Galloway Police Blotter December 24 - 31, 2012

CFS 853 MVAs   24

EMT 38 Tickets 85

FIRE 7 DWIs 4  

DV 22 Arrests 31 - Adult

BURGLARIES:  Buildings – 12/24 E. Mourning Dove Way 12/25 S. Canary Way,  12/26 Old New York Rd., 12/27 500 block of Tilton Rd., 12/30 Federal Ct.

Vehicles – 12/24 Terry Ln.,  12/26 Woodhaven Ave.

ARRESTS:

On 12/24/2012 Tammy Valazquez, 53, of Egg Harbor Twp. was arrested by Ofc. Christian  Magazzu for DWI following a motor vehicle stop.  She was released on a summons. 

On 12/25/2012 Samuel Fairweather, 28, of Galloway was arrested by Ofc. Stephen Vernon for DWI following a single car motor vehicle accident.  He was released on a summons.

On 12/27/2012 Andre R. Byrdsong Jr., 23, of Mt. Holly was arrested by Ofc. Ron Gorneau for Possession of marijuana under 50 grams.  

On 12/27/2012 Neftali Beltran, 34, of Burlington was arrested by Ofc. Vincent Ceci for Burglary and Possession of Burglary tools. He was released on a summons.

On 12/27/2012 Daniel Camp, 19, of Galloway was arrested by Ofc. Gary Brenner for Possession of CDS following a motor vehicle stop. He was released on a summons. 

On 12/27/2012 Joshua Flores, 25, of Jersey City was arrested by Ofc. Patrick Neal for Possession of CDS.  He was released on a summons. 

On 12/28/2012 Deborah Iwanski, 47, of Galloway was arrested by Ofc. William Kline for Possession of CDS and Possession of a Hypodermic Needle following a motor vehicle stop.  She was released on a summons. 

On 12/28/2012 Juan Higgins, 34, of Atlantic City was arrested by Ofc. Przemyslaw Ryba for Hindering Apprehension.  

On 12/29/2012 Madeline Ericson, 31, of Buena was arrested by Ofc. Ron Gorneau for Possession of CDS, Possession of marijuana under 50 grams, Possession with intent to Distribute and Possession of Drug Paraphernalia following a motor vehicle stop.  She was released on a summons. 

On 12/30/2012 Rodger Alvarez, 33, of New York was arrested by K-9 Ofc. Scott Winneberger for Possession of Marijuana under 50 grams following a motor vehicle stop.  He was released on a summons.  

On 12/31/2012 Kathleen Cavileer, 55, of Galloway was arrested by Ofc. Daniel Choe for DWI following a motor vehicle accident.  She was released on a summons.  

On 12/31/2012 Maria Rivera, 45, of Galloway was arrested by Ofc. Ron Gorneau for DWI following a motor vehicle stop.  She was released on a summons.  

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. 

Employee Layoff Separation Agreements by GallowayTwpNews

Township Advertises Request for Proposals on Special Counsel to Handle Records Management

Galloway Township has posted an advertisement on their Official Website requesting Proposals for a position of Special Counsel to handle Records Management. According to the advertisement, one of the Township's minimum requirements for this position is "Advanced working knowledge of OPRA, DARM and GRC."  According to the Advertisement, all Sealed Responses are due to the Township Clerk by Wednesday, February 6, 2013 at 11:00 AM.

Through various Open Public Records Requests, the Township over the past year has been under intense scrutiny by former publisher of GallowayTwpNews.com Harry B. Scheeler, Jr.  Scheeler is reported as having approximately 18 outstanding GRC complaints against the Township. The Township also had to defend at least two OPRA Lawsuits, both of which have been settled.

The Township has contracted with various Law firms over the past year in order to serve as Special Counsel either for litigation or to train employees as required by the Joint Insurance Fund. According to Legal Bills, Township Solicitor Michael Fitzgerald has been reviewing OPRA Requests in conjunction with Township Clerk TC Kay. Fitzgerald has also answered multiple GRC Complaints on behalf of the Township. 

As it pertains to the addition of another Attorney and the estimated cost the Township will incur, we requested comment from Mayor Don Purdy, Members of Council, Township Manager Arch Liston and Township Solicitor Michael Fitzgerald. Our request for comment went unanswered by all officials. 

We will follow up on the appointment as well as report on the legal fees incurred by Township for this Professional.

RFP Special Counsel for Records Management by GallowayTwpNews

Second Armed Robbery at CVS Smithville; Same Female Suspect Sought

Incident Type: Armed Robbery

Date and Time of Incident: 1/8/13 2045 hours

Victim Gender / City / Age Only:  Smithville CVS Pharmacy

Incident Location: Smithville CVS Phamacy 1 S. New York Road

Arresting / Investigating Officer: Ptl. C. Magazzu and Det. C. McGinty 

Misc. / Other Related Information: A female approximately 30-40 years of age entered the Smithville CVS, approached the pharmacy counter with a plastic bag in the air holding what appeared to be a handgun.  She demanded Oxys and Roxys from the pharmisist.  She was described as a w/f, thin build, tan stocking over face with eye holes cut out.  She was wearing black jeans, black hoodie and white sneakers.  Survellience footage shows that she left on foot toward the Smithville Historic Shops.  Suspect made off with approximately 300 precription Oxycodone pills.  There were no injuries reported.  The store was closed for the rest of the evening.

