Ethics issue centers on MUA appointment
Councilman accused of conflict due to pending application
BY JESSICA SMITH
Staff Writer

An Old Bridge councilman has filed an ethics complaint against one of his colleagues for what he is calling a conflict of interest.

Councilman Richard Greene, one of two Republicans on the nine-member council, took umbrage with a nomination made by Democratic Councilman Dennis Maher to reappoint Nicholas Smolney as commissioner of the Old Bridge Municipal Utilities Authority (OBMUA).

Maher's wife has an application pending before the OBMUA for a lot that is to be subdivided, then sold for development.

"Councilman Maher should have recused himself from the vote to avoid any potential conflict of interest," Greene said. "The arrogance of power that was displayed by Councilman Maher and others during the discussion of Mr. Smolney's appointment must not be permitted."

At the council's reorganization meeting Jan. 8, both Greene and Republican Councilwoman Lucille Panos objected to the nomination. Greene voted against the appointment, while Panos left the dais, saying she would not be part of what she saw as an unethical process.

Greene wrote in a letter to James M. Cooney, attorney for the township's Ethics Board, that he would like the board to consider that Smolney has served as campaign treasurer and fundraiser for Maher's election to the council. This suggests that the two men have both a personal and political relationship, which could compromise the integrity of Smolney's nomination by Maher, as well as Smolney's vote on the pending application, Greene said.

Maher dismissed the complaint as baseless and political in nature.

"I think it's political nonsense that Mr. Greene is pursuing this matter as a conflict of interest," Maher said. "It seems somewhat strange that Mr. Greene should suddenly be so pro-ethical."

Maher said Greene's timing is questionable, since it is an election year. Maher's at-large council seat is among those up in the November election.

Further, Maher said, Greene voted on the appointment even though he has a son who works for the OBMUA.

Greene said he questioned other council members about whether they had any conflicts regarding the OBMUA, and was unable to get answers from them. This, he said, suggests there may be other ethical issues abounding in the matter.

"I have an obligation to the residents of Old Bridge to pursue it, because I feel [Maher's] actions, in turn, could benefit Mr. Maher financially," Greene said.

Greene's complaint was scheduled to be heard at Wednesday night's Ethics Board meeting. Greene expected that it would be discussed in closed session with the members of the board. This does not preclude him, however, from addressing it during the regular meeting, he noted.

Through his complaint, Greene is looking to have the appointment voided.

Maher responded to Greene's complaint in a letter to Cooney, requesting that the complaint be forwarded to the State Local Finance Board for resolution. He wrote that he is certain the ethics board would not view the matter as an ethical dilemma, and that Greene would take the next step of bringing it before the state board anyway.

At the council's reorganization meeting, Township Attorney Jerome Convery said the pending OBMUA application does not necessarily create a conflict of interest, and that Maher was simply doing his duty as a councilman by nominating Smolney for reappointment.

"I look forward to our ethics board exercising the same judgment to solemnize this matter and put a quick end to this political nonsense," Maher said.

Both Convery and Maher cited the doctrine of necessity, arguing that the OBMUA is a monopoly, and that anyone applying for water or sewer services in the town would have to go through them.

Greene said at the time that he felt Convery's siding with Maher was a political move.

Maher has made the same statement regarding Greene's actions.

"Mr. Maher is saying this is politically motivated, but we have elections every two years," Greene said. "Do I have to keep my mouth shut every time an issue I don't agree with is put forth?"

Maher noted that Greene sent out a press release about his complaint prior to sending it to township officials, Maher said.

Mayor Jim Phillips, a Democrat, agreed with Maher that the complaint is politically motivated.

"This is not a concern for Mr. Greene about the ethics, this is a concern for Mr. Greene about the political theater," Phillips said. "The political silly season has begun."