IRVINGTON, NJ — The state Department of Community Affairs Local Finance Board recently cleared Irvington Municipal Council Vice President Renee Burgess and the other council members of any wrongdoing regarding an ethics complaint filed against them last year by Elouise McDaniel, president of the Irvington Joint Block Association and Nesbitt Terrace Block Association. The governing body, which approved a resolution to pay Mayor Tony Vauss’ legal fees in the ongoing sexual assault lawsuit filed against him by township employee Tamara Smith, had come under fire from McDaniel.
According to Timothy J. Cunningham, chairman of the state Department of Community Affairs Local Finance Board, McDaniel’s complaint alleged Burgess and the council, “violated the Local Government Ethics Law when they voted at the Feb. 3, 2015, council meeting to approve Resolution No. 34 to engage outside legal counsel to defend the mayor in a claim by a township employee.”
The law states, “No local government officer or employee shall use or attempt to use his official position to secure unwarranted privileges or advantages for himself or others.”
However, Cunningham said, “After preliminary investigation of the facts and circumstances relevant to this complaint, the board determined to dismiss the allegations. … as the matters complained of were largely beyond the jurisdiction of the Local Government Ethics Law.”
“The mayor was named as a defendant along with the township by another employee in the township,” Cunningham wrote in his letter dated Wednesday, March 8. “Therefore, the mayor is entitled to separate counsel. In addition, Irvington’s Municipal Code contains a defense and indemnification ordinance to defend employees in legal actions arising from their positions. Finally, while an individual may not agree with the township’s decision to absorb the costs of the mayor’s legal defense fees, there is a legal basis and also an ordinance in place regarding representation in litigation.”
Cunningham concluded that the complaint filed has been dismissed.
“The DCA Local Finance Board’s decision validates the action taken by the Municipal Council,” said Municipal Council President and North Ward Councilman David Lyons on Monday, March 20. “The council adhered to all ethical and legal requirements in enacting this resolution. The dismissal of the complaint by the DCA Local Finance Board closes this matter.”
Lyons said, “The Municipal Council will continue to focus on its main priority — improving the township for the benefit of its residents.” Burgess agreed with him but also thanked McDaniel for her ongoing civic involvement despite how misguided it might seem at times to others in town.
“I respect her concerns,” Burgess said March 20. “I’m just glad she was able to get an answer to what she thought was wrong. She has the right to do that. I’m not in this position to do anything wrong. I’m glad it was dismissed and all we can do is move on and continue to make Irvington cleaner, safer and a better place for everyone to live and work.”
McDaniel said that while she appreciated Burgess’ statements, she does plan to file an appeal.
“I think they missed the point that Tony Vauss was on a leave of absence from his job with the town in order to run for mayor in 2014 and he hadn’t been sworn in as mayor yet when all of these sexual assault allegations allegedly occurred,” McDaniel said Thursday, March 16. “I’m going to file an appeal and see if they will take those things into account the next time around. I think they made a mistake because, if he wasn’t working for the town when all this stuff supposedly happened, then he’s not entitled to have the township — meaning the taxpayers — pay his legal defense bills.”
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