Joe Ferriero

Freeholder David Ganz is among Bergen County’s elected officials who have called on indicted Democratic Chairman Joe Ferriero to resign by January 15. But he does not feel that the legal opinion issued last night by the party’s counsel, Paul Kaufman, provides a legitimate way to force Ferriero out.

“I’m only practicing law for 30 years, but I think it’s a weak opinion. What he basically says is there’s nothing that authorizes it, but here’s how you do it, and then drops a footnote regarding the Attorney General who reaches the opposite conclusion,” said Ganz. “What he’s doing, in my view, is trying to take a conclusion that a lot of people want – maybe nearly everyone wants – and writing a legal opinion to justify it.”

The gist of Kaufman’s conclusion is that although no clauses in the bylaws of the Bergen County Democratic Organization (BCDO) address the removal of a sitting chairman, the committee could still legally call a vote on his removal.

Ganz felt that the opinion appeared to have been written with a conclusion already in mind.

Joseph Ferriero, indicted on federal corruption charges, is on a leave of absence as the Bergen County Democratic Chairman.

In a memorandum to members of the Bergen County Democratic Organization’s Executive Committee, the party’s general counsel legally opined that a special meeting can be called for committee members to vote on whether to remove indicted Chairman Joe Ferriero.

This issue has been the subject of much debate within the party, as its own by-laws do not provide for removing a sitting chairman before his term is up, even if he has been indicted. Last week, the executive committee voted for a resolution calling on Ferriero to resign by January 15 if he was not exonerated on all eight corruption counts before then, although members were not sure how to enforce the deadline.

Kaufman’s opinion aims to provide for that enforcement.

“The BCDO By-Laws do not restrict the members from replacing its chairman at any time and do not require that cause be demonstrated,” wrote Kaufman, who in September became general counsel to replace Dennis Oury, who was indicted along with Ferriero.

Defense attorney Joseph Hayden says he won't seek appointment as the U.S. Attorney from New Jersey

Joe Hayden, a prominent defense lawyer whose name has surfaced in legal and political circles as a potential pick for U.S. Attorney, took his own name out of the mix today.

“It is an honor that people within the legal community suggested that my name be considered as a candidate for the next United States Attorney,” said Hayden in response to an inquiry from PolitickerNJ.com.  “I have reflected upon it, but I am convinced that I have longstanding commitments to clients -- a half dozen clients -- that would not make this possibility feasible.”

Hayden represents Bergen County Democratic Chairman Joe Ferriero, who was indicted in September on eight corruption counts.  He also represents former Nets star Jayson Williams, who faces a retrial for manslaughter over the shooting of his limo driver in 2002. 

Bergen County Democratic Chairman Joseph Ferriero has been on a leave of absence since September.

HACKENSACK – After a meeting that stretched over three hours, the Bergen County Democratic Organization’s executive committee called on indicted Chairman Joe Ferriero to resign by January 15th unless he is exonerated on all eight of the corruption charges he faces before then.

That was not what U.S. Rep. Steve Rothman was hoping for. He made a motion calling on Ferriero to resign immediately which was overwhelmingly rejected, with only three of the 40 members present voting in favor. Instead, a committee member Rothman did not want to identify motioned that Ferriero should resign by January 15th. That motion passed with 25 members voting yes, nine voting no and six abstaining.

“I did vote against it, because I thought that he should resign immediately,” said Rothman.

Joseph Aryan, a former State Senate candidate, says he's not interested in running for Bergen County Democratic Chairman.

*CORRECTION

PolitickerNJ misread Ariyan's statement, and misreported that Ariyan was not interested in the position. Ariyan did not take his name out of the running, but merey refused to speculate about a run until there is a vacancy.

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Attorney Joe Ariyan has taken his name out of the running for Bergen County Democratic Chairman.

Ariyan, who unsuccessfully challenged state Sen. Gerald Cardinale (R-Demarest) last year as the Bergen County Democratic Organization’s candidate, was mentioned in Charlie Stile’s column this weekend as a possible successor to indicted chairman Joe Ferriero.

