Council's "investigation" DOA after drubbing by City Defense Attorney

"...in my twenty (20) years of practice I have not seen a situation where requiring City employees to provide sworn statements about potential litigation prior to commencement of a lawsuit would work to the benefit of the City. "

-Victor A. Afanador, Esq., defense counsel to the City of Hoboken on September 16, 2020

These council members put political alliances ahead of Hoboken taxpayers

RECAP 

Last night's Hoboken Council Meeting Agenda included a resolution sponsored by Tiffanie Fisher and Mike DeFusco, authorizing the Council to investigate a public employee's Notice of Tort Claim against the City of Hoboken and "John Does."  This "investigation" would amount to closed session depositions of City officials. More stunning is that the Claimant's allegations appear to rely on statements by Councilwoman Fisher published in Hudson County View on May 28, 2020.  

LAST NIGHT

Well believe it or not, this resolution was actually voted on- and passed 6-3. However, exchanges between Fisher and the City of Hoboken's defense counsel indicate the "investigation" is DOA. It's passage was cosmetic, lipstick on a pig, a face-saver for its sponsors.  

However the Council was warned by the City of Hoboken's defense counsel prior to the meeting not to pass the resolution.  They were told that passing the resolution would hurt the City's case, and consequently, the Hoboken taxpayer. The Council chose to ignore the City's legal advice, choosing political loyalties over loyalties to the Hoboken taxpayer. 

This advice from the City's defense counsel came in a 2-page letter, dated September 16, 2020.  

    LEGAL OPINION IGNORED BY COUNCIL

CITY OFFICIALS WERE 'RICED' PRIOR TO COUNCIL MEETING 

"It has come to my attention that RICE notices were issued to a number of City employees related to the Notice of Tort Claim filed by Mr. Grossi." 

-Victor A. Afanador, Esq.

"RICE" notices are required by law when a government body plans to question a city employee or public official on personnel matters.  The subject of the "RICE" then can choose either a public or private forum in which to testify, and to obtain counsel as necessary.  

Mr. Afanador's letter noted his awareness that City employees had been Riced for the Council witch hunt "investigation."   

Multiple sources confirmed that at least SIX Rice Notices had been issued, and it is believed that they were issued at Fisher's behest. According to sources,  Rice Notices was served to one elected official, two members of the Administration, and three public employees.  

To put it simply, this is the cart coming before the horse. At the time six were Riced, the resolution to obtain depositions from witnesses was only ink on paper. Issuing Rice Notices in anticipation that the council would authorize a fishing expedition "investigation"  is odd, to say the least. It has the stench of political collusion.   

FISHER NOTIFIES DEFENSE COUNSEL: "WE'VE RESCINDED RICE NOTICES"   

Multiple sources confirm that prior to last night's meeting, Councilwoman Fisher sent a notice to be delivered "ASAP" that "we rescinded the RICE Notices.... the council is not looking for statements prior to [your] investigation of this important issue" 

Ouch. Translation:

"Okay, maybe we stepped in shit. Maybe I should have kept my proboscis out of an ongoing legal matter between the City Administration and a public employee, instead of attempting to boost the employee's case AGAINST the City of Hoboken. In fact, my actions against Hoboken were SO stupid and harmful to Hoboken taxpayers, I can hardly believe it! Imagine that. Sitting Council members helping a case against the City of Hoboken. After all, our "investigation" could be used to supplement the Claimant's own discovery... and on the Hoboken taxpayer's dime! Call that a double-screwing! Making taxpayers underwrite council discovery AGAINST the City of Hoboken! Who told me I was brilliant? Oh, that was me. Sure, you warned us not to pass the resolution, but whats more important: making 6 partisans on the council look like jackasses or hurting tens of thousands of Hoboken taxpayers? Correct! As long as you understand WHO really matters. Mwaaa haaa haaa."

Folks, you get the government you deserve. So pay attention. If you don't, this is what you get and you deserve it.