PARSIPPANY — The Morris County Democratic Committee filed with the New Jersey Election Law Enforcement Commission a complaint and a request for investigation of James R. Barberio and his campaign accounts, on Tuesday, October 10.

Charles Robinson, Chairman of the Morris County Democratic Committee said “The complaint alleges violations of a New Jersey regulation that guards against the use of taxpayer dollars to promote the campaigns of incumbent elected officials. The allegations levied in the complaint are serious, as are their consequences, and they would not be made if they were frivolous or not well-grounded in both fact and law. Nonetheless, it is important that the complaint be made.”

“Good, decent people like Michael Soriano will never be able to compete in fair elections in Morris County if incumbents are permitted to leverage the power of town hall for their candidacies and fund their campaigns with taxpayer dollars. Raising funds for campaigns is the most difficult, and quite frankly unenjoyable, aspect of running a campaign. We cannot stand by and watch as incumbents get a pass on this daunting task because they are able to use public funds to promote their own candidacies. Nor can we sit on our hands when faced with an egregious breach of the tremendous trust placed in our elected officials,” said Robinson.

The complaint states “Parsippany Mayor James R. Barberio (d/b/a “Team Barberio” and
“Friends of Jamie Barberio” for violation of N.J.A.C. 19:25-10.11 (b) by failing to disclose a contribution made to the Barberio Accounts by the Township of Parsippany-Troy Hills (“Township”). Both a “newsletter” published by the Township and publications on the Township’s Facebook page are “political communications” within the definition of the cited regulation, and as such the cost of the publication must be reported as an in-kind contribution from the Township to the Barberio Accounts.

The “newsletter” entitled “Pride in Parsippany” was received by an unknown number of Parsippany residents. It was published within 90 days of the upcoming November 7, 2017 general election – 33 days to be exact- in which Mr. Barberio is a candidate for the office of mayor of Parsippany-Troy Hills. The newsletter is entitled “Pride in Parsippany”. This phrase is a campaign slogan used by Mr. Barberio frequently and as recently the June 2017 primary election.

Last week, Democrat Michael Soriano, who is challenging two-term incumbent Republican Barberio in the general election, said he has filed an Open Public Records Act request “to determine the exact amount of taxpayer dollars spent to prepare, print and mail this publicly-funded campaign material.”

Parsippany Focus also filed a similar request with the Township Clerk, Khaled Madin, on Friday, October 6.

Soriano stated, “On behalf of the taxpayers of Parsippany, I am demanding that Mayor Barberio immediately reimburse the township for all expenses incurred in the production of this flyer.”

He added, “This is exactly the kind of mismanagement and waste that inspired me to run for office.  This sort of behavior, violating the trust of Parsippany’s taxpayers, has been emblematic of Mayor Barberio’s administration. Calling out this behavior for all to see is the first step in cleaning up Parsippany.”

According to the complaint,  other blatantly-political communications within the “newsletter” include:

• An article entitled “Police Sub-Station Comes To Western Parsippany” which credits Mr. Barberio with the upcoming opening of a new police facility, and features a photo of a banner for the facility with Mr. Barberio’s name prominently displayed. The article boastfully claims, among other things, that “[r]esidents in the western portion of Parsippany can rest easier as Mayor Barberio has secured a police sub-station …. ”

• An article concerning a farmer’s market which credits “Mayor Barberio’s Wellness Campaign” with formation of the market.

• An article concerning the opening of a golf driving range in which “Mayor Barberio is pleased to announce” the opening of the new range.

In addition to the mailer, the Township’s Facebook page, maintained by Township employees at taxpayer expense, appears to have been hijacked by the Mr. Barberio’s campaign organization. Sometime prior to and at all times since August 9, 2017 (90 days prior to the general election), the posts on the account have been near-completely dedicated to promoting Mr. Barberio. Too numerous to recite in their entirety. Some egregious examples of posts promoting Mr. Barberio include:

• “Throughout his term as Mayor, Mayor Barberio has made preservation of open space a priority.” (20 September at 09:18).

• “Throughout his term as Mayor, Mayor Barberio has made preservation of open space a priority.” (20 September at 09:18).

• “Labor Day message from Mayor James Barberio – The Township of Parsippany-Troy Hills ranks as the 5th Best Place to live in America. The Township received this ranking because of the combined efforts of my administration and the township employees.” (4 September).

A “political communication” as defined by N.J.A.C. 19:25-10.10(b), is:

A written statement, pamphlet … or other printed matter or statement, communication, … or an advertisement delivered or accessed by electronic means, including, but not limited to, the Internet, that does not contain an explicit appeal . . . for the election or defeat of a candidate … if it meets the following conditions:

1. The communication is circulated or broadcast within 90 days of the date of any election in which the candidate on whose behalf the communication is made is seeking nomination for election or elected office;

2. The communication is circulated or broadcast to an audience substantially comprised of persons eligible to vote for the candidate on whose behalf the communication was made;

3. The communication contains a statement or reference concerning the governmental or political objectives or achievements of the candidate;

4. The production, circulation or broadcast of the communication, or any cost associated with the production, circulation or broadcast of the communication, has been made in whole or in part with the cooperation of, prior consent of, in consultation with, or at the request or suggestion of the candidate.

Mayor James Barberio did not respond for request to comment for this article.

