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Home My Public Portal About1997/08/13 AUGUST 13, 1997 A Special Meeting was held by the Mayor and Council of the Borough of Carteret on August \3, 1997, 6:30 P.M., Municipal Court, Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. SPECIAL MEEl'lNG August 13, 1997 The following were noted present: PRESI'Nf Mayor Peter J. Sica Councilmember Bialowarczuk " DuPont " Failace " Fazekas " Feingold " Gutowski Also noted present was Borough Attorney Craig Coughlin and Paul Mercatanti from AFSCME. Mailed to The Home News & Tribune, The Star Ledger and posted on the bulletin board on August 8, 1997. STAnMENI OF tlEEfING NOnCE Various Grievances and Disciplinary Hearing. A Closed Session may be held. PURPOSE OF WE MEEITNG Mayor Sica said we are going to hear William Kolibas Jr. first He said he understood that Mr. Kolibas is going to ask for a continuance because his attorney is not here. He asked Mr. Kolibas if he is asking for an adjournment DISQJSSION Willian Kolibas Jr. Mr. Kolibas said yes. Mayor Sica said Mr. Kolibas's attorney is Mr. Hedesh who is on vacation and cannot be here tonight, so he is asking for a continuance. Mayor Sica made a motion to grant a continuance. Motion to Grant A Continuance Upon MMS&C, by Councilmembers Fenigold and Bialowarczuk the motion was made and upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the af1:ìrmative Motion Carried 1 AUGUST 13, 1997 William Kolibas Jr. Continued Mayor Sica said it is adjourned until....... Attorney Coughlin said under the regulations Mr Kolibas has the right to an attorney and he has the right to select the counsel that he wishes and based on the fact that he has requested it he thinks that the Council could intentionally prejudice itself upon on the appeal if they were to proceed having denied his request to counsel where this is only listed for the first time. I think if it were to continue or if we were to set a new date at some point in the process we would constantly request adjournments because you needed counsel and counsel never appeared and at some point you have to go on but on the first time, under the records the incluent has a right to counsel and probably an adjournment is appropriate. Councilmember Gutowski asked if he was telling us that his counsel is coming back next week. William Kolibas Jr. said that he really didn't know when he was coming back. Next week or the middle of next week sometime. Councilmember Gutowski asked if he will be prepared to deal with this when he does return. William Kolibas Jr. said correct Councilmember Feingold said he has the right to counsel. He doesn't have to say anything. He requested an adjournment There is a motion pending. Mr. Gutowski should vote to abstain. Mr. Kolibas shouldn't answer questions without his lawyer here I could ask the Mayor to demand (inaudible) Mayor Sica said he is sure, he agrees with Mr. Feingold that he doesn't have to answer anything but if he wants to say to his lawyer that he would be prepared the next time his lawyer comes he doesn't see anything wrong with that. Attorney Coughlin said he didn't think that was an inappropriate question. He thought he has already said he wanted to have counsel. It is not inappropriate for the judiciary body to ask if when your counsel is available if you would be prepared to go forward. How he prejudices himself, certainly nothing that he is going to say would be used against him in a subsequent proceeding......... Mayor Sica said he agrees with Mr. Feingold, if it got to the point where we were asking any questions pertinent to this then he would rule it out, but he guesses he will allow that question. Attorney Coughlin said there is a requirement that the hearing be conducted within thirty (30) days ])nless there is mutual consent to the parties. He would submit that the request by the party against whom the charges are pending constitutes a request on his part, consent by the governor, by the counsel to that request would constitute consent by both of the parties so therefore.... . 2 Mayor Sica said it has to be within thirty (30) days. Attorney Coughlin said in the first instance, but we are granting an adjournment so he don't think anybody can raise the right that they didn't have a hearing within thirty (30) days where ~'s request unless we were already beyond the time period. Mayor Sica said okay, we would grant the postponement He then said the next one is Mr. Vitale and he asked if he was present. Mr. Vitale said he was. Paul Mercatanti asked the Mayor if this would be in Closed Session. Mayor Sica said it is up to Mr. Vitale Mr. Surick then spoke out telling the Mayor it was up to him too and he would like it Closed. Mayor Sica told Mr. Surick when he recognizes him he then talks. He told him not to just holler it , it is not a joke Paul Mercatanti told Mayor Sica that he is requesting that the Governing Body hold this in Closed Session. He said he has always held grievances in Closed Session in the past . He said since he has been standing up there they never had a Public Session grievance and he requests that he maintain this consideration and hold a Closed Session. Mayor Sica said