October 20, 2009 - 2:09pm

News

Monmouth hangs in balance as Curley battles Byrnes

By Max Pizarro, PolitickerNJ.com Reporter

Middletown Township Committeeman Sean Byrnes, right.

FREEHOLD - The Monmouth County Freeholders' race just turned into a flashpoint, as the influential Asbury Park Press endorsed Democrat Sean Brynes, answered by Republican John Curley's charge of a conflict-of-interest agains Byrnes, a Middletown Township committeeman.

Stunned by the Press's Sunday endorsement of his Democratic opponent, the same paper that endorsed the Republican last year, Curley turned around and condemned Byrnes for voting on Jan. 6th, 2008 against appointing Thomas F. Stokes to the Middletown Sewerage Authority.

Byrnes recorded his "no" vote on the governing body for the failed township committee candidate while serving as trial counsel in a lawsuit brought by a client against Stokes.

“For Mr. Byrnes to vote on this man’s appointment, instead of recusing himself, is unethical and frankly, unconscionable," said Curley, a Middletown resident and former Red Bank councilman who this month reported $46,983 raised to ELEC. "Anybody who has been a local elected official for five minutes could see that this is a total conflict of interest and that he had no business voting on this appointment. If Mr. Byrnes cant recognize a conflict on a matter as clear cut as this, how can anyone believe he’ll do it as a freeholder?”

Democrats say Curley is desperate.

A day before the two men are scheduled to square off in a debate for a seat to represent this traditionally Republican county where registered Democrats now outnumber the GOP and where control of the freeholder board hangs in the balance, Byrnes said that as a township committeeman he has opposed all of the appointees to the local sewerage authority.

"I represented (the client), but I didn't have any personal interest in the lawsuit," said Byrnes, who reported raising $36,065. "There were four people up for appointment to the Sewerage Authority at that time, and I voted against all four. I've never voted 'yes," or for any salary, health benefits, or pension benefits for members of the sewerage authority. They shouldn't be doing that. It amounts to $100,000 for taxpayers each year. Middletown shouldn't even have a sewerage authority.

"I don't vote to appoint people to the sewerage authority," he added. "It's just a boondoogle. I introduced an ordinance earlier this year to do away with pay, pension and benefits for sewerage authority members."

Curley has repeatedly hounded Byrnes over the newly Democratic-controlled Freeholder Board's decision to give a homeland security job to former Hazlet cop Glenn Mason, who ran against Curley for the freeholder board last year and also lost.

"Sean Byrnes talks about transparency," said Curley. "He tries to play the role of Bobby Kennedy. He talks in generalties. But when they asked him in the editorial board meeting if he would have voted in favor of Glenn Mason, he said he probably would have."

Curley's point is that Byrnes doesn't like patronage when it applies to Middletown Republicans, but has no problem being party to a pay-off for a former political candidate.

Freeholder Amy Mallett, who last year successfully ran on the Democratic ticket with Mason, dismissed Curley's criticism as "ridiculous."

"Glenn is totally qualified," she said. "That is not a political appointment."

The Press's endorsement of Byrnes lands in a county political climate that Republicans controlled for over two decades.

Democrats gained ground in the new millenium, winning three seats to secure the majority over the course of three years, but sustaining a hard loss when their first winner during this period, Freeholder Barbara McMorrow, announced her retirement this year due to health reasons.

Hoping to hold a 3-2 majority, the Democrats recruited Byrnes, an attorney and Coast Guard vet, to go up against Curley, who helps manage the family automobile business.

"Curley fled Red Bank complaining about property taxes to move into Sean's hometown of Middletown," said Democratic Party spokesman Michael Mangan.

Curley lost last year to Mallett, who had appeal in the 12th Legislative District's western region - Manalapan and Marlboro - where Jewish women came out big for one of their own. This year, up against the tough challenge of an unpopular incumbent in Democratic Gov. Jon Corzine at the top-of-the-ticket, Byrnes' handlers are highlighting his veteran appeal and coordinating heavily with 12th District Assembly candidate Michelle Roth, a former Manalapan mayor.

"The Press's endorsement certainly helps," said Brynes. "I'd rather they endorsed me than not endorsed, but the endorsement is not what it was ten years ago before new media. Certainly I think it's helpful, and they accurately reflected what I'm trying to do. They see that I have the experience and the drive and the ability to push this board beyond its 20-year legacy."

"I was told," said Curley of the Press, "that they needed a token Democrat."

Max Pizarro is a PolitickerNJ.com Reporter and can be reached via email at max@politicsnj.com.

Related topics: Sean Byrnes, John Curley

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Comments

I previously provided

posted by tfstokes

I previously provided PolitickerNJ all documentation to this.

It seems very clear that the Democrat candidate for Monmouth County Freeholder is guilty of unethical conduct as a township committee member in Middletown. I am tired of public officials thinking they are above the law, regardless of political party affiliation. Both parties have had their share of problems relating to this "culture of corruption". This is just another example of such arrogant behavior.

