peluso said.

Bill Brennan told the Daily Record, “I am beginning a legal campaign against these lawless abusers. Inglesino is my ultimate target. I investigated the perpetrators and started with Inglesino’s cronies, and am working my way up.”

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Copyright 2017 Parsippany Focus

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