the person being brought up on charges has the right to have it in Closed Session and we have to grant it RESOLUTION #97-241 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Failace and Fazekas RESOLUTION #97-241 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the af1:ìrmative. At approximately 6:44 p.m., a Closed Session was held. 3 AUGUST 13, 1997 William Kolibas Continued Kevin Vitale REiQUJITON #97-241 Closed Session AOOPIID ADJOORNID 10 CLŒED SESSION AUGUST 13, 1997 opm SESSION At approximately 9:40 P.M., upon MMS&C, by Councilmembers Failace and Fazekas and unanimQUs af1:ìrmative vote of the full membership present this meeting was opened to the public. Kevin Vitale Continued Mayor Sica: The Council has determined that Mr. Vitale has the right not to work overtime, but Mr. Vitale does not have the right to walk off that truck, especially at 3 :00. Stretching it, if this Council had approved 8:00 to 3:30, he still would of had to stay there till 3:30. He left a half hour before he should have left. Ifhe had not left a half hour earlier he couldn't be found guilty of that either. He found him guilty of leaving the truck before quitting time for that we give him three (3) days suspension. We also find that 8:00 to 3:30, that Paul came out here tonight, that is the hour that this department has been working, it will not be tolerated any longer. That department will work from 8:00 to 4:30 in accordance to their union contract. It has cost this city a tremendous amount of money and now we find out that there is overtime involved here and we are not going to tolerate it That is it Ted Surick: What do you do with the summer hours, Mayor? Mayor Sica: Summer hours are for certain departments. Summer hours are not for Recycling Department. When we negotiated the contract that was specifically brought up that we would not have summer hours on recycling because some people don't put their stuff out until later. Ted Surick: Is that true Paul? Or, if the contract is there everybody goes and (inaudible) themself hours. Paul Mercatanti: Certainly no, recycling work ,it says right here, forty (40) hours (inaudible) 8:00 to 4:30. Jessie Bagala Municipal Clerk: Next Jessie. Mayor Sica: Okay, Mrs. Bagala, you want your Open or Closed? Paul Mercatanti: Jessie wants it open. Ted Surick: (Inaudible) against me, I want it Closed. Jessie Bagala: He is afraid. Ted Surick: I am not afraid. Jessie Bagala: Yes you are. Mayor Sica: He has the right to have it Opened or Closed. Ifboth people don't agree on it it's Closed. Ted Surick: And Craig could the Mayor hear it? 4 ..,/ Attorney Coughlin: Could the Mayor hear it? Ted Surick: It is irrelevant, hugh? Attorney Coughlin: The Mayor can't. ..1 would....... Mayor Sica: The Mayor doesn't vote in anything, the Mayor runs the meeting. Ted Surick: Can he run the meeting Craig? Attorney Coughlin: I think he can, I think it is up to him to make a decision about whether or not he should recuse himself or not Mayor Sica: I am not recusing myself I have heard every grievance about everybody since the twenty (20) years, I am going to hear this one too. RESOLUTION #91-242 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Failace and Fazekas RESOLUTION #97-242 "RESOLUTION TO GO INTO CLOSED SESSION' was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont Failace, Fazekas, Feingold and Gutowski voted in the af1:ìrmative. At approximately 8:42 p.ll, a Closed Session was held. At approximately 10:37 p.m., upon MMS&C, by Councilmembers Fazekas and Failace and the unanimous af1:ìrmative vote of the five membership present, this meeting was opened to the public. Paul Mercatanti: We still have Vitale's vacation. Mayor Sica: We are going to discuss that Monday. 5 AUGUST 13, 1997 Jessie Bagala Continued RESOWITON #97-242 Closed Session AOOPrID ADJOORNED 10 CLOSED SESSION opm SESSION DISQJSSION Kevin Vitale AUGUST 13, 1997 DISQJSSION Continued William Kolibas Jr. Discussion ADJOORNED Paul Mercatanti: And we got Willie's (inaudible). Mayor Sica: And we are going to discuss that on Monday. Councilmember Fazekas: Teddy could you call Stan in? Councilmember Failace: I think what they meant..... I don't want to talk for you Mayor, so Monday night she is talking about what we are going to discuss... --' Mayor Sica: Three (3) members from the union and three (3) members from the Council. Councilmember Failace: They are going to discuss the problems that are going on and see if we can try and rectify these problems without going crazy and hopefully could help in the future. What time do you want to do that Mayor, 6:30? . Mayor Sica: 6:30. Attorney Coughlin: Do want to set a hearing for Ted Surick. I am away next week. I can send somebody from my office if you want. Municipal Clerk: I'll talk to you tomorrow Craig. A motion to adjourn the meeting was made by Councilmember Fazekas an second by Councilmember Failace, so after no further discussion, at \0:38 p.m., this meeting was adjourned, Respectfully submitted, ~..;;:-~~ 'KATHLEENM B " Municipal Clerk KMB/lr ----------------------------------------------------------------------------- ---------------------------------------------------------------------------------- 6