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Fair Lawn Settles Lawsuit With Former Police Sergeant for $550K

Council approved authorization of an out-of-court settlement of the lawsuit brought against the borough by former police Sgt. Michael Messina

 

On the advice of its legal representation, borough council voted Friday to avoid both the risk and the expense of further litigation and pay out $550,000 to a former Fair Lawn police sergeant who sued the borough and its police chief in 2008 under the state’s Conscientious Employee Protection Act, also known as the New Jersey Whistleblower Act.

“I don’t want the people to think that we’re settling because we’re caving,” Deputy Mayor Ed Trawinski said. “We’re settling because I believe in a large part there are sound economic reasons and sound legal reasons for settling.”

The borough and its municipal excess liability (MEL) insurance will share equally in the settlement payment to former Sgt. Michael Messina ($275,000 from the borough; $275,000 from the MEL), a 23-year force veteran who retired late last year. Due to the borough's current financial constraints, the MEL will pay the total cost of the settlement this year and the borough will repay the MEL over the next couple years.

“In these tough budgetary times…this is not a vote that you like to take, to spend the taxpayers money, because they didn’t get one service or anything out of this,” Deputy Mayor John Cosgrove said. “But we’re going to provide the leadership and do what’s right for the people of Fair Lawn.”

In April 2010, a seven-person jury awarded Messina $815,000 in damages, upholding the sergeant’s allegation that he had become the target of malicious retaliation by Chief Erik Rose after seeking a job reclassification with the state’s Department of Personnel in 2007.

Last July, an appeals court partially reversed the decision. It upheld the borough’s liability, but ordered that a new trial be held in which the jury must more clearly specify the retaliatory actions taken against Messina and what damages those actions caused. Only the amount of damages paid out to Messina would have been at stake in a re-trial.

Rather than leave the decision of damages up to a jury for a second time, Thomas Hanrahan, the borough's attorney through the MEL, recommended council consider settling out of court.

In a closed session meeting on Feb. 21, council specified to Hanrahan what it considered to be a fair range for settlement with Messina and unanimously authorized Hanrahan to negotiate a settlement within that range. With council’s consent, Hanrahan negotiated a settlement with Messina’s lawyer for $550,000.

On Friday, however, in a flip-flop that irked the Republican members of council, Democrats Lisa Swain and Kurt Peluso – who both previously supported the settlement -- voted to not authorize it, against the advice of both Hanrahan and borough attorney Ron Mondello.

“I’m not voting for this because I don’t feel it’s in the best interest of Fair Lawn,” said Swain, who explained she now preferred to try the case in court.

Afterward, Swain declined to answer why she believed taking the case to court was preferable.

“I just don’t want to say right now, but I think there were a number of things from the beginning that led to my decision today,” she said.

Swain’s failure to provide an explanation for her about-face prompted a visibly annoyed Mayor Jeanne Baratta to comment, “She’ll get back to you when she’s done speaking with her handlers.”

Swain had previously asked for the settlement agreement to be tabled at the past two council meetings due to complaints with the resolution's wording and a rethinking of legal strategy.

Had Swain and Peluso’s opposition to the resolution carried, the borough would have reneged on its earlier settlement agreement and thus been exposed to possible sanctions from the judge and forced into a less desirable payment agreement with its liability insurance provider.

Fair Lawn Republican Club president Daniel Dunay praised council's decision to honor its previous agreement and settle the lawsuit. 

"I personally believe that the negative morale in our police department is a threat to our public safety," he wrote in an email to Patch. "I am encouraged that the council is taking proactive steps to put these issues behind us."

The entire council found consensus in its desire to reconsider bringing a malpractice claim against Christopher Botta, the borough’s original attorney in the Messina case.

Council previously explored a case for malpractice against Botta, who had stipulated in court that Messina was a whistleblower without advising council that he had done so, but did not pursue it on the advice of former borough attorney Bruce Rosenberg.

“I’m going to put back on a session that we reconsider spending those dollars to have another attorney explore whether or not we have a viable claim against Mr. Botta for stipulating to something that, certainly we as a council, were never advised about,” Trawinski said.

Borough attorney Mondello said he had found a legal malpractice expert who would be willing to freely provide general advice to the council on the matter.

The $550,000 settlement paid to Messina does not include a second lawsuit Messina filed last year against the borough, Rose, Capt. Joseph Cook and the borough’s self-insured worker’s compensation administrator alleging retaliatory actions taken against him for making a worker’s compensation claim following an injury in the line of duty and failure to accommodate his disability.

In Sept. 2010, Messina was struck by a car coming out of the Walgreens on River Road while attempting to prevent two women suspected of drug prescription fraud from fleeing the scene.

Related Topics: chief erik rose fair lawn, fair lawn council, fair lawn police, fair lawn police lawsuit, messina lawsuit fair lawn, messina settlement fair lawn, municipal excess liability, and police lawsuit

Michael Agosta

9:28 pm on Monday, April 2, 2012

Swain’s failure to provide an explanation for her about-face prompted a visibly annoyed Mayor Jeanne Baratta to comment, “She’ll get back to you when she’s done speaking with her handlers.”

Did Alan Marcus tell Jeanne "Pelosi" Baratta to say that?

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The Most Interesting Man in the World

10:54 pm on Monday, April 2, 2012

Barratta is direct in her comment, unfiltered and probably right. Pelosi belongs to that other party. When your vote doesn't effect the outcome, we all know it is just politics not to agree in public on what you gave your nod on in the private work session.