“In recent weeks, I have been contacted by several elected officials from Bergen County as well as members of the County Committee encouraging me to pursue the Chairmanship of the Bergen County Democratic Organization,” said Ariyan in a statement. “To each, my response has been the same - which is that there is simply no vacancy for the position. Until and unless a convention is held or Chairman Ferriero resigns his post, any speculation is premature and merely political fodder."

With two prominent Democratic leaders indicted, a subpoena dropped on the clerk of the Democratic controlled freeholder board shortly before the election, and running against three incumbents who all had been voted out of municipal offices in their hometowns over the last couple years, Bergen County Republicans still could not pick up a single freeholder seat.

“Those guys did an outstanding job, to be honest. We were in this thing right until the end. So from that perspective, I thought it was a huge improvement – especially over four years ago,” said Republican consultant Thom Ammirato, who ran the campaign.

It’s not as if the Republicans had everything working for them. Ammirato argued that, despite the corruption issue, Democrats had a myriad of advantages, most of all having Barack Obama at the top of the ticket, not to mention the power of incumbency. Presidential years in Bergen County are generally the strongest ones for Democrats. It’s the off years that Republicans tend to come closer.

The Bergen County Republicans promised to raise the specter of indicted Democratic Chairman Joe Ferriero a campaign issue, and they’ve done so, tying alleged corruption within the party to higher taxes in a new campaign commercial called “Corruption Tax.”

The advertisement, which was produced by the Bergen County Republican Organization, shows someone wearing an FBI jacket in front of a giant Bergen Record headline about Ferriero’s indictment on eight corruption counts last month.

In front of a pile of cash are pictures of Democratic incumbents Bernadette McPherson, David Ganz and Vernon Walton.

“Party boss Joe Ferriero gave them millions. They did what he told them. The Democrats raised spending $133 million,” says the narrator. “Waste. Abuse. Patronage. Now Ferriero is indicted for corruption. Higher taxes plus corrupt government equals corruption taxes. You pay.”

Bergen County is apparently immune from the "change" bug that has swept the rest of the nation.

Not even a federal investigation and eight-count indictment could convince Bergen County Democrats to dump their long-time corrupt leader Joe Ferriero. Note how three Democrats responded to calls from other elected officials for their chairman to step down:

"Steve Rothman ought to know better...he knows the constitutional presumption of innocence." -Freeholder David Ganz

"Everybody's presumed innocent..." -Surrogate Michael Dressler

"We all have the presumption of innocence..." -Sheriff Leo McGuire

If this were college, they'd be expelled for plagiarism, but in Ferriero's Bergen County that kind of lemming-like ability to follow orders is demanded and rewarded. It's embarrassing to see these supposedly grown men get played like fiddles by the state's new poster boy for corruption, but they've been doing it for so long they don't know anything else.

The Joe Ferriero indictment has spilled over into the 5th District Congressional race.

Bergen County Republican Chairman Bob Yudin today asked Democrat Dennis Shulman, who’s challenging U.S. Rep. E. Scott Garrett in the Bergen-dominated district, to call on Ferriero – who was indicted last week on eight corruption counts along with former BCDO general counsel Dennis Oury – to permanently resign from his chairmanship.

“If Mr. Shulman is to seriously demonstrate his commitment to the people of the Fifth District and to clean government, why then has he not called for the resignation of a corrupt party boss?” said Yudin. “At a time when Democratic leaders such as Gov. Jon Corzine and Democratic State Chairman Joseph Cryan have already asked for Ferriero to step aside, I question why Mr. Shulman has not followed suit?”

Bergen County Democratic Vice Chair Kay Nest, who’s filling in while indicted Chairman Joe Ferriero takes a leave of absence, said tonight that the party will not make any decision on its permanent leadership until after the November 4th election. 

That decision was the product of a  discordant meeting of the Bergen County Executive Committee members that took place this morning. 

“The Executive Committee of the Bergen County Democratic Organization met today regarding the future of the party.  Though there were clearly differing opinions on a variety of topics, all in attendance agreed to move forward as one united party.  A unanimous vote was taken, and all in attendance agreed to postpone any discussion regarding the change in leadership and focus on electing Democrats in the upcoming November election.  I am humbled by the confidence the Executive Committee has shown in me, and I will not let them down,” said Nest in a prepared statement. “I have no doubt, that a united Democratic Party will be successful in November, from the bottom to the top of the ticket.”