Beth 'Layoffs' Mason Lies Again

original Mason photo credit: MSV

Ready for this, folks?   

GA's about to show you that Beth "Layoffs" Mason's EXCUSE for the impending Mason Layoffs of City workers has more holes in it than a golf course.

Here we go!

Yup, the 'reason' Mason gave yesterday in her announcement was that city-wide LAYOFF notices were issued because "Four City Council members refuse to support this potentially illegal agreement  because of the legal exposure it will cause taxpayers"

("This potentially illegal agreement" is what everyone is calling the 'lease' of  the midtown garage to HoldCo, the hospital buyer, set for a period of 99 years.)

Do you get what she's saying?

"Layoffs" Mason is using Hoboken taxpayers as a human-shield to protect her from blowback for triggering a wave of layoffs.  Because, according to her, the agreement with HoldCo is 'illegal'.

Here's exactly how "Layoffs" Mason put it yesterday:

This weekend The Star Ledger reported the agreement violates state law and Hoboken411 reported such parking agreements require  a competitive bid process.

Four City Council members refuse to support this potentially illegal agreement, because of the legal exposure it will cause taxpayers.  As a result, the Mayor issued city-wide layoffs notices last week and stated this may include police and fire layoffs.

Where to begin?

This weekend's Star Ledger report that the agreement violates state law has been refuted by... the state. This appeared in yesterday's Jersey Journal:

 On Saturday, The Jersey Journal and The Star-Ledger reported that state law caps parking lease agreements at 50 years. But today, state Department of Community Affairs spokeswoman Lisa Ryan said the state has no oversight over such matters.

So there's no "violation of state law" in the agreement with HoldCo.

Next (and this one's a hoot)... there's the 'report' on Hoboken411that such parking agreements require a competitive bid process.  And here's the N.J. statute that the legal scholars at the We-Smear-For-Dollars Think Tank dug up, their premise  for declaring the garage agreement 'illegal':

N.J. Statute § 40:60-25.1 states that public land can only be leased for “periods of time not exceeding 50 years.” However, the statute requires that the lease be made only after a competitive bid process.

Has anyone except "Layoffs" Mason ever confused cyber-rag Hoboken411with the American Bar Association?

Anyway, there's nothing as impressive as a heap of legal mumbo-jumbo following a statute-number.  Right?

Wrong.

GA's legal department, the inimitable (and expensive) Not-Stempler was not impressed.  (Can you believe he bills at $850/hour?)  In fact, the usually sunny fellow showed his impatience with "Layoffs" Mason's perpetual Spin cycle in his rebuttal on GA yesterday.  

Well, believe me when I tell you that Not-Stempler is disgusted by the Mason Operation's misuse, misunderstanding and craven manipulation of  the law to justify hurling City workers out of jobs.   We had a brief chat this morning, and here's how he DESTROYED Beth "Layoffs" Mason's argument that the statute applies to the HoldCo agreement.

Ready?

Legally, the midtown garage agreement with HoldCo is the purchase of a LICENSE, not a lease.  

HoldCo is buying the license for transponders to access a parking structure for a price of X-dollars for 99-years.  They have not LEASED the structure itself.  It is therefore a LICENSE agreement for the sale of transponders in the quantity and period of use defined by the agreement. 

This from the mouth of my $850/hour legal department.  (That's about $850/hour more than GA pays him).

Further, Not-Stempler gave the example of paying for a hotel room; you are not actually leasing the room, you are purchasing a license to access the room for x-amount of time for a price of x-dollars. 

The HoldCo license for transponders to access the midtown garage works the same way. 

Message for the legal geniuses at Hoboken411 who dug up N.J. Statute § 40:60-25.1 to justify the MASON LAYOFFS: nice try.  But you really ought to confer with an actual lawyer before you blow smoke from your asses... perhaps Ricky Mason?

Now, let's review our conclusions regarding Beth "Layoffs" Mason's debunked lies:

• There is no violation of state law in the midtown garage agreement with HoldCo.
• There is no  N.J. Statute § 40:60-25.1 application re: 'lease' 50-year limit, nor 'competitive bid requirement' because the agreement with HoldCo is a license for transponders, not a lease.

And that concludes this chapter of 'Lying for Layoffs'.

What new whoppers will tomorrow bring?