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Joel Weisblatt

4:28 pm on Tuesday, April 3, 2012

Mr. Agosta, in the real world, what happens to someone who is found guilty in court who holds authority of another or a sub-ordinate??(s) who is labeled as "malicious retaliation"?

delgado

10:07 pm on Monday, April 2, 2012

Dual Government Offical Mayor and County Deputy Chief of Staff Baratta has scammed the taxpayers. The conflict of a Bergen County offcial and Mayor is disgusting. Lawyer Botta is also Bergen Republican MAYOR of Ramsey. Baratta and dual government offical/double dipper Donovans Adminstrator and Deputy Mayor Trewinksi have put the Bergen Republicans and their GOP friends above the taxpayers of Fair Lawn and "honest" Cosgrove, voted with them.. Kudos to Swain and Peluso for looking out for taxpayers!!! Disgusting corrupt Bergen Republicans,,,, have to go... this is sicking.

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Daniel Dunay

10:22 pm on Monday, April 2, 2012

Delgado, Ms. Baratta is not a double dipper. She accepts no compensation or benefits from Fair Lawn. But I'm confused by your comment. Am I to take from your suggestion that you would have preferred the borough go to court and (a) incur additional legal fees; (b) risk a significantly larger judgment against the taxpayers; and (c) allow a controversy to drag on to the incremental detriment of the morale of our police department, with potential negative implications for public safety in town? And all against the better advice of an independent attorney representing the municipal excess liability insurance fund, whose incentives are aligned with Fair Lawn taxpayers? Please clarify that that is, indeed, the course of action that you are recommending.

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Tommy P

10:33 pm on Monday, April 2, 2012

Mr Dunay, she serves multiple roles and has already found herself in a conflicted position with the police dispatchers. Not being paid and not be conflicted are two different things.

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The Most Interesting Man in the World

11:03 pm on Monday, April 2, 2012

This comment sounds less than objective. What do you think should have happened? Do you think a private yes and a public no makes good government?

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delgado

6:28 pm on Tuesday, April 3, 2012

Danny, Baratta no matter how many times its twisted. Baratta IS a double dipper AND even the Governor says it is wrong and is clearly a conflict. Ms. Baratta may not accept the money, but enjoys the pension benefits for her pension and thus does beneft and is a double dipper. Also the clarafaction is that the attorney is is also the Republican Mayor of Ramsey, ergo Donovans Deputy will do whats right for her boss politically and that is to help the Republican Ramsey Mayor and NOT Fair Lawn Taxpayers.

Brent Pohlman

10:27 pm on Monday, April 2, 2012

That is some spin Delgado the BCDO got you on here quick. Where to begin, I am puzzled as to why you are praising former mayor Swain. She has refused to say why should wouldnt vote for the settlement. A settlement she already voted for, it's reminiscent of senator Kerry. I guess she was against the settlement after she was for it. But let's be honest she voted against this for one of two reasons either she changed her mind without explanation so she can say she voted against a settlement that cost money or because voting for it is an acknowledgment that there was a complete failure of leadership during her tenure as mayor. A fact a jury of 7 people and the voters of Fair Lawn confirmed. I for one think swain owes the people of fair lawn an explanation as to why would cast a vote that could expose the town to further damages, attorneys fees and sanctions.

Now as to attorney Botta, he represented the town during the prior administration so I fail to see how that relates to the current leadership.

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Tommy P

10:27 pm on Monday, April 2, 2012

Delgado do you really think you could find 1000 people in this town that agree with you.

Now that the town has accepted the jury's verdict, why is Rose still on the payroll? He should either resign or be removed from office.

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Bruce Knuckle

6:46 am on Tuesday, April 3, 2012

How is Swain looking out for the taxpayers by once again showing her ability to just be difficult and without explanation? It didn't take her too long to silence Peluso . As for Cosgrove's comment “In these tough budgetary times…this is not a vote that you like to take, to spend the taxpayers money, because they didn’t get one service or anything out of this",that vote was taken a couple of years ago, you just got stuck with having to do something about it. The issue here lies with the leadership of the PD, and appointed but not qualified attorneys.

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Go Figure

8:06 am on Tuesday, April 3, 2012

Enough with the politics and vote for the right thing for the taxpayers. The current council has been left with a massive mess to clean up. Take a stand! My big question is: do they expect to lose the other lawsuits that have been filed and if so, how much is that going to cost us? Why did the previous council allow this kind of management to fester so long and why is it continuing?

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Joel Weisblatt

8:41 am on Tuesday, April 3, 2012

Look at all the posts and the varied theories and innuendo posted here. This is exactly wat the politico's breed and live for, taking everyone's eyes off the real prize. Bottom line, a jury awarded the Sergeant a large sum and to this day those who created this mess were not held accountable!

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BellairBerdan

9:30 am on Tuesday, April 3, 2012

Baratta's comment in front of everyone was uncalled for, unprofessional, and unbecoming a leader.

Considering there is still more litigation with this person it is prudent of Swain not to discuss her reasons in public.

That being said, knowing only what has been reported about the case I think the jury award should stand. They made their judgement based on the evidence that was given to them.

Unfortunately, if in fact the problem does lie at the upper management of the police force, this administration seems to be no more inclined to end it than the last was accused of doing.

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Mei Won Sum

1:28 pm on Tuesday, April 3, 2012

That's the difference between Democrats and Republicans. Republicans tell you how it is, while Democrats blow smoke up your ass and smile.

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Zak Koeske

9:40 am on Tuesday, April 3, 2012

@BellairBerdan Baratta's comment was made to me after the meeting, not in front of everyone.

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BellairBerdan

10:08 am on Tuesday, April 3, 2012

i stand corrected. However, saying it to a reporter knowing it will end up in print is no better. She let you put it in front of everyone.

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Mei Won Sum

1:34 pm on Tuesday, April 3, 2012

As usual Bellair. You never seem to have any facts, let alone get them straight.

rupert bubkin

9:45 am on Tuesday, April 3, 2012

This is what happens when lawyers and politicians looking out for themselves take over your town. I solved the problem by moving, Worked for me.

