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Greene calls for Maher to step down from council Dems say Republican councilman's complaint is politically motivated BY JESSICA SMITH Staff Writer
OLD BRIDGE - Close to four months after filing an ethics complaint against Councilman Dennis Maher for what he says was conflict of interest, Councilman Richard Greene is now calling for Maher's resignation.
"Councilman Maher's arrogance and indifference should no longer be ignored," Greene said in a press release. "I am seeking Councilman Maher's resignation and ask Mayor Jim Phillips to join me in my effort to replace Councilman Maher on the Township Council."
The ethics complaint arose in January, when the council voted to appoint Nicholas Smolney as commissioner of the Old Bridge Municipal Utilities Authority (OBMUA) at the council reorganization meeting. Greene took issue with the fact that Maher and his wife have an application for water and sewer approvals before the OBMUA for a lot that is to be subdivided, then sold for development.
Maher made the nomination, and though both Greene and Councilwoman Lucille Panos objected, Township Attorney Jerome Convery stated that he did not see Maher's participation in the vote as a conflict of interest.
"The township attorney ruled at our January reorganization meeting that I did not need to recuse myself because there is a 'doctrine of necessity,' meaning that anyone wanting water and sewer in Old Bridge must deal with the OBMUA," Maher said. "The fact that someone has an application before the OBMUA board doesn't mean there is a conflict."
The town's ethics board has yet to rule on the complaint. James Cooney, the attorney for the board, said it will likely meet in June to render a decision.
"The next step will be for the ethics board to meet and decide whether they have to have a full hearing, or if they can make a decision based on the information we have," Cooney said. "We want this resolved."
Board member Rabbi Eugene Wernick said the delay is most likely due to the board's inability to establish a quorum, and the board is trying to handle the issue as soon as possible.
"It's very difficult, given the present composition of the ethics committee, to get us all together," Wernick said. "We understand the need to act on this matter, one way or another."
Phillips said he had heard nothing of the call for Maher's resignation, and he would stand by the decision of the ethics board regarding the complaint.
"I think Mr. Greene calling for the resignation has more to do with politics than it does with ethics," the mayor said.
Greene is running against Phillips in the race for mayor this year.
Council President Pat Gillespie also said he was unaware of the call for Maher's resignation. Both he and Phillips said that Maher's vote did not sway the decision to appoint Smolney.
"It's campaign silliness that is starting early," Gillespie said. "It's really a non-issue."
According to Gillespie, since Convery was consulted at the time of the vote, it is not likely that Greene's complaint would have an effect on the matter.
As part of Greene's complaint, he is seeking to have Smolney's appointment voided so the council can conduct another vote. Greene stated that because Smolney has served as campaign treasurer, political adviser and fundraiser for Maher's election to the council, Maher could see financial benefits as a result of the relationship. He also said Phillips and other council members have ties with Smolney. Greene said he obtained Maher's financial disclosure statements for the past five years, and found that he did not include information about the housing development, or a company he owns, called Consulting Time Services, from which he made payments by check to the OBMUA.
"Clearly if he has a company and he's writing checks from it, it should be on his financial disclosure," Greene said.
Maher said he did report ownership of the land on his disclosures, except for one year when he only partially submitted information regarding it because of an oversight. His attorney has responded to the complaint to the ethics board, and Maher said he will allow them to handle the matter.
"Are we … to believe that his multimillion dollar housing project was so unimportant that it just slipped his mind when it came time to include the property or his interest in Consulting Time Services on his financial disclosure statement," Greene asked.
Panos said she supports Greene in both his complaint, and his call for Maher's resignation.
"I thought it was arrogant of [Maher] to even nominate [Smolney]," Panos said. "He should have abstained."
Maher maintains his position, along with Phillips and Gillespie, that the complaint has more to do with politics than with ethical concerns.
"I have too much respect for members of the ethics committee to make this a political circus, and will await the committee's review of all the facts with respect to the appropriate next step," Maher said.
Panos defended the validity of Greene's claims.
"Councilman Greene filed those charges a while back, so that wasn't political," Panos said. "Just as a follow-up on those charges, he's asking for his resignation. They're the kings of political playing, so … that's why they're thinking that."
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