Marcus Tullius Cicero, in an address to the Roman Senate, once said, "The arrogance of officialdom should be tempered and controlled, and assistance to foreign lands should be curtailed lest Rome fall". How timely these words are, even though spoken more than 2000 years ago! Every public official, from local officeholder, to the president, should be forced to memorize these words (and, hopefully, adhere to them).

The Law is quite clear in this matter.

40A:9-22.5 Provisions requiring compliance by local government officers, employees
Local government officers or employees under the jurisdiction of the Local Finance Board shall comply with the following provisions:

d. No local government officer or employee shall act in his official capacity in any matter where he, a member of his immediate family, or a business organization in which he has an interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his objectivity or independence of judgment;

The democrat candidate for Monmouth County Freeholder has been involved in an adversarial relationship with myself, through litigation, since at least 2001. Yet, even though he had this business and personal, adversarial relationship, he failed to recuse himself when my appointment to the Township of Middletown Sewer Authority was discussed. As an attorney, he knows, or should know, better.

It is indeed unfortunate that I did not discover his personal involvement (I thought it was another Law Firm) until very recently. I only discovered this when he issued a subpoena. After doing diligent research, I discovered he has been involved in litigation as opposing counsel since at least 2001. Litigation is still ongoing, and I was to be deposed by the democrat candidate for Monmouth County Freeholder this Tuesday, October 20. (I was told at 4PM today that it has now been cancelled.)
On January 6, 2008, while I was in an induced medical coma, after my near death experience of December 26, 2007, the democrat candidate for Monmouth County Freeholder both discussed and voted on my appointment to an independent authority. The township committee meeting minutes confirm this and that his vote was against my appointment.

In an editorial, a daily newspaper endorsed the democrat candidate for his being a, "proponent of openness" and “increasing transparency”. Let me see, the record reveals he ignored state ethics law and hides his conflicts of interest by not revealing his involvement. Some “openness”, some "transparency"! Marcus Tullius Cicero also said, "Ability without honor is useless."

Is it any wonder why the majority of people, of all parties, are disgusted with public officials whose arrogance and elitism lead them to believe that "the law does not apply to them" and that the law only applies to others. It’s even worse when the public official is a member of the legal profession.

One more point, the democrat candidate for freeholder and his supporters seem to be trying to hide his membership in the Public Employees Retirement System (PERS). In the interest of “openness and transparency”, the fact is, as a matter of public record, the democrat candidate is a member of PERS, has 10 years and 3 months pension service credit (apparently from a political patronage job, or jobs, one of which was in Atlantic Highlands). He actually has enough PERS credit now to file for a retirement. If he were to be elected to the freeholder position, this would only substantially pad his pension entitlement at taxpayer expense. Now that’s a fact he and his democrat supporters don’t want you to know about. (I had to search the Star Ledger public employee database for 2007 (showing 2006 records), as this will not show up in the 2007 or 2008 records.)

“Openness and transparency” seem to be swept under the rug by the democrat candidate for Monmouth County Freeholder.

Thomas F. Stokes

10/20/09 11:16 pm

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update and correction

posted by tfstokes

your news story seems to indicate that John Curley filed the complaint with the local Finance Board in Trenton. That is false. Ifiled the complaint, not John Curley.

Here is what was filed:

October 15, 2009

Susan Jacobucci
Director, Division of Local Government Services
Chair, Local Finance Board
PO Box 803
Trenton, NJ 08625

VIA FACSIMILE AND MAIL
609-633-6243

Re: Violation of Ethics Law TITLE
40A:9-22.1 et seq.
Specific Paragraph: d
Public Official :
Sean F. Byrnes, Esq.
Township of Middletown Township
Committeeperson, (Monmouth County)

Dear Ms. Jacobucci:

After re-reading the above NJ Statute, I realized that the Township Committee has absolutely no authority in this matter, and after discussing this with your office today, I am forwarding a complaint, originally sent to the Township Committee, for your review and action.

The attachments include my original complaint detailing the violation, documentation of the violation (Court documents from 2004 identifying Sean F. Byrnes, Esq. as the attorney involved in litigation against me, my attorney’s Pre-Trial Information Exchange sent to both the Court and to Sean F. Byrnes, Esq. on April 27,2009 and the Township Minutes of the meeting held on January 6, 2008 which prove Mr. Byrnes actually discussed my appointment to a local authority and voted against my appointment).

In my discussion with your office, it was also suggested I forward a copy of this to the District IX Attorney Ethics Committee.

It saddens me that once again, a public official would have such an elitist and arrogant attitude that these laws do not apply to their actions.

I can only trust that this process will help restore some public confidence in government.

Thank you for your efforts to weed out unethical behavior; as a taxpayer and voter, I appreciate it.