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Michael Roney

10:00 am on Tuesday, April 3, 2012

Can somebody explain to me why Erik Rose is still Chief and is indemnified? The tail really wags the dog in this town.

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Joe Nasso

11:35 am on Tuesday, April 3, 2012

There are a lot of people that wonder the same thing. But I am sure there are reasons that prevent just pushing him out. But I would have to believe there putting a strong case together when there are a lot of more talented leaders within our force.

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Mei Won Sum

1:30 pm on Tuesday, April 3, 2012

Joe,

There are a few that can take the reigns right now.

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Joel Weisblatt

4:27 pm on Tuesday, April 3, 2012

Maybe everyone missed this section of the news report "In April 2010, a seven-person jury awarded Messina $815,000 in damages, upholding the sergeant’s allegation that he had become the target of malicious retaliation by Chief Erik Rose after seeking a job reclassification with the state’s Department of Personnel in 2007".
"malicious retaliation" broken down, definition, "full of, characterized by, or showing malice; malevolent; spiteful: malicious gossip. vicious, wanton, or mischievous in motivation or purpose." " the act of retaliating; return of like for like; reprisal".
Hmm, something really stinks in Fair Lawn!

Good ?

10:34 am on Tuesday, April 3, 2012

Thank you Michael Roney. Can someone please answer this question, how is this guy still Chief ? our officers have no confidence in him, rose and cooke are going to cost the town over a million $ in lawsuits- why on earth is he still employed?

dunay- no one cares that she does not accept compensation or benefits, why would she when the tax payers are already paying her massive county salary and benefits?

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Tommy P

12:26 pm on Tuesday, April 3, 2012

Don't be angry at Joe, he is head cheerleader for the Republican Party.

Sally J

11:09 am on Tuesday, April 3, 2012

There are so many issues with this article and these comments...
1. It is so obvious that this article is slanted in favor of the Republicans (as are most of the articles on this site). It almost seems like they had a hand in writing the article.
2. I hate the word flip-flop. Is it really so wrong for someone to do further research into an issue and then change their mind if it is going to be a better decision for the people they represent. Personally, I would rather elected officals who change their mind about things than have people who are so close minded and stuck in their ways that they never consider the other side.
3. I am sure Councilwoman Swain did not provide more information because it is not information that can released to the public. Nothing is final until all the paperwork is done (I would think). So perhaps she is legally prohibited from sharing those facts.
4. As to Mr. Dunay's comment...I think that that is a horrible thing to say that our police force is not fully doing their job and protecting the people of Fair Lawn.

Personally, I think this is a horrible precedent we are setting. It makes the borough look weak and makes it seem like they will just settle on any case because it is easier than going to court. It also seems from the article that 2 courts had 2 different opinions which in my mind means that we had a solid chance of winning and paying out much less than $550K.

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Bruce Knuckle

11:19 am on Tuesday, April 3, 2012

Sally J, what part of "we" was going in for the big win. Let Swain answer for herself, dont make up stories. Make no bones about it, 2 courts agreed that the Sarge proved his case. The difference was the award. Remember, it could have cost alot more too. With that said, I defer back to Mr Roneys post. Remember what is directly below the dogs tail.

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Daniel Dunay

12:29 pm on Tuesday, April 3, 2012

With respect, Ms. Sally J, I believe the interests of our police officers and our residents are aligned on this matter--that we need to put this controversy behind us. And I stand with all of them--residents and officers--intent on finding a way to move past. Now, I don't know with whom you stand, but based on your comments above, I can take a guess.

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BellairBerdan

1:05 pm on Tuesday, April 3, 2012

Don't get snarky Danny. The reason to end it and move on could just as easily be that they wanted to save Botta, the Republican mayor of Ramsey any legal woes and embarrassment in a malpractice case. The only controversy behind us is that one case. Messina has another case coming up. BTW, we also know with whom you stand even though you try not to say it.

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Tommy P

1:08 pm on Tuesday, April 3, 2012

Sally,

1. Zak is an admitted liberal, be definition he slants Democrat. Zak is feed information by the town, I suspect he doesn't want to bite the hand that feeds him.

2. Flip Flop generally applies to changing principles, not positions. Without sharing the details on the changes, its natural for people to assume its not just the position.

3. Completely untrue. She can not share strategy, but the facts are public record.

4. A jury found Rose guilty, this settlement protects, why? What does he know?

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Daniel Dunay

1:23 pm on Tuesday, April 3, 2012

Bellair, I must admit that I've missed these exchanges. Glad to have you back in my life.

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BellairBerdan

1:42 pm on Tuesday, April 3, 2012

I miss you too Dan. I actually smiled when I saw your name pop up again. We can always count on a double dipper comment to flush you out. Hope you've been well.

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Daniel Dunay

1:44 pm on Tuesday, April 3, 2012

:-). Hope you've been well also! I'm sure we'll be seeing more of each other with budget season coming up.

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Joel Weisblatt

7:46 pm on Tuesday, April 3, 2012

Mr Knuckle, my boss recently fired a co-worker for a $500.00 error, this is a 550k intentional act!

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Bruce Knuckle

9:51 pm on Tuesday, April 3, 2012

Joel, I'm on the same page and its no the only act allegedly

Joe Nasso

11:48 am on Tuesday, April 3, 2012

As far as the Mayor and Counsel I think it was a no brainer to stop the bleeding how many law suits get dragged on because who wins 100% of the time. It's always the lawyers.
So for Swain to vote No with her profession as we all know, it makes no scene what so ever.
The party in question was out to win hell we all are when were on the other side of the bench.
With the Insurance company willing to settle and absorb half the liability it was a win for Fair Lawn.
Thank you to all that voted YES to stop the blood bath. This could of went on for a long time at the tax payers expense, with a chance of liability being pushed entirely on Fair Lawn and been totally liable and not have the insurance co. pick up 1/2 of the liability.

