HomeMy Public PortalAboutr 02:254No. 02-25z,. D~te of Adoption ~ I3~ 2002
ACCEPTING REPORT OF SPECIAL COUNSEL
KEN~I, ETH LEBRATO, ESQ.
WHEREAS, the Governing Body of the Borough of Carteret received a
citizen's complaint regarding certain activities and conduct of Housing Authority
Commissioner Daphne Miles during the November 7, 2000, General Election, at
or about the Carteret Housing Authority Building located on Essex Street; and
WHEREAS, the incident that gave rise to said complaint also resulted in
an incident report, # 0011076632, being prepared by the Carteret Police
Department; and
WHEREAS, by Resolution No. 01-233, the Governing Body retained the
services of Kenneth Lebmto, Esq., as Special Counsel to investigate the facts and
circumstances surrounding the above referenced complaint; and
WHEREAS, Mr. Lebrato conducted his investigation and issued his final
report entitled, "Activities on November 7, 2000 at the Carteret Housing
Authority Polling Place, Carteret, New Jersey"; and
WHEREAS, Special Counsel Kenneth Lebrato, Esq., personally
presented and submitted his repOrt to the Governing Body detailing his
investigation and his findings and conclusions based upon that investigation; and
WHEREAS, Mr. Lebrato's report was critical of the conduct of Housing
Commissioner Daphne Miles, and also addressed certain issues with regard to the
conduct of Mayor James Failace; and.
WHEREAS, Housing Commissioner Daphne Miles and Mayor James
Failace have strenuously taken exception to the findings and conclusions
contained in Mr. Lebrato's report, as well as the conduct of his investigation; and
WHEREAS, on June 13, 2002 the Governing Body heard the positions of
commissioner Miles and Mayor Failace concerning their objections to Mr.
Lebrato's investigation and report; and
WHEREAS, following said presentations, the Borough Council decided
to formally receive Mr. Lebrato's report and place the same on file without taking
any further action thereon.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of
the Borough of Carteret, County of Middlesex, State of New Jersey as follows:
1. That the report of Special Counsel Kenneth Lebrato, Esq.,
entitled "Activities on November 7, 2000 at the Housing Authority
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NO. 02-254
Polling Place, Carteret, New Jersey" be and is hereby received and
to be placed on file with the Borough Clerk as the final report with
regard to said above described citizen's complaint.
2. That formal notification of the Governing Body's action
shall be provided to Mayor James Failace and Housing
Commissioner Daphne Miles so that they may have thirty (30)
days in which to submit to the Borough Clerk any written
objections, as well as any supplemental documentation, that they
may have concerning Mr. Lebrato's report and/or his investigation,
with the same being filed along with Mr. Lebrato's report and
becoming part of the official record of this matter.
3. That, thereafter, this matter shall be formally closed and the
Governing Body shall not take any further formal action with
regard to the same.
t~pted this 13th day of June, 2002
and certified as a true copy of the
original on June 1~, 2002.
Assist2nt B~nicipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
PARISI x SANTORO
REIliAN X SOHAYDA X
RIOS X SOSNO~SKI X
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Mumcipal Counc June 13, 2002
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