DUMONT ILLEGAL MEETINGS ???

Similar in manner to other towns, “Executive Sessions” of the governing body are typically work meetings where governing body members usually dress informal, role up their sleeves and discuss municipal matters. However, no official action or votes are taken other than perhaps a consensus to move forward on certain issues and list it for the agenda of the next "Public Meeting". While the public is allowed to attend "Executive Sessions", the governing body can permit, regulate or prohibit active participation by the public.

"Public Meetings" of the governing body are their meetings at which they take public action and record official votes. Members of the governing body are typically dressed formally at these "Public Meetings" where any member of the public may ask direct questions pertaining to items on the meeting agenda or any other issue whatsoever.

HOWEVER, nowhere in Resolution 09-06 is there any statement or language to the effect that official action may or may not be taken at the "Executive Sessions". As seen in other towns' reorganization minutes, the set meeting schedule may specifically state that "Executive Sessions" contain a "Public Meeting" at which time official action may or may not be taken. DUMONT'S MEETING RESOLUTION DOES NOT SAY THIS IN ANY MANNER, SHAPE OR FORM !

This schedule of Dumont's Mayor and Council meeting dates is clearly seen in our Town Calendar. As such, one would be hard pressed to argue against the rationale that members of the public would typically attend the "Public Meetings" to see what is officially going on and be entitled to ask any questions. It would also be hard to make a case that "Executive Sessions" are standing room only.

ALL OF THIS SAID, LET'S TAKE A GOOD LOOK

According to the adopted schedule, Dumont's Mayor and Council could properly meet at an "Executive Session" scheduled for September 1, 2009, a first Tuesday on the month, at 6:30 PM.

HOWEVER, a meeting was held at 11:00 AM that day. It appears that this meeting may have been in total violation of the "Sunshine Law" because it appears that no special notices where done as required.

NOW, take a look at the minutes of the meeting and you will clearly see why they did not want the subject matter discussed during their normal meetings. Even Mayor McHale "ducked" being physically present and "called into" the meeting.

Now, 5 years later as Mayor with his very same auditor, McHale has very serious problems with his 2008 Audit. As he states, "this meeting was called to address chronic issues ". The CFO explained that the corrective action on the payroll agency and animal trust problems has been made. The auditor stated that the ledgers are to be maintained on a regular basis and suggested that an auditor review the general ledger once a month.

KIND OF MAKES YOU WONDER WHAT REALLY HAPPENED HERE !!!

Pay particular attention to the minutes of the REGULAR meeting held LATER THAT SAME DAY on 09-01-09 at 7:00PM. As you can clearly see, the Mayor is again ABSENT, but Resolution #09-228 - 2008 Audit Certification is on that night's agenda. It is adopted unanimously WITHOUT ANY QUESTIONS, COMMENTS OR DISCUSSIONS ON ITS FINDINGS OF "CHRONIC" PROBLEMS.

On the REGULAR public meeting held on 09-15-09 at 6:30PM, you will see Resolution #09-249 Approval of Corrective Action Plan for the 2008 Audit. As you will see, McHale again "ducks" by coming late as Manna opens the meeting. This resolution needs an official vote that the Council has seen the 2008 audit, its statement of problems, and agrees to the corrective action. It passed unanimously. AGAIN, WITHOUT ANY QUESTIONS, COMMENTS OR DISCUSSIONS ON ITS FINDINGS OR "CHRONIC" PROBLEMS.

This Corrective Action Plan is exactly what was discussed at the "09-01-09 Special Meeting" held at the extremely odd hour of 11:00AM"

TOTALLY OUT OF THE PUBLIC'S VIEW !!!

ANOTHER INSTANCE

On November 18th, 2009, the Bergen Record reported:

"The Municipal Court administrator for Dumont and Demarest was charged with theft on Tuesday, accused of pocketing $1,285 in court fines that violators thought they were paying in full to Demarest, authorities said."

LOOK REAL CLOSE HERE AT WHAT HAPPENED OVER ONE MONTH EARLIER. IT OPENS UP QUESTIONS AS WHO KNEW WHAT AND WHEN DID THEY KNOW 1???

Clearly, the meeting of the Mayor and Council of Dumont for October 6, 2009 is listed as an Executive Session. As such, the public would typically not be in attendance. Thankfully, the meeting was captured on video and shows the "official" actions taken. If you watch this meeting's video on http://www.abetterdumont.com, you will see that the members of the governing body are dressed informally as they would be for an exectuve session. HOWEVER, at this EXECUTIVE SESSION, out of public eye and question, the governing body took "official action". The minutes and video also show that Mayor McHale and Councilpersons McQuade and Zamechansky staggered their arrivals with all of them "ducking" the voting portion of this meeting.

Direct from the Dumont website, Resolution #259 adopted on OCTOBER 6, 2009 , appoints an acting court administrator and states that " the governing body of the Borough of Dumont received a letter of resignation from t he Municipal Court Administrator”.

WHILE THIS WAS ADOPTED UNANIMOUSLY, THE MINUTES AND THE MEETING VIDEO SHOW THAT NO ONE, BUT NO ONE ASKED A SINGLE QUESTION OR CONERN FOR THIS SUDDEN RESIGNATION !

Mariners Bank was approved to be the official depositor of the town at the reorganization meeting back on January 6, 2009. But yet, they chose to do it again in Resolution #260. However, buried toward the end of the resolution, you will see, “Be it further resolved , that two original signatures, no facsimile, be required on each transaction on the Municipal Court Account".

HERE AGAIN, THIS WAS ADOPTED UNANIMOUSLY AND NO ONE, BUT NO ONE, QUESTIONS WHY THIS SUDDEN CHANGE IS PUT IN PLACE SO LATE IN THE YEAR ??

Then, a Special Emergency Meeting is called for on October 13, 2009. It will not be until the minutes of this meeting are released, if ever, that we will truly know why this meeting was called and why they called it an emergency.

The timing of all these events is extremely suspect:

First, we have the meeting of 10-06-09 at which time a resignation is accepted. Strange that it was done at an Executive Session with no public in attendance. Stranger yet, no questions were asked about this very sudden and quite unexpected resignation from this long tenured employee.
Then, people starting asking questions - alot of questions both in Dumont and Demarest.
All of a sudden, there is an Emergency Meeting called the next week on 10-13-09 and held behind closed doors.
Over one month later, we read that the person who resigned was arrested for alleged theft. We then read that the thefts occurred well over a year ago?

Special Emergency Meeting

10-13-09