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Tommy P

1:11 pm on Tuesday, April 3, 2012

Except that the County Administrator, and Chief of Staff of the County Executive voted to ensure another mayor from the same political party was paid a legal fee in the process. This case is why Peluso has a point about double dipping.

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Mei Won Sum

3:39 pm on Tuesday, April 3, 2012

Officer responds to call. Officer persues suspects. Suspects run officer over. Officer discharges weapon. Officer hurt. Officer out on disability. Cheif and Captain say "No way, get back to work". I'd say we got off easy on the first one. This second one, I'd say we are Cooked and not looking Rosey.

Janice

1:09 pm on Tuesday, April 3, 2012

Rose should definitely go, but it's probably almost impossible to fire him due to union contracts. So what now?

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Stuart Pace

1:19 pm on Tuesday, April 3, 2012

and who pray tell is willing to become the chief in a town that is so politically dysfunctional? Who would want the job? I am willing to bet the next Chief of police will be facing the same crap all the chiefs have in the past, no matter who it is. It is probably the most unrewarding job in town. Thank god we have had a long line of cops that are willing to take the s%*t handed to them every day by faceless, nameless civilians.

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Mei Won Sum

1:37 pm on Tuesday, April 3, 2012

I wish one of the 5, any of them, would come on this forum and tell people to go **** off!! 1, it would make for good reading, and 2, it would show that at least one of them have a set of brassies.

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Joel Weisblatt

3:38 pm on Tuesday, April 3, 2012

Good point Stuart, I read all the time in this and other media outlets the fine work the police do in Fair Lawn, day in-day out, if one does not believe so, take a look at the Fair Lawn municipal court on Wednesday evenings or Friday afternoons, filled with cases! This being said, someone in the mix at Fair Lawn pd is fully capable of leading the department, someone who looks at this job as being rewarding, as there are many good officer's there, its the council thru the manager who should step it up now!

SUMtingWONG

2:05 pm on Tuesday, April 3, 2012

God bless Messina. He is a Hero and one of the best cops I ever met. It is a shame what they did to that man and the previous council shares in the blame. They failed to take appropriate action when the jury found the Chief of Police guilty, so now we have lawsuit # 2 from Messina. Great job guys, when are you going to wake up and fix the problem instead of hiding behind the politics.

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550k

2:17 pm on Tuesday, April 3, 2012

550k wasnt enough for being treated unfairly and being told to wear a gun belt? cooke and rose are the cause of the problem but the amount of money messina is getting is a bit excessive.
fair lawn gave him a great salary, he ll recieve his nice pension, awarded 550 k for this lawsuit, and still has a future lawsuit coming.... messinas going to be living like a king off the fair lawn taxpayers money. all while cooke and rose get off with a slap on the wrist

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Mei Won Sum

2:23 pm on Tuesday, April 3, 2012

You mean all is not Rosey in the FLPD?

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Marty Cone

3:33 pm on Tuesday, April 3, 2012

Don't forget, this is the second settlement the town made with an officer. Hmmm, who was in charge then? Any guesses

Janice

12:33 pm on Friday, April 20, 2012

Messina will be an even bigger hero if he spreads his new found wealth.

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Janice

12:33 pm on Friday, April 20, 2012

This whole thing exposes the man behind the curtain Richard Lustgarten. He was the former Borough attorney and is the Democratic power broker in Fair Lawn. Lisa Swain can’t make a move without consulting with King Richard who’s behind the scenes moves have gotten us in this mess from the beginning. He was part of the brain trust that appointed Chief Rose and at the time Joanne Kwasniewski as Borough Manager. He also raked in lots of money for himself while yielding his power. Don’t let the Democrats fool you they own this mess and the Republicans are left to fix it.

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Janice

12:33 pm on Friday, April 20, 2012

The man behind the curtain, Richard Lustgarten, needs to be exposed in this case. He was the former Borough attorney and is the Democratic power broker in Fair Lawn. Lisa Swain can’t make a move without consulting with King Richard who’s behind the scenes moves have gotten us in this mess from the beginning. He was part of the brain trust that appointed Chief Rose and at the time Joanne Kwasniewski as Borough Manager. He also raked in lots of money for himself while yielding his power. Don’t let the Democrats fool you - they own this mess and the Republicans are left to fix it.

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Joel Weisblatt

3:46 pm on Tuesday, April 3, 2012

The bottom line is that a leader leads with his head up high, looking into the eyes of his men with strength and confidence. Wars were won in the past with great leaders, even when the troops had no equiptment, no food, no shelter! There are many formal and informal leaders in this organization, the silent ones too, who work under the worst conditions, day in-day out.

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delgado

7:44 pm on Tuesday, April 3, 2012

What really should happen is County investigation into Ramsey Republican Mayor Botta and the County Adminstrator (who is also a lawyer)/Deputy Mayor of Fair Lawn and his SUBORDINATE, the Fair Lawn Mayor/Deputy Chief of Staff into any conflict of interest. Its clear while the are all from the same policitcal party, that there may have been a case of pay-to-plantiff, where the elected officals (Fair Lawns Mayor) did what is right for the Ramsey Mayor Lawyer and in return got political support (ie, Hermansan endorsement)... ,,,,, and yes they are double dippers (Barrata gets $$ when she retires)

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Daniel Dunay

7:48 pm on Tuesday, April 3, 2012

Mr. Delgado, with respect, wasn't Mr. Botta chosen as the attorney by the prior DEMOCRATIC administration? I'm just confused.

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BellairBerdan

8:35 pm on Tuesday, April 3, 2012

I'm curious. How exactly did the votes fall in the hire of both Botta and Rose? What were the votes of all the council by name?

