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HomeLocal NewsJudge denies probable cause in criminal charges against Barberio

Judge denies probable cause in criminal charges against Barberio

PARSIPPANY — Pequannock Township Municipal Judge John A. Paparazzo failed to find probable cause on the criminal charges filed against Mayor James Barberio and Business Administrator Ellen Sandman, stating that Mr. Brennan should have filed a hearing with the Civil Service Commission.

“The judge exerted the truth regarding the criminal complaint. He wasn’t going to enforce it because he claims it should have been filed with the Civil Service Commission. They are watering down every check and balance citizens had in place to hold government officials accountable. Christ Christie controls the prosecutors, judges and attorney general, we need the system to be held accountable and enforceable,” said Bill Brennan.

He also said “John Inglesino is the ultimate target in the series of criminal charges that I commenced against Parsippany officials. Inglesino is a criminal and I invite him to sue me for slander, defamation and libel because I have said it, I have implied it and I have put it in writing. I welcome the subpoena power that such a lawsuit would confer upon me.”

Mayor James Barberio and Business Administrator Ellen Sandman did not attend the Monday hearing. Attorney Vij Pawar, representing the duo, addressed the court.

Previous, Parsippany Court Administrator Al Leal referred the probable cause hearing to Morristown Municipal Court. At that time, Parsippany Focus contacted Mr. Pawar, who refused to take our call, but we left a message with his secretary, reminding Mr. Pawar, that would be a conflict of interest to hold the hearing in Morristown Municipal Court, since his partner is the Morristown Prosecutor.  Mr. Pawar never returned our telephone call. The the hearing was sent to Lincoln Park Municipal Court, but the Judge also determined there was a conflict of interest, so the hearing was then sent to Pequannock Municipal Court.

The criminal charges were filed in Parsippany Municipal Court on Friday, April 7 by Democratic activist and candidate for governor Bill Brennan. The charges stem from two employees hired in violation of Parsippany’s White Collar Salary Ordinance.

Ramona J. Ortiz was hired on December 5, 2016 as a Keyboarding Clerk 1, at an annual salary of $54,000. The salary ordinance for white-collar workers, specifically Keyboarding Clerk 1, Ordinance 2016:22 states the salary is a minimum of $17,000 with a maximum of $48,000. She was hired at $6,000 more than the maximum amount allowed by Township Ordinance.

Eugene Natoli was hired on December 19, 2016 as a Keyboarding Clerk 1, at an annual salary of $50,000. The salary ordinance for white-collar workers, specifically Keyboarding Clerk 1, Ordinance 2016:22 states the salary is a minimum of $17,000 with a maximum of $48,000. He was hired at $2,000 more than the maximum amount allowed by Township Ordinance. 

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.”

During the delay in hearing the probable cause, 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 against the ordinance.

The Ordinance was approved 3-2 on final reading at Regular Council meeting held on Tuesday, April 25.

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.

Brennan said the municipal court did not give him satisfaction, he will file a new complaint that left out the civil service violation, a fourth-degree crime, and charge them with official misconduct.

“The judge didn’t do any favors for the defendants because he created a new paradigm in which fourth-degree crimes have to be processed by an administrative agency,” Brennan said. “But if he wants to do that, then all the elements of official misconduct are met by their charges, and I’m just going to go back and charge him with official misconduct for violating the municipal ordinance. I was trying to be decent to them. I didn’t want to put them in jail for five years. But if the judge doesn’t want this big fourth-degree crime, then he’s related them to a five-year mandatory minimum.”

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Frank L. Cahill
Frank L. Cahill
Publisher of Parsippany Focus since 1989 and Morris Focus since 2019, both covering a wide range of events. Mr. Cahill serves as the Executive Board Member of the Parsippany Area Chamber of Commerce, President of Kiwanis Club of Tri-Town and Chairman of Parsippany-Troy Hills Economic Development Advisory Board.
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