BLOOMFIELD, NJ — A Bloomfield resident has filed a notice of tort claim against the Township Council stemming from allegations that 2nd Ward Councilman Elias Chalet has damaged his reputation. A tort claim is a lawsuit against a public entity or official.
Gary Iacobacci alleges that Chalet used his position as a public figure to intimidate, harass, retaliate, defame and slander him at a Nov. 2, 2015, regular session of the council, according to the claim.
At the meeting, during the public hearing portion of the agenda, a Bloomfield resident, Ed Brasseur, chided Councilman-at-large Joseph Lopez for what Brasseur characterized as Lopez’s unprofessional behavior when criticising Chalet for an alleged conflict-of-interest.
Lopez had publicly criticised Chalet for representing a Bloomfield bar, Moon Palace, as its Realtor while voting for a resolution involving the bar. Previous to his voting, Chalet had informed the council that he represented Moon Palace.
Iacobacci, who was then standing at the podium, responded to Brasseur’s remarks by reiterating that Chalet had not recused himself on resolutions involving Moon Palace and that Chalet had voted to have several relatives hired or appointed to township positions.
“The ironic part is that your vote wasn’t need,” Iacobacci said. “You had enough votes.”
Immediately following the conclusion of the public hearing, Chalet spoke.
“Mr. Iacobacci,” Chalet said, “I definitely would like to thank you for your advice. But I think you are the last one that I would take advice from knowing your reputation. It’s like asking a thief to preach about honesty and honor.”
Iacobacci called out from the audience.
“Are you calling me a thief?” he said. “On the record? I want to know. Is that what you’re saying?”
Chalet continued saying the relatives for whom he had voted were cousins and that his grandfather and their grandfather were brothers. He said he had conferred with the legal department and was told he had no conflict-of-interest. He then told Iacobacci that he, Iacobacci, had no character or moral guidance “family-wise or career-wise.”
Iacobacci’s attorney, Catherine Elston, said a notice of tort claim must be filed within 90 days of an alleged injury. The person making the allegation must wait six months before bringing a suit. This gives everyone a chance to settle the matter.
“The notice is saying Gary is threatening to bring a suit,” Elston said in a telephone interview last week. “He doesn’t have to sue but it protects his claim.”
Elston, who represented two Bloomfield Police Department officers wrongfully suspended for military leave, said the suit is against the entire council, as defendants, because Chalet spoke as a council member.
According to the notice of tort claim, “defendants participated in Chalet’s unlawful actions by further threatening claimant with removal from the public meeting for his efforts to defend himself against Chalet’s unlawful actions.”
Iacobacci had several times attempted to interrupt Chalet. He was told by Mayor Michael Venezia to stop or the police would remove him.
According to Elston, Iacobacci would not have to wait six months to sue for alleged intimidation, harassment or retaliation because these are First Amendment rights. He would have to wait for alleged defamation or slander claims.
Several attempts were made to contact Chalet for this story without success.
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