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delgado

10:05 pm on Wednesday, April 4, 2012

Danny-Boy, you are correct and kudos to the Dems for being bi-partsian and picking them - thus there was no conflict...... sadly the Democrats lost and now the double dipping Fair Lawn Republicans (and corrupt) are clearly in a conflict as they trade political favors with the Ramsey Republican club and their support for their desperate Freeholder candidate Bernie Madoff Hermansan...... so its realistic to have Barratta/Donovan/Trewsinksi/Trewinski sister(whos also on County payroll) to make a deal with the Ramsey Mayor to support the freeholder and they will maybe help out on the Fair Lawn Money train for legal bills.

L

9:22 pm on Tuesday, April 3, 2012

We could have painted half of the water tower with this money...

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Janice

10:52 am on Wednesday, April 4, 2012

I’d just like to point out that the man behind the curtain is Richard Lustgarten, the former Borough attorney. The Democratic counsel doesn’t make a move without him. He was part of the brain trust that appointed Chief Rose and at the time Joanne Kwasniewski as Borough Manager. He also raked in lots of money for himself while yielding his power. Don’t let the Democrats fool you they own this mess and the Republicans are left to fix it.

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Stuart Pace

11:04 am on Wednesday, April 4, 2012

@Joel, who are you referring to as a leader in the PD?

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Stuart Pace

11:15 am on Wednesday, April 4, 2012

I asked Joel who he is referring to. Boy did you jump off a cliff with that post. I am interested in his opinion.

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Stuart Pace

11:18 am on Wednesday, April 4, 2012

oops? Where did Robert Johannson go? LOL

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Stuart Pace

12:25 pm on Wednesday, April 4, 2012

what's the number he/she left here Tom? Bergen Pines?

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Tommy P

2:08 pm on Wednesday, April 4, 2012

It was Bergen Regional Medical Center's Psychiatric Emergency Screening Program, although the coward deleted it.

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Stuart Pace

2:18 pm on Wednesday, April 4, 2012

lol. this conversation would be better if real people were posting.

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RJB

2:44 pm on Wednesday, April 4, 2012

BUT NOT NEARLY AS FUNNY

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Tommy P

4:09 pm on Wednesday, April 4, 2012

Am I not a "real person"?

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RJB

4:31 pm on Wednesday, April 4, 2012

TP- you are a real person hiding behind a computer. therefore i wouldnt take your post seriously because you dont believe in your ideals enough to put your real name behind them. plus the people who post on here are usually the people who dont actually go out and do stuff for the community, just sit back and complain.
i know i know i am posting behind a fake name. however i dont polute this site with my close mided opinions. i just visit time to time because i find characters like you and adolpho entertaining. its like reality t.v., a bunch of nonsense and people arguing in circles.
i do not agree with some of stuart pace's views but i respect him and give his ideas some consideration because he at least believes in them enough to put his name behind them.

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RJB

4:34 pm on Wednesday, April 4, 2012

i personally dont care what they do with the pool, library, etc... but if there was a topic i felt was worth fighting for - my posts and opinions would be followed with my real name and you would see me at the council meetings and around town standing up for what i believe in.

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Tommy P

6:53 pm on Wednesday, April 4, 2012

@RJB, the complaint that most people have is not so much being anonymous, but the newbie anonymous IDs that pop up. Bellair, Adolpho, Deleted, Bruce Knuckle, Delgado, Jenne and others consistently post under the same user id. What's most annoying is new IDs that popup to make a stupid comment or five that seem to disappear. I don't want to call you out, but how do we know your not one of those sort of IDs?

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RJB

7:57 pm on Wednesday, April 4, 2012

@TP
I don't want to call you out, but how do we know your not one of those sort of IDs? for all i know you can be thomas paine and adolpho posting from 2 consistent fake names. hell you could even be thomas paine and bellairberdan arguing with yourself and purposely writing bad arguements as bellair just to make liberals look bad...
only point i was trying to make is if you have a serious issue and want to be heard- posting under a fake name probably wont do much. if i was manager, mayor, or on council i would not read a comment or take it serious unless it was posted under the name of a fair lawn resident.
personally if i had an issue i would take care of it in person, not on a internet forum

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Tommy P

12:13 am on Thursday, April 5, 2012

You make an interesting point, I could be BellairBerdan too, just to make progressives look silly. I could be Adolpho too just to make it look like more people agree with myself, even though we don't always agree. Rest assured I'm not either of them. I only use 1 ID.

But one thing you can take to heart, I inspire people to stand before the council and challenge them. I have influenced others who have impacts in other ways. Truth is even if I used my full name and address, the temporary politicians wouldn't listen. They count votes, not comments.

Stuart Pace

4:31 pm on Wednesday, April 4, 2012

@TP- I have no idea. Never met a Tom Paine in FL.

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Tommy P

6:26 pm on Wednesday, April 4, 2012

LoL, What do you think I am, a computer simulation?

Bruce Knuckle

4:57 pm on Wednesday, April 4, 2012

RJB...so by your own posts, your thoughts and posts are ..well....not what you really believe.
Stu, get off the anonymous whining, didn't seem to be a problem when writing in the snow

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Stuart Pace

7:37 pm on Wednesday, April 4, 2012

@Tom- just remember Hal from 2001 A Space Odyssey ;)

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Frank Sina

8:47 pm on Wednesday, April 4, 2012

First off, the current Council continues to pay for the sins of its predecessors, and will be doing so for the foreseeable future.

A neglected library roof; a neglected water tower; a municipal pool left for months without repair and no flood insurance; an absentee Borough Manager; skate park equipment without a skate park; artificial "0%" tax increases which actually cost us significant chunks of the town's surplus; Richard Lustgarten's fees that left us with the bill; and, an issue most recently in discussion, costly lawsuits levied against Fair Lawn.

