PARSIPPANY — Parsippany Focus has received a new Summons filed against Parsippany-Troy Hills Mayor James Barberio on Tuesday, June 6, 2017 in Parsippany Municipal Court. The charges filed by William Brennan against James Barberio state “Within the Jurisdiction of this Court, commits an act related to his office, but constituting an unauthorized exercise of his official function, knowing that such act is unauthorized, with purpose to obtain a benefit for another, did unlawfully hire Ramona J. Ortiz, to the title Keyboarding Clerk I above the salary range provided within Ordinance 2016:22. The value of the benefit obtained by defendant on behalf of Ramona Ortiz exceeds $200.00, contrary to an in violation of 2C:30-2A.
2C:30-2 states. Official misconduct: A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit: a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct is a crime of the second degree. Under New Jersey’s Official Misconduct law, N.J.S.A. 2C:30-2, a public servant can be prosecuted for acts committed in their official capacity and, if convicted, imprisoned for up to ten years.
Click here to view a copy of the complaint.
On May 25, 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 original charges were filed under a different statue.
At the time, Mr. Brennan stated “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.”
“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.”
At this time it is unclear if the same charges were filed against Business Administrator Ellen Sandman, or if an additional charge was filed for the hiring of Eugene Natoli, in December 2016.
Parsippany Focus will update this story as developing details are released.
Read previous stories:
Judge denies probable cause in criminal charges against Barberio: click here.
Criminal Complaints filed against Barberio: click here.