Click here for complete copy of the complaint. (Download Exhibits here)

PARSIPPANY — Mayor James Barberio violated New Jersey public and campaign finance laws by distributing a political flyer marketed as a newsletter, prominently featuring his campaign talking points and paid for by the Township of Parsippany-Troy Hills. Barberio’s name appears about a dozen times in the four-page glossy mailer.

Parsippany Focus conducted a survey of residents throughout Parsippany, and every resident contacted received the mailer, which was addressed “Resident at their home address.”

The flyer, mailed to households across Parsippany, amounts to the Mayor funding his campaign with taxpayer dollars. This is a clear violation of the 90 Day Rule (N.J.A.C. 19:25-10.10(b)), which stipulates that “political communications” cannot be sent by the municipal government within 90 days of an election. Specifically:

• The communication cannot be made within 90-days of any election involving the candidates (clear violation, less than 35 days before the election).
• The recipients may not be substantially made up of individuals eligible to vote for the candidate (clear violation, sent to households across Parsippany).
• The communication may not refer to the governmental objectives or achievements of the candidate (clear violation, multiple paragraphs on these topics).
• The communication may not be done with the cooperation or consent of the candidate (clear violation, issued by Mayor Barberio’s administration).

Michael Soriano, candidate for Mayor of Parsippany, has filed an Open Public Records Act request to determine the exact amount of taxpayer dollars spent to prepare, print and mail this publicly-funded campaign material.

Michael Soriano stated, “On behalf of the taxpayers of Parsippany, I am demanding that Mayor Barberio immediately reimburse the township for all expenses incurred in the production of this flyer.”

He added, “This is exactly the kind of mismanagement and waste that inspired me to run for office.  This sort of behavior, violating the trust of Parsippany’s taxpayers, has been emblematic of Mayor Barberio’s administration. Calling out this behavior for all to see is the first step in cleaning up Parsippany.”

Parsippany Focus also filed an Open Public Records Act (OPRA) requesting:

• All invoices, purchase orders, emails, correspondence regarding the creation (writing of stories, photographs) of the 4-page newsletter mailed to Parsippany residents on or about October 5, 2017. If a township employee contributed to the creation, all time sheets showing name, hours spent on project;
• All invoices, purchase orders, emails, correspondence regarding the printing of the 4-page newsletter mailed to Parsippany residents on or about October 5, 2017. If a township employee contributed to the creation, all time sheets showing name, hours spent on project;
• All invoices, purchase orders, emails, correspondence regarding the graphic design of the 4-page newsletter mailed to Parsippany residents on or about October 5, 2017. If a township employee contributed to the graphic design, all time sheets showing name, hours spent on project;
• All invoices, purchase orders, emails, correspondence regarding the mailing, including postage receipts, of the 4-page newsletter mailed to Parsippany residents on or about October 5, 2017.

OPRA requests are required to be answered within seven working days, not counting the day submitted, weekdays or holidays. Our request was submitted to the Township Clerk on October 6, and we should receive a response by October 18.

Mayor James Barberio did not answer a request for comments for this story.

In 2014, Bergen County Executive Kathe Donovan, ran into the same issue with “Bergen Blast,” printed by the county and posted on its website. It talked about what Donovan has done for seniors, about how she “delivers healthy alternatives to Bergen County,” how she’s “taking action” to help those with mental health problems. The newsletter — which was set to be distributed to libraries, lobbies, senior centers and veterans homes in the county’s 70 towns — was illegal because Donovan was up for re-election in November.

New Jersey’s law considers many types of communications political if they’re made within 90 days of the election, and therefore counted as in-kind contributions. But it’s illegal for public entities to give political contributions to campaigns. At the time, Donovan’s office dropped its plans to distribute the newsletter and removed it from the internet. Donovan personally reimbursed the county the cost of printing the newsletter.

The New Jersey Election Law Enforcement Commission Former chairman Ronald DeFilippis, the longest-serving chairman in ELEC’s history, who resigned July 21 previously issued comments regarding the 90-day rule, or the political communication regulation.

The 90-day rule, or the political communication regulation, is effective under the following conditions:

1. When the communication is made within 90-days of any election involving the candidates;

2. When the recipients are substantially comprised of individuals eligible to vote for the candidates;

3. When the communication refers to the governmental objectives or achievements of the candidate; and,

4. When the communication is done with the cooperation or consent of the candidate.

In the majority of cases, the rule has applied to communications produced by a governmental body such as a municipal, county, or state government agency.

If the above conditions are met, the cost of producing and disseminating the communication would be an in-kind contribution from the governmental body to the candidate.

This expenditure would be required to be disclosed by the candidate as an in-kind contribution.

While the Commission is authorized to enforce disclosure of this activity, it does not, however, have jurisdiction over the issue of the legality of using taxpayer funds for this purpose.

As with any law or regulation there are exceptions. For example, there is no requirement to report a communication by an incumbent officeholder seeking re-election if the communication is in writing and is made to a constituent in direct response to a prior communication from the constituent.

The 90-day rule applies to all candidates running for public office, including fire district and school board candidates.

The Commission’s staff is available to assist with questions related to the 90-day rule. Staff can be reached at (888) 313-3532.

Requests for advisory opinions can be submitted in writing to the Commission at ELEC, P.O. Box 185, Trenton, NJ 08625. For copies of this report click here.

Information is also available by clicking here.