To the topic...if our officers are disgruntled it appears so from the Messina verdict and the no confidence vote that those feelings maybe justified.The PBA overwhelmingly had a no confidence vote of 92% for Chief Erik Rose and there are currently numerous costly lawsuits still being pursued with Fair Lawn as a defendant.

Councilwoman Swain does not feel there is a problem. She said so in a shopper article titled "Mayor says Police not dysfunctional". One of her running mates said that "there are only a few disgruntled employees". Lisa Swain nodded in agreement at the debate after this comment. This constant denial of and refusal to address these very real, very serious, very COSTLY problems is both absurd and stale. With all the time Concilwoman Swain had to come up with an answer to why she is voting No, why haven't we heard it yet? What happened? Why is she hiding her reasons from the people of Fair Lawn?

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delgado

9:58 pm on Wednesday, April 4, 2012

good to hear Bergen County Police Department are prepared to take over policing services in Fair Lawn. As our Bergen officials have said, they are prepared to take over and save the taxpayers money... this will also be great for the double dual government officials, the Deputy Mayor and his subordinate the Deputy Chief of Staff and Mayor

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Brent Pohlman

10:17 pm on Wednesday, April 4, 2012

Hi Delgado, do you have any documentary support for your BCDO talking point that fair lawn has considered having the BCPD take over policing in fair lawn?.........No, of course you don't because no official of either party has ever made such a suggestion. But heck poor grammar, misspellings, name calling and baseless allegations are par for the course with you.

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Stuart Pace

8:26 am on Thursday, April 5, 2012

Now I actually know Frank and Brent....welcome fellas.

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me2

9:31 am on Thursday, April 5, 2012

i think i know them too. didnt they help cosgrove campaign this year and then immediately got posistions on the zoning and planning boards? since you two are on the thread can you please tell us any degrees or experience you have regarding building codes or knowledge of construction or planning? i wont be excepting "the democrats before us did it so we can to" response.
just seems in fair lawn its not really about what you know but WHO you know... just take a look at the last names of our local teachers and police officers, somehow it became acceptable to pass a job on to a child relative or close friend like they were entitled to it.
how about we start giving our jobs and posistions in local government to the most qualified instead of friends and family, maybe than things would run a lot smoother.

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Chris Antonelli

1:02 pm on Thursday, April 5, 2012

me2,

Zoning and Planning Board appointments have set terms. If your term expires just as the majority changes, and you are not a member or affiliated of the majority, there's a good chance you will lose your seat. That's just politics. Think of it this way: Would Obama appoint a fiscally conservative person to lead his Economic Recovery Advisory Board? No. Why? Because Obama's a tax and spend Liberal Democrat and an American traitor. Obama appointed a do nothing CEO from GE that would rather do business with, and give our technology to a Communist country. See? Politics.

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me2

1:09 pm on Thursday, April 5, 2012

yes chris i know thats how politics work... but when i vote for someone who says "fair lawn first" i would expect them to find the best individual for that particular job- which would show they are putting fair lawn first.
but when they quickly appoint thier friends it shows they arent putting fair lawn first, they are putting thier friends first.

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me2

1:12 pm on Thursday, April 5, 2012

also a bit concerned the new majority will put there county friends (and bosses) first, instead of fair lawn first

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Chris Antonelli

1:31 pm on Thursday, April 5, 2012

I don't really see it that way, but ok. Better a Republican appoint a qualified Republican Than have Democrats pull out the religion card. This is despicable.

http://www.northjersey.com/news/146052945_Rothman_taps_GOP_voters.html

Allan E. Fineberg

10:19 am on Thursday, April 5, 2012

"On Friday, however, in a flip-flop that irked the Republican members of council, Democrats Lisa Swain and Kurt Peluso – who both previously supported the settlement -- voted to not authorize it, against the advice of both Hanrahan and borough attorney Ron Mondello.

“I’m not voting for this because I don’t feel it’s in the best interest of Fair Lawn,” said Swain, who explained she now preferred to try the case in court.

Afterward, Swain declined to answer why she believed taking the case to court was preferable." What an awe-inspiring example of journalistic objectivity. I'm impressed.

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Brent Pohlman

11:09 am on Thursday, April 5, 2012

Stuart, Thank you for the welcome. I think that the patch is an excellent resource for town news and a great forum for the discussion and debate of the issues must pressing to Fair Lawn. As for me2's request, my leadership form and resume were submitted to the town for review and I believe that they are still on file. Now, I would be more than happy to outline my relevant education and work experience on the Patch if you will identify yourself and indicate if you post under any other ID's on this patch. Because let’s be honest, you aren’t really concerned about my background. What you are trying to do is undermine my arguments by saying I am politically biased, because you cannot attack the merits of what I have said. Who do you think that you are to make demands of me from behind a veil? While there are some who post anonymously for personal or professional reasons there are others who do it so they can engage in baseless personal attacks or push a political agenda without having their name besmirched by such acts. That is the behavior of cowards and phonies and I have no tolerance for same. I think you will see that I will be very critical of those who spin, deceive or make baseless attacks. Fair Lawn is a great town, populated by hard working people dedicated to family and community, and this forum should serve a place for the open exchange of ideas and thoughts, that allows our citizens to better understand the issues and providing some entertainment.