This is the second time in a month that there was an Armed Robbery at the CVS in the Smithville Section of Galloway Township. December 29^th @ approximately 5:10 pm a suspect that appears to be the same female commited an Armed Robbery which resulted in the theft of 300 prescription Percocept. Anyone with information is asked to contact the Galloway Police Department @ (609) 652-3705. 

Publisher Requests Township to Investigate Sick Time Payout of $18,876.18 Paid to Employees

On Wednesday, January 2, 2013, Galloway Township Council approved by unanimous vote a resolution "Authorizing the Payout of Accumulated Vacation and Sick Time for Employees who have Separated from Galloway Township as of December 31, 2012." Fourteen employees are listed on the resolution for a total amount of $211,356.71. Of that, in our opinion, $18,876.18 was paid to employees who were not eligible to receive it.

Four members of the Police Department will receive a total of $138,751.82 while the other ten employees will receive a total of $72,604.89.  Wording on the resolution specifically states throughout, that payment is being made "upon retirement and/or separation" pursuant to Township Ordinance 1068 of 1991. All of the employees listed on the resolution were members of a Union, either PBA Local #77, Local 210 (Blue Collared and/or Supervisors Unit), Local 676 and/or Local 68.

The employees being part of a Collective Bargaining Unit (CBA), receive benefits that are set forth therein. When reviewing each of the CBA Contracts for Paid Leaves, excluding PBA, each of the contracts state the employees are to Paid Leave in accordance with Ordinance 1068 of 1991. After reviewing the Resolution authorizing the payments and Township Ordinance 1068-1991, also known as Section 73-8 in the Township Code, it was clear, the Township's Resolution adopted on January 2, 2013 does not conform with the language set forth in the Ordinance.

According to Township Code, employees are only permitted to receive payment of Sick Leave time if they either "Resign or Retire." The ordinance does not allow a provision for the broad term of "separation" as the Township used in the resolution.

After reviewing each of the employees Exit Interview Forms, which we have released below, there are seven employees who did not either Retire or Resign. Six of the employees were part of the Township's wide spectrum of Layoff's. One employee is still employed with the Township and only received a reduction in hours. Employee's who receive a Layoff status are able to seek unemployment benefits immediately. However, employees who resign, will have a harder time obtaining those benefits.

It is our opinion after reviewing all the relevant Township Codes, CBA Contracts, Resolution and Personnel Forms, that the seven employees who received Sick Leave Payout totaling $18,876.18, were not permitted to receive any of those benefits as they are still employed or were laid off.

We notified and requested comment from Mayor Don Purdy, Members of Council, Township Manager Arch Liston, Township Solicitor Michael Fitzgerald, Director of Finance Marilyn Dolcy, Police Chief Patrick Moran and Township Auditor Leon Costello of our findings with the Township's overpayment of Sick Leave. 

We believe the Township's inclusion of the word "Separation" in the Resolution which further allowed the authorization of these payments, is not consistent with the Township Code. If the Township opted to pay employees who received a status of Layoff, the Township would need to amend the Township's Code and each of the CBA contracts, as the contracts also state Resignation and Retirement only, not separation.

In response to our email, Councilman Jim McElwee stated, "I made a motion to table Resolution 37-13 for further review. I was told by manager Arch Liston that these payouts were in line with their Union Negotiated Contracts. Solicitor Fitzgerald concurred I believe with a nod of his head. For this reason and on their explanation I withdrew my motion. If in fact these employees do not meet the criteria for these payouts, I will request the resolution be amended at the next Council Meeting to reflect any and all adjustments needed."

Mayor Don Purdy also responded for comment by stating, "I will be looking into your findings on Monday as this is Saturday now and there is no one (sic) able to check. We on the governing body alway(s) look to rely on our professionals." All other requests for comment went unanswered at the time of publication.

We have requested the Township to immediately suspend payment to the employees until the determination is made as to whether the seven employees who received $18,876.18 in Sick Payout is reviewed for compliance in accordance with Township Code and Ordinance 1068 of 1991. 

Employees & Amounts requested to be Investigated:

Pamela Alleyne:     $1,158.87     (Planning & Zoning)

Carla Dow:     $10,000.00     (Senior Services)

Raymond Farrell:     $1,838.63     (Public Works)

Bryan Losasso:     $2.342.04     (Public Works)

Edward McClain:     $471.79      (Public Works)

Jennifer McConaghy:     $629.13     (Police Department)

Bernard Sawasky:     $2,435.72     (Public Works)

The Township previously came under scrutiny when former publisher of GallowayTwpNews.com Harry Scheeler exposed the Township under former manager Stephen Bonanni approving Compensatory Time to three salaried employees. Although the employees did not have to give the Comp Time earned back, the Township no longer permitted those employees to receive any additional Comp Time.  One of those employees has since resigned. 

We have released our email which includes an in depth research of our findings, the Resolution Township Council adopted that is in our opinion, not in conformance with Township Code and the Exit Interview Forms of the fourteen (14) employees who received Pay Outs totaling $211,356.71. 

We will follow up with Council at the next council meeting as to the result of this inquiry for investigation.

Request for Comment on Employee Payouts


Resol 37-13 Payout Accumulated Leave
Employee Exit Interview Sheets 2012