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Showing posts with label Background Investigation. Show all posts
Showing posts with label Background Investigation. Show all posts

Friday, June 7, 2013

UPDATED: Investigation by GallowayTwpNews.com Forces Township to Admit the Secret Hiring of a Private Investigator


  • Is the Press Release issued by the Township the real reason the Private Investigator (PI) was hired? 
  • Were "certain" council members not privy to the hiring of the PI and did one Member of Council try to stop the investigation prior to it occurring? 
  • Did GallowayTwpNews.com expose a secret hiring?
  • Why did Township Manager Arch Liston not tell Council at a Public Meeting he already hired a Special Assistant?
GallowayTwpNews.com was the first media entity to discover and report the Township's hiring of a Private Investigator. Prior to that report, we released personnel actions forms of numerous employees the Township gave promotions to as well as hired. 

Of those employees hired was a former Galloway Township Police Officer who now has a business as a Private Detective called Investech.  James Brennenstuhl who is the principal of his company, was hired by Township Manager Arch Liston on February 19, 2013. Brennenstuhl was hired to be the Special Assistant to the Township Manager.

One of the things that did not make sense in this hiring, was GallowayTwpNews.com previously reported on March 11, 2013, that the Township advertised in the NJ League of Municipalities the same day an opening for a Management Assistant. Brennensthul was not only already employed by Galloway, but was already serving in that capacity as of February 23, 2013 according to his time sheets. We requested through an Open Public Records Request the Job Description for Brennenstuhl. Township Clerk TC Kay released the March advertisement as the Job Description. The inconsistencies in the Township's timeline of events caused us to investigate further as to why Galloway Township hired a PI. 

After GallowayTwpNews.com published our story indicating Brennenstuhl's hiring, we received several inquiries as to Brennenstuhl's past with the Township. Brennenstuhl is a former police officer for Galloway Township. It is alleged, Brennenstuhl retired after he was injured in a local bar fight while on duty for the Township. We requested Brennenstuhl's resignation letter, however because of the retention period, the documents were destroyed by the Township. 

In 2011, Brennenstuhl received a contract with the Township and approved by Council to perform "background investigations" for New Hires in the Police Department. We submitted an Open Public Records Request for a complete Vendor History on Brennenstuhl to include payments made to him, including the company Investech. According to Township Clerk TC Kay, no records existed for our request.

It was alleged through a source that Brennenstuhl was also hired to conduct Internal Affair Investigations for the Police Department. Chief of Police Patrick Moran confirmed, "Mr. Brennenstuhl has offered those services (internal affairs) to our department; however, we have not used him for any investigations, nor do we have any immediate need to use him."

Prior to Moran's statement, he contacted the Publisher of GallowayTwpNews.com on May 31, 2013 at 3:45pm in reference to a message we left with Township Manager Arch Liston. Moran indicated he was calling us since Liston was out of town and was in a bad area for cell phone service. However Liston still was able to make contact with Moran to let him know we called, through the bad cell service. Of course this is also after we published a statement indicating we would expose the content of our story and investigation unless the Township objected to same. 

In our conversation with Moran, he indicated he would try to contact Liston, via text. We further agreed to cooperate with the Township in not releasing our story until after Liston returned to work on Wednesday, June 5, 2013. On Saturday, June 1, 2013 at 11:20pm, we received a text message from Moran stating, "FYI, I made contact with the Manager and he knows to contact you when he gets back. Thank you for your consideration."

GallowayTwpNews.com did not want to obstruct or hinder an investigation being conducted, therefore we offered mutual consideration. 

Liston never made contact as we requested, however, our "consideration" was rewarded when Liston issued a Press Release to all media outlets including GallowayTwpNews.com. The Press Release was to confirm the Township hired a Private Investigator as originally exposed by this Publisher. 

We visited Liston in his Township Office almost immediately after he released the Press Release. Liston, who could not look at this Publisher in the eye, refused to answer any questions unless they were reduced to writing, as stated in front of multiple Township employees, including Township Clerk TC Kay. 

According to Liston in the Press Release, "the Township Manager was advised by members of the fire companies that reporting may have been done differently and inconsistently by each company." That reporting according to Liston, created "statistical anomalies" to appear between each company. Liston states, "$130,000 is spent annually on the program." The program is funded by the taxpayers. 

Liston stated, "The Township Manager in lieu of hiring an auditing firm at over $100 an hour, brought in a former police officer, James Bruennenstuhl who is familiar with the community and the fire companies, to assist in the review at $25 an hour, with a maximum expense of $1,000." Liston further stated, "This was submitted and approved by the New Jersey Department of Community Affairs."