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me2

11:59 am on Thursday, April 5, 2012

I dont post under my name for the same reasons i mentioned above. the people 'in charge" show favortism towards thier friends and family. i believe it could also work the other way, if i point out problems with the way they are running things it could effect my family and i negatively. if my son applies for a part time job at the community center and is more qualified than a friend of john cosgrove, im pretty sure my son wouldnt get the job, ecspecially if he has the same last name as someone who openly questions the councils decisions.
mr pohlman you are right about one thing, "fair lawn is a great town, populated by hard working people dedicated to family and community'. and i bet some of those residents are building inspectors, engineers, architects, and planners who would be great for the zoning and planning board. however i dont recall the current council advertising that they were looking for new qualified members of the planning and zoning board, and were accepting applications. all i heard was they got rid of 2 members that the dems picked and replaced them w/ 2 of thier guys.
ill check borough hall to see if they still have your resume and mr sina's resume on file, ill also compare them to my friends resume who is a retired building inspector who was never aware they were looking for new member for the board.

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Tommy P

1:35 pm on Thursday, April 5, 2012

I only use a portion of my name for the same reason me2 uses a completely made up user id.

The truth is friends and family first, not Fair Lawn first. Truth is, when you stand up, you'd better have allies. People are benefiting from the plunder, when you challenge them, they take it personally.

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Brent Pohlman

4:12 pm on Thursday, April 5, 2012

Thomas or Mr./Mrs. Paine, whichever it may be. From your posts you seem like an engaged, educated citizen who holds a torch to both the "R's" and "D's" feet. But I have to ask what is the plunder? and who exactly is benefiting from it?

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Tommy P

7:06 pm on Thursday, April 5, 2012

By way of disclosure I am a Republican since I was 18. The generalized plunder is the bulk of the municipal budget. The concept is basically the government does things it shouldn't and tries to hand out enough benefits that every thinks they are benefiting. While at the same time masking the costs. We always hear about grants, but when you look at the numbers, its a tiny percentage. Then ask the question, where does the grant money come from? We the taxpayers. They are bribing us with our own money, after their overhead!

I have used high profile examples like Fireworks, Memorial Pool, Community Center and Sr Center. These programs cost the town millions and millions of dollars and feature the typical above market rate salaries commonly found in the private sector. The private sector offers all of these services. If we simply eliminate those programs, we could reduce the burden on tax payers. On average, you could buy these service for much less then taxes you are forced to pay. However, temporary politicians are good at selling the benefit while masking the costs. People think the bus service is free, that membership dues cover the pool and etc. We are led to believe these services increase the values of our homes, when they do the exact opposite!

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Tommy P

7:07 pm on Thursday, April 5, 2012

People buy houses based on budgets, based on the monthly cost to pay PITI, principle, interest, TAXES and insurance. When you increase taxes, the amount left over for principal goes DOWN! THEY ARE DESTROYING HOME VALUES!

These numbers are old, http://unfairlawn.wordpress.com/, but should a "clerk" make over $145,000? Her assistant almost $90,000? A recent article highlighted how we give money to unaccountable "charities" to run our town's sports programs, yet we pay a Super of Recreation about $120,000, with an assistant who makes just under $100,000. I'd love to hear Metzler justify these...... Instead we get him to run cover for the stealth Republican tax increases. I know the clerk position is more entailed then it sounds, but $200,000+ on a Rec Super and Ass Super? Really?

BellairBerdan

1:03 pm on Thursday, April 5, 2012

I'd still like to know why Republicans ( or whatever you want to call yourselves even though you always vote the same way) need to gather the names of those that question them? It's only Republicans that do that. I realize this as many other blogs right leaning, filled with right leaning people patting themselves on the back saying they're right and everyone else is stupid and evil, but why do you need a name? You'll certainly engage with anons that agree with you all the time, but when it comes to answering a question y'all get on your high horse about identity. Even presidential candidates answer anonymous questions in debates, yet on the local level you refuse. Seems Republicans care more about who you are and Democrats what you are. But of course, anyone can go into a phone book, pick any name and use it as theirs on this site. They don't certify accounts on Patch. But, in the minds of the Republicans here that would give those names respect? Then they go on to rant about others being partisan while they themselves are doing the same thing. How ironic.

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Brent Pohlman

4:07 pm on Thursday, April 5, 2012

I would think “who someone is” and “what they are” are intrinsically tired together. Knowing who someone is, where they are coming from, and what their goals or alternatively what their agenda is important in evaluating the merit and worth of their comments. An inquiry or comment from a genuinely concerned citizen or Borough employee has more merit and value in my opinion, and is worth my time as opposed to a faux question from a political hack who is upset about losing a paid position on a tax board. Additionally, you claim that republicans call people stupid and evil, but on this site I have only seen that behavior from the people who attack the republican majority. A prime example of this is your friend Delgado. Delgado pops up and spews baseless claims of corruption against the republican majority, and then crawls away only to come back when there is an article or comment that is favorable to a republican action. Delgado contributes nothing to the dialogue and yet you direct a comment at me with an implication that I have called someone stupid or evil, when you know full well that no such comment has been made under my name.

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Brent Pohlman

4:07 pm on Thursday, April 5, 2012

I would think “who someone is” and “what they are” are intrinsically tired together. Knowing who someone is, where they are coming from, and what their goals or alternatively what their agenda is important in evaluating the merit and worth of their comments. An inquiry or comment from a genuinely concerned citizen or Borough employee has more merit and value in my opinion, and is worth my time as opposed to a faux question from a political hack who is upset about losing a paid position on a tax board. Additionally, you claim that republicans call people stupid and evil, but on this site I have only seen that behavior from the people who attack the republican majority. A prime example of this is your friend Delgado. Delgado pops up and spews baseless claims of corruption against the republican majority, and then crawls away only to come back when there is an article or comment that is favorable to a republican action. Delgado contributes nothing to the dialogue and yet you direct a comment at me with an implication that I have called someone stupid or evil, when you know full well that no such comment has been made under my name.

