For Immediate Release:
The upcoming debate between New Jersey Lt. Gov. Kim Guadagno and challenger Milly Silva could be one of the most boring political occasions of this election year.
Or it could be one of the most revealing events yet. It all depends on what questions are asked Friday evening at Kean University in Union.
For three years, the GOP lieutenant governor has dodged inquiries about her involvement in a pension scandal, first reported by New Jersey Watchdog.
False statements by Guadagno as Monmouth County sheriff enabled a top aide to improperly collect $85,000 a year in retirement pay in addition to an $87,500 salary.
The controversy is the focus of a hush-hush state criminal investigation that began in 2011. Guadagno, Gov. Chris Christie and the attorney general have all declined comment through their spokespeople.
Despite an abundance of public appearances and photo opportunities, Guadagno has never held a press conference, as noted by the Philadelphia Inquirer's Matt Katz. The debate could put her on the spot for the first time.
Democrat Silva may be reluctant to tackle Guadagno on pension issues.
A newcomer to the political stage, Silva is executive vice president of 1199SEIU – a labor union that represents nearly 400,000 workers in government and the private sector.
The other person who could bring up the pension issue during the debate is the moderator, Luke Margolis of News 12 New Jersey.
As a public service, New Jersey Watchdog offers a step-by-step primer on the Guadagno pension affair, along with documentation. Click on the links to see the supporting records:
1) In 2008, then-Sheriff Guadagno hired Michael W. Donovan Jr. as “chief of law enforcement division” at a salary of $87,500 a year. She announced the appointment in a memo to her staff. The sheriff's official website identified Donovan as "sheriff's officer chief," supervising 115 subordinate officers and 30 civilian employees.
2) Donovan was already collecting an $85,000 a year state pension as a retired investigator for the county prosecutor. While double-dipping is often legal in New Jersey, this case was different.
3) Since the position of sheriff's officer chief is covered by the pension system, Donovan should have been required to stop receiving benefits, re-enroll in the retirement plan and resume contributions to the pension fund.
4) Instead, county payroll records, the oath of office and a news release by Guadagno identified Donovan as the sheriff's "chief warrant officer" – a similar sounding, but low-ranking position that's not in the pension system. A chief warrant officer is responsible for serving warrants and other legal documents.
5) Yet on Guadagno’s organizational chart, Donovan was listed as chief of law enforcement. The position of chief warrant officer was not on the chart.
6) While sheriff's chief, Donovan pocketed $227,000 in checks from PFRS. Since he did not re-enroll in the pension plan, he avoided another $18,000 in contributions. If the state decides Donovan violated pension law, he could be forced to repay $245,000.
7) Guadagno is also at risk. Under state statute, "Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system...shall be guilty of a misdemeanor."
8) The attorney general's Division of Criminal Justice began an investigation in May 2011 at the behest of a pension board, according to a sworn statement by a state official.
9) Rather than use his constitutional authority to appoint an independent investigator, Christie allowed DCJ to run the case – an apparent conflict-of-interest. Guadagno is a former DCJ deputy director and now Christie's second-in-command. She sits in the governor's cabinet alongside the attorney general, who is in charge of DCJ.
10) Unless there are criminal charges – an extreme unlikelihood given the political circumstances – DCJ will not comment or release records of the investigation, according to a sworn statement by Deputy Attorney General Anthony A. Picione.
11) If Guadagno and Christie get their way, the case will be swept under the rug.
Any questions?
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The story is now online at http://newjersey.watchdog.org. For media inquiries, contact Mark Lagerkvist at Mark@Lagerkvist.net.
1 comment:
Mike,
Your timing on posting this could not have been better. A similar corruption story involving a former Hunterdon County Republican Sheriff Trout and her staff, which included an under-sheriff who did his own background check (illegal).
Christie's attorney general Paula Dow "who served as his counsel at the United States attorney's office, supervised the quashing of the indictment and the ouster of the respected prosecutors." The grand jury indicment included 43 counts, which the state under the guidance of Dow dropped. Christie has since appointed Paula Dow to a Superior Court judge position.
The killing of the 43 count indictment occurred during Christie's first few months in office. And the Times notes that "the new governor was elected on the strength of his record as a United States attorney prosecuting corrupt officials." Also, soon after a judge dismissed the indictments "officials took the unusual step of shipping all the evidence to the capital, Trenton."
So, far the Christie administration has managed to quash the story. Let's hope that former Hunterdon County prosecutor, Bennett Barlyn, can resurrect the indictments and get the whole story out before the election. Do you think Art will post the story?
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