Sayreville officials fight allegations they violated ethics laws
SAYREVILLE – Two borough officials are fighting allegations they violated ethics laws by voting in 2017 to declare vacancies in the police department while their relatives were on the eligible list to fill those vacancies.
The violation notices were sent separately by the state's Local Finance Board, charged with investigating possible ethics law violations, in December to Mayor Victoria Kilpatrick and Councilwoman Mary Novak, who were both borough council members in 2017.
"I want my name cleared," Novak said. "This whole thing was handled poorly because of COVID. We didn't even have a hearing. They said I cooperated. They asked me one question in writing, and I sent a response and I never heard another thing for several years. This isn't final. They misinterpreted my statements. I think I can explain it better in person or even in a virtual hearing."
Kilpatrick said she also believes hearings are warranted.
According to state law, if an administrative hearing is requested, the Local Finance Board will not issue a final decision until the hearing process is completed.
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According to the notices first reported on the Transparency NJ website, Kilpatrick and Novak voted during a closed council session to declare five vacancies in the borough’s police department on May 1, 2017.
At that time, Kilpatrick's brother, Robert Deuel, and Novak's son, Charles Novak, were on the certified list of candidates for appointment to law enforcement positions in the borough, documents say.
After taking Civil Service tests, Deuel was ranked 22nd on the list and Novak was ranked 12th.
State documents say that though Kilpatrick and Novak acknowledged that their relatives were on the list, they both sought advice from the borough's legal representative who said there was no conflict of interest.
A law partner of Borough Attorney Michael DuPont present during the meeting "reiterated on the record the opinion … that there was no conflict of interest in certain council members having relatives on the Certified List that prevented their participation in the matter concerning how many vacancies to declare in the Sayreville Police Department."
Kilpatrick and Novak were assessed fines of $100 each, which were waived considering their "reasonable reliance on the advice of counsel."
The board noted that Kilpatrick did not respond to its Notice of Investigation, while Novak did respond.
The board found their actions violated the Local Government Ethics Law as both officials had a direct or indirect financial or personal involvement that could to impair their objectivity or independence of judgement, the notices say.
In addition, the board dismissed a second allegation against Kilpatrick and Novak.
"The board also determined that you did not use or attempt to use your official position to secure unwarranted privileges or advantages for yourself or others" when they participated in the discussion and vote, the notice says.
Email: sloyer@gannettnj.com
Susan Loyer covers Middlesex County and more for MyCentralJersey.com. To get unlimited access to her work, please subscribe or activate your digital account today.