Very truly yours,

Thomas F. Stokes

cc: Ms. Kathleen A. Sheedy, Esq.
Secretary, District IX Attorney Ethics
Committee

ACTUAL COMPLAINT LETTER WHICH WAS FORWARDED TO LOCAL FINANCE BOARD

October 9, 2009

Ms. Heidi R. Brunt
Township Clerk
Township of Middletown
1 Kings Highway
Middletown, NJ 07748-2594

VIA FACSIMILE
732-957-9090

Re: Conflict of Interest
Township Committeeman Sean F. Byrnes

Dear Ms. Brunt:

I must protest, in the strongest terms possible, an apparent violation of State Ethics Law by Township Committeeman Sean F. Byrnes.

I was shocked and dismayed to have recently discovered the following facts that seem to clearly prove Committeeman Byrnes violated the Code of Ethics.

First, I just learned that Mr. Byrnes, a local attorney, has been representing a client who has been involved in litigation against myself since 2004. The Docket Number of this case in Monmouth County is MON-L-2269-04. The Civil Case Information Statement, dated 5/14/2004, is signed by Sean F. Byrnes, Esq. The Designation of Trial Counsel paragraph states, “ Sean F. Byrnes is designated as trial counsel.” And is signed by Sean F. Byrnes and dated 5/18/2004.

On April 27, 2009, my attorney provided the court with a Pre-Trial Information Exchange, and the letter clearly shows that a copy was provided to Sean F. Byrnes, Esq.

Frankly, I had not paid much attention to this documentation, as I believe the entire lawsuit to be completely frivolous, and perhaps maliciously filed. I must point out that I have no objection to Mr. Byrnes representing his client.

However, I must now file a very strong protest as to a major conflict of interest by Mr. Byrnes as an elected public official and the apparent violation and complete disregard for the Law.

At a Township Committee meeting held on January 6, 2008 (while I was in St. Michael’s Hospital in a coma) Township Committeeman Sean F. Byrnes entered into a discussion on my appointment to the Township of Middletown Sewer Authority and actually voted on my appointment. While it would make no difference as to how he voted, the minutes reflect that he voted against my appointment. (*1)

The Law is clear in this matter.

40A:9-22.5 Provisions requiring compliance by local government officers, employees

Local government officers or employees under the jurisdiction of the Local
Finance Board shall comply with the following provisions:

d. No local government officer or employee shall act in his official
capacity in any matter where he, a member of his immediate family, or a
business organization in which he has an interest, has a direct or indirect
financial or personal involvement that might reasonably be expected to impair
his objectivity or independence of judgment; (*2.)

My Byrnes is a local government officer and had a clear conflict of interest to vote on my appointment. Had he made disclosure of this personal conflict of interest, I am quite sure he would have been advised by the Township Attorney to recuse himself from discussing and voting on my appointment. As an attorney, Mr. Byrnes is well aware, or should have been well aware, of the law relating to this.

While not exactly germane to my protest, it should be pointed out that Mr. Byrnes’ client is the same individual who testified under oath that she had provided a local school board member, Patricia Walsh, with tens of thousands of dollars in an alleged “loan”. Further testimony revealed that this “loan” was not in writing, had no repayment schedule and had no interest being charged. Mrs. Patricia Walsh testified, under oath, that the amount she received “exceeds $82,000, approximately $100,000 over the past four years." (*3)

It should also be mentioned that at the same time Mrs. Walsh was receiving some of this money, Mrs. Walsh was an elected school board member and Mr. Byrnes’ client was also suing that local school board. Mrs. Walsh failed to disclose her financial involvement with Mr. Byrnes’ client to other school board members and failed to file accurate financial disclosure statements reflecting her financial involvement with Mr. Byrnes’ client.

Please note I am not at liberty to discuss any aspect of the ongoing lawsuit, with the exception of confirming it exists, and has existed since 2004.

I am enclosing copies of your township minutes of 1/6/2008 (downloaded from the township website) and relevant court documents proving that Mr. Sean F. Byrnes, Esq. was the designated trial attorney in the lawsuit against me since May of 2004.

Every public official has a duty and responsibility to obey the law and to conduct public business in an honorable, honest and ethical manner. It seems that Mr. Byrnes has simply failed in this matter and I respectfully request the township committee members review this situation and take appropriate action to restore public confidence. I believe Mr. Byrnes’ resignation from the township committee would be appropriate.

Respectfully,

Thomas F. Stokes
cc: Mayor and Township Attorney
Encls.

*1. http://mtcforms.middletownnj.org/minutes/pdf/Minutes_11-19-07_to_03-17-0... (minutes of 1/6/2008)

*2. http://www.state.nj.us/dca/lgethics.htm#40A:9-22.5

*3. http://moremonmouthmusings.blogspot.com/search?q=walsh

10/20/09 11:30 pm