We submitted an extensive list of extremely valid follow-up questions to Liston regarding his press release as he requested. Liston has not returned any of our request for comment. Of the questions we submitted to Liston was, "If the statistical anomalies are money allocation of which you stated the Township spends over $130,000 on, wouldn't the investigation be better suited by a licensed accountant instead of a Private Detective/Investigator which according to his resume, does not have accounting experience."

The Township appoints each year a Municipal Auditor. We questioned Liston if the statistical anomalies were discovered through the audit process. Liston did not reply.

It has been alleged by several firefighters we spoke with on the grounds of anonymity, that the statical anomalies in their opinion are consist with Liston's first part of the press release indicating "points for service." However, the points of service as alleged by these firefighters are not the duration of the years of service, it is the points or attendance granted per "service call."

Another question we submitted to Liston was, "Is it true, that these statistical anomalies are more so an internal investigation into the conduct of individual(s) within the fire companies logging points for service on calls of which they never attended? If so, is there a targeted fire company located in Galloway Township? It appears Mr. Brennenstuhl is conducting surveillance, is that accurate?" Liston did not return our request for comment. We also requested comment from Township Fire Chief Tim McKenna, our request was also not returned.

According to payroll records released by the Township which in our opinion, thwarted their attempt to remain confidential in the investigation, Brennenstuhl submitted two pages from his company called "Investech" showing "Statement of Account" that the Township labeled as his time sheets. Those time sheets clearly indicate the Township as a "Client" and "Investigate" all over them as his service.  In essence in our opinion, at this point there was no way to hide an investigation was occurring. 

The time sheets also calculate mileage Brennenstuhl was traveling giving the appearance some sort of surveillance is being conducted. Our assumption is based on Brennenstuhl being hired as an "employee" and not contracted by the Township as an Investigator as they did in 2011.

GallowayTwpNews.com spoke with members of council of which requested anonymity indicating the "Township Legal Counsel requested they (council) not comment to GallowayTwpNews.com Publisher." We questioned why the Township is restricting speech of Council members and one council member stated, "because of who the publisher is." We have provided same to our own legal counsel as to the Township's prejudice to this news organization. 

In our conversations with those council members, two of them were not aware of the Township hiring a Private Investigator for any reason. A main concern presented was socializing this Private Investigator with other employees to conduct an investigation without the knowledge of those employees or the Township's Union Representatives. Some employees are also members of the Township Fire Department, including the Chief of the Township's Fire Department. 

Our last question to the Township Manager of which he did not respond was, "Are you aware of any involvement by a certain Member of Council to "sweep" under the rug per se, the results of your investigation as it pertains to "issues" that may have or be discovered by this investigation." We posed the question as one member of council we spoke with alleged involvement of another member of council that may have tried to stop the investigation prior to it occurring. 

Liston stated the report would be presented to Council and made Public. We urge the Township to fully state the reasoning of the investigation and why the Township has so many of their own statistical anomalies in the hiring of Brennenstuhl. 

We also urge the Township Manager to explain to Council why Brennenstuhl was truly hired. Liston was asked at a Council Meeting by a member of the public, also reported by Galloway Patch, why the Township was spending money on a Special Assistant to the Township Manager. Liston stated at a public meeting that his own salary would be reduced because the help of the assistant. Liston indicated he would be working 5 days a week instead of the 4 days he was originally hired. 

Liston listed the reason as "organizational structuring" and didn't specify which needs he was referring. Liston never told Council in Public at that meeting he already hired someone, giving the impression not only to council but also to the Public, he was seeking applicants. 

We request Township Manager Arch Liston to be forthcoming in this situation and not leave everyone in dark as to his true intentions on this hiring. 

Press Release LOSAP by GallowayTwpNews




Wednesday, June 5, 2013

UPDATED x3: Township Hires a NJ Licensed Private Detective as the Township Manager's Special Assistant; Conducting Investigations

FULL STORY RELEASED: Click HERE to Read

Pending requests for comments from Chief of Police Patrick Moran, Township Manager Arch Liston and Fire Chief Tim McKenna, this story will be released by tomorrow (Friday) morning. 

UPDATED x3 (June 5, 2013): Township Manager Arch Liston voluntarily issued a joint Press Release with Township Fire Chief Timothy McKenna at 2:30pm today. The Press Release confirms the exclusive investigative report issued by GallowayTwpNews.com that a Private Detective/Investigator was hired by the Township to conduct an investigation. Significant follow-up questions were presented to Liston in reference to this Press Release. A full release of the story and the release of the Press Release is pending based on the outcome of Liston's response to our inquiry. 