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BellairBerdan

6:02 pm on Thursday, April 5, 2012

Brent if my comment was directed solely at you I would have hot the "reply" button. That was a separate thought. This is a reply to you. Delgado does come in and is consistent. He calls them "dual government officials" or "double dippers". Which pretty much is the truth. They perform a reach around of the rules to do what they do. It was reported that when they got those jobs they can only serve out their current terms. Makes a normal person think that there is something inherently wrong with the situation but they'll find a way to allow them to get away with it for a while. Now I ask you, do you think calling them "dual govt officials" is bigger "name calling" than you calling someone who asks "please tell us any degrees or experience you have regarding building codes or knowledge of construction or planning?" a political hack, a coward and phoney? How dare they? It makes it look like your unwillingness to give an answer as an appointed official about your qualifications, you may have something to hide.

Having a politically appointed position can make you nothing other than politically biased in your comments.

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Brent Pohlman

6:41 pm on Thursday, April 5, 2012

Oh, BB you know I wasn’t calling me2 a political hack or any other name. I was pointing out that some people post anonymously for personal and professional reasons and others because they are political hacks, and me2 indicated that he/she did it for the former. I am sure he/she appreciate you standing up for them. And apparently you have trouble reading because I was critical of your friend Delgado for throwing around allegations of corruption without any support. I am proud of my accomplishments and my education, work experience and resume demonstrates that I am more than qualified to serve my town. But it is my personal choice to only discuss my background with those who are willing to identify themself to me. So if you would like me to tell you about myself I expect you to have the courtesy to tell me who you are.

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Brent Pohlman

6:44 pm on Thursday, April 5, 2012

On a side note, I am sure everyone here appreciates the anonymous BB asking me if I have something to hide. That is classic spin.

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BellairBerdan

8:16 pm on Thursday, April 5, 2012

Oh Brent, must I point out that your side note was the real spin? I never asked if you had anything to hide. I stated your refusal to answer makes it look like you do. All they asked was what degrees and experience you have for your appointed position. That's all. No one wants to know anything else about you. Wouldn't it have been easier just to answer?

Brent Pohlman

1:06 pm on Thursday, April 5, 2012

Me2 when you file your OPRA request I would encourage you to review the qualifications of all the the members of the Borough's Boards. Do you personally know any of Fair Lawn's elected officials because if so I find it hard to believe that you would think they would retaliate against you or your family. Clearly I know the mayor and deputy mayors very well and they are concerned citizens who truly care about this town and are open to constructive criticism. I also know councilman Paluso, and I would never imagine that he would ever take a retaliatory act against me because I may disagree with him on a policy matter. An imagined fear of retaliation seems like a poor excuse.

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Tommy P

1:37 pm on Thursday, April 5, 2012

Brent, did you file your resume with the town? Think all the members of all the boards have? Think you'll be reappointed when the Dems are back in control?

Brent Pohlman

1:55 pm on Thursday, April 5, 2012

Thomas, below is the link for the Citizen Leadership Form. Rather than draft a biography I elected to attach my resume. I cannot attest to what other people did, but as far as I am aware everyone is required to fill out this form. I would hope that after reviewing my service the council, regardless of its makeup, would consider me for reappointment. I am not blind to the politics, and if the "D's" regain control my reappointment is less likely. However, the Republican majority kept and elevated some "D's" and I would think that that if the "R's" are no longer in the majority when my term is up the "D's" serving on the council at that time would do the same.

http://www.fairlawn.org/Forms/Clerk-CitizenLeadershipForm.pdf

Getting back to me2's concern about the posting of consideration for Board positions. I believe that notice was given through the Borough website and the Community News.

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Brent Pohlman

8:54 pm on Thursday, April 5, 2012

BB, I would never do something just because it is easier.

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alex kapulsky

11:26 am on Saturday, April 7, 2012

OK. borough (means all of us) will pay 275K. How much pay cut police chief will get?

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Carol

12:31 am on Sunday, April 8, 2012

I am not a Fair lawn resident , but this story did catch my eye. I was wondering how many deputy mayors fair lawn has . two were qouted in this article. Which one is the deputy Mayor?

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Zak Koeske

1:18 am on Sunday, April 8, 2012

@Carol There are two deputy mayors -- Ed Trawinski and John Cosgrove. Trawinski's full title is deputy mayor of community affairs.

Carol

1:26 am on Sunday, April 8, 2012

Thank you, for clearing that up. I have seen Mr Trawinski's name in other articles regarding the county goverment. He seems to be in the paper a lot lately.

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ccj

4:47 pm on Monday, April 9, 2012

I guess the town can thank Mike Messina for adding another $300,000 or so to its deficit to pay him off. I can appreciate that we shouldn't take advantage of our employees but was he really so harmed by taking on more responsibility when the town needed him to? Did he really need to run to the state like a child? Can the town really afford an over $550,000 settlement given these economic times even with the state/ins. co. picking up a couple of hundred thousand of it. Given the absolute ridiculous nature of the civil service rules the towns need to do a much better job screening new hires to make certain they are bringing on individuals that are mature and professional.

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Marty Cone

6:03 pm on Monday, April 9, 2012

CCJ, what your post doesnt say, is that the town administrators have to do better at running the town...period. Mature and professional is what is needed. That starts with your Mayor and joke council, your part time plumber manager, (although, it trumps a washed up secretary), a high school graduate PD chief and an MTV reality show star of a captain. Now, add in a mix of favoritism and bad policy setting and you have a recipe for a failure. Thats where FL is at right now. Last time I looked, Messina's name isnt on the removal of insurance for Memorial, he didnt buy a hovel called the Naugle house, doesnt have a stake is skateboard equipment,didnt invent charging for the ambulance and is not the reason for layoffs or library closings. These are just the most recent of blunders. Blame your administrators, blame your attorney(s). You couldnt deal with what the officers and boro employees have to deal with everday. BTW, hold on to your undies, there are a few more in the hopper, this was only the second to be settled.....

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