UPDATED x2 (May 31, 2013): GallowayTwpNews.com was contacted today by Chief of Police Patrick Moran. GallowayTwpNews.com Publisher has agreed to cooperate with the Township and not release this story or any additional information until this Publisher has further conversations with the Township and Township Manager Arch Liston on Wednesday, June 5, 2013. Moran stated he appreciated our cooperation. We will not be releasing any additional information in regards to our conversation with the Chief of Police. Check back for details as this story is developing as we feel it is appropriate to update the viewers due to high volume of traffic on this story. 

UPDATED (May 31, 2013): GallowayTwpNews.com was contacted yesterday by a Township Official inquiring as to the release of this story. That Official was also not aware of the hiring of a Licensed Private Detective (PI) as a Township Employee. This is the second Official to deny any knowledge of this hiring.

The Official was concerned as to the release of this story and any repercussions the release of this story may have on the integrity of the investigation being conducted by this PI. We have provided this official with additional information in reference to the investigation as it was provided to us. This Official requested we contact Township Manager Arch Liston, of which we did and our calls have not been returned. Until the Township of Galloway requests we not release this story, this story is anticipated to be released Sunday Night!

GallowayTwpNews.com was contacted by multiple individuals after we published a story on several Township Employees receiving Promotions and Raises.

Jim Brennenstuhl was hired by Township Manager Arch Liston and started his paid position as an "employee" on February 19, 2013 as Part-Time "Special Assistant" to the Township Manager.  One of the individuals who came forward under the grounds of anonymity, provided compelling information that we felt needed to be investigated. 

GallowayTwpNews.com filed several Open Public Records Request in attempt to confirm certain allegations brought forward by this individual. We were able to confirm a majority of the accusations and will be providing a full report on Brennenstuhl's employment with the Township of Galloway. 

Some employees and a council member claim they were not aware Brennenstuhl, who is a New Jersey Licensed Private Detective with his own local company was hired by the Township and conducting investigations from within as an employee.

A specific time line of events will also be released in support of this story. Check back for details as this story is developing.

Friday, January 11, 2013

UPDATE to Publishers Request for Investigation on Sick Pay; Separation Agreements Released

On Saturday January 5, 2013, we requested the Township to investigate $18,876.18 worth of Sick Time to be paid to Seven Employees who were listed on a Resolution approved by Council authorizing the payout. Since our request to the Township and publication of same, we continued our own investigation into the payouts. After speaking with multiple employees and several members of Council, it appears three employees on the list may have a provision in their Union contract that would permit the payment of Sick Time for "Layoff."

Those three employees were members of IBEW Local 210. The provision in the contract for "Layoffs" states, "an employee of the Township who, is laid off shall receive payment for unused sick leave at the rate of fifty percent (50%) reimbursement for said days not to exceed $10,000.00. The rate of pay for this reimbursement shall be computed at the employee's daily rate of pay as of the date of separation of service."

The resolution approved by Council states the employees are being paid through the provision of Ordinance 1068 of 1991 which does not include a "Layoff." The conflict remains as the provision in the Ordinance in which Council approved for the sick leave, is not consistent with the provision in Local 210 Contract for Lay Offs.

Although the three employees in our opinion, Carla Dow $10,000, Raymond Farrell $1,838.63 and Jennifer McConaghy $629.15, may be eligible to be paid under Local 210 contract provision for Lay Offs. Council would still need to amend the resolution approving the payment under the correct provision afforded to the employees.

As for the other four employees, one employee is still working part time is part of Local 210 and the other three employees who were laid off, were part of Local 676 Union from the Public Works Department. In reviewing the Collective Bargaining Agreement for Local 676, their contract does not have a separate provision for Layoffs. It is our opinion, with the lack of that provision and the continued wording in the resolution stating the employees are to be paid in accordance with Ordinance 1068-1991, these remaining four employees in which the payout totals $6,408.42, still may not be eligible. 

The Township also released the Separation Agreements for each employee that was further executed by Township Manager Arch Liston. Each agreement contains a provision that each employee waives "all rights to reemployment with Galloway Township."  In exchange for the employee agreeing to the layoff, "Galloway Township will not contest any application for "Unemployment Benefits." 

Council members we spoke to assured us that the Township's Labor Counsel is reviewing the Sick Time Payout. We anticipate Council to decide based on the Attorney's review, which employee will ultimately receive the payout, at the next council meeting on January 22, 2013. 

 
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