State should take over prosecutor’s office
Monday, June 14th, 2010Following an article published in the Star-Ledger last week, N.J. county leaders to ask Gov. Chris Christie for state takeover of prosecutors’ offices, the Union County Watchdog Association has sent the following letter of support to the Governor, all county Executives & Prosecutors.
Re: Support placing county prosecutors under the attorney general’s direct control
Dear Governor Christie:
The UCWA is a nonpartisan nonprofit 501(c)3 organization working on behalf of the residents and taxpayers of Union County monitoring the activity of county government and advocating change to eliminate waste, corruption and incompetence.
In 2010 budget studies were undertaken to better understand the machinations of Union County government. We released two separate reports, one was on personnel. We studied each county department in detail and I would like to share with you our findings on the Union County Prosecutor’s office and offer a citizen’s view on a state take over of this office.
Any state takeover of a county operation should be undertaken with a strict spending cap in place. In 1995 the state took over the operations of the Union County Courts and $17.2 million dollars was absorbed by the state, however this did not result in a tax decrease for Union County taxpayers, the savings were quickly absorbed into the county budget and were spent elsewhere.
Our complete report on the Union County Payroll can be found at http://unioncountywatchdog.org/page.asp?ID=2047
Our recommendations for the Prosecutor’s office:
The state should take over the prosecutor’s office and it should be placed under the office of the Attorney General
Many of the tasks performed by county prosecutors could be shared and centralized
Public can’t oversee this department because it does not have access to expenditure’s due to security concerns.
Justice can’t be blind when local politics have sway over the Prosecutor’s budget.
Excerpt: Union County 2010 Budget Review
Section P - Prosecutor
What they do
The county’s chief law enforcement officer who sets policy and direction for law enforcement. Assisted by investigators, assistant prosecutors and support staff. Operates Major Crimes, Domestic Violence, Megan’s Law, Sex Crimes/Child Abuse, Juvenile/Missing Persons, Special Enforcement, Victim Services, Trial Teams, and Fraud/Confidential units and more. Visit www.ucnj.org/prosecutor/webphone.html for a complete overview. Note that public corruption is not covered.
What they cost
Salaries 2010: $19,138,452 / Overtime 2010: $500,000
258 employees – most have county vehicles with more than one car assigned for every 2 employees.
139 total vehicles assigned, these vehicles are often purchased through confidential resolutions citing security reasons. The assignment list is also not available to the public for security purposes.
Expensive to house, the Routolo Building was built for this department and it is currently undergoing an expansion and renovations.
Own parking for all their vehicles.
Highly paid work force with 21 different bargaining units and non-contractual employees.
59 make over $100,000 ($7,294,947 collectively)
45 make over $90,000 ($4,273,988 collectively)
17 make over $80,000 ($1,449,264 collectively)
16 make over $70,000 ($1,199,612 collectively
22 make over $60,000 ($1,424,551 collectively)
21 make over $50,000 ($1,160,104 collectively)
48 make over $40,000 ($2,226,633 collectively)
20 make more than $30,000 ($697,680 collectively)
1 makes $27,220
8 are seasonal ($3,322 collectively)
The courts have recently mandated that attorneys need to take 12 credits of continuing education per year. This will affect 57 attorneys in the prosecutor’s office starting in 2010.
It was revealed during the 2010 Budget Hearings that the Prosecutor’s office has a detective dealing with the server, when the county maintains an extensive IT staff and outside consultants.
In addition to the Prosecutor’s payroll towns have to allocate officers to work on Prosecutor’s Homicide, Auto and Narcotics Task Forces.
Recommendations
The state should take over the prosecutor’s office and it should be placed under the office of the Attorney General:
Many of the tasks performed by county prosecutors could be shared and centralized
Public can’t oversee this department because it does not have access to expenditure’s due to security concerns.
Justice can’t be blind when local politics have sway over the Prosecutor’s budget.
Problems and Concerns
Many of the Prosecutor’s expenditures are hidden from public view for security purposes. Therefore, the public can not hold this department accountable.
Another glaring problem which is a detriment to society is the fact that prosecutors are appointed by the governor for 5 year terms by recommendation of whichever power-brokers control the county. Under this system it can’t be expected to keep politics out of decisions of who to prosecute and who to turn a blind eye to. Too often county prosecutor’s offices are used as political weapons.
Governmental corruption is a rampant, pervasive problem in the state of New Jersey and is destroying our quality of life. The F.B.I. is the only law enforcement agency that has shown any success in combating corruption, but it is a drop in the ocean. In order to restore justice and public faith in government law enforcement needs to be free from political influence. That could never occur at the local level of government.
With all the waste, abuse and questionable positions highlighted in this report, it should be noted that the Freeholders and the County Manager George Devanney, who is the nephew of State Senator Raymond Lesniak, asked extensive questions during the 2010 budget hearings when the Prosecutor asked for two new civilian positions ($40,000 salary range) to free up experts’ time to tackle the backlogs in DNA testing and a data programmer. Both of these positions would help alleviate overtime. County hierarchy including Devanney who had just recently created two questionable positions for employees that used to work for his wife in Berkeley Heights questioned $80,000 for these essential positions while patronage, and even no/low-show jobs, run rampant throughout county government costing millions that could be allocated for essential services. The prosecutor did not mention a word about any of it which is a perfect example of how politics control a county prosecutor and why it is in the best interests of the public for the state to take over the prosecutor’s office. A true professional in his position would prefer to work in a more professional environment answerable to his peers.
The Finance Committee Chairman this year was freeholder Alexander Mirabella whose brother, a former officer with the Garwood PD, escaped prosecution in 2009 even though he was caught on videotape tampering with and destroying public property. The reason the county Prosecutor’s office did not choose to investigate this incident might be excused away however it is too much of a coincidence that Open Public Records Act requests placed to the prosecutor’s office for documents pertaining to this incident were returned “no documents to provide” thereby giving the appearance that nothing ever occurred, and shortly thereafter two letters signed by this office turned up in Garwood’s files.
Extensive county resources were used to investigate an alleged crime involving the stalking of Assemblyman/Undersheriff/former State Democratic Committee Chairman Joe Cryan. A former Assistant Attorney General, Debra Stone, who has been a county prosecutor and overseen prosecutor’s offices from Trenton, said in a Star-Ledger article in May 2006 that the time and manpower expended on the Golding investigation appear disproportionate to the charge of fourth-degree stalking. “The whole case is not normal. It sounds like it was certainly not a run-of-the-mill stalking case in terms of the investigation. It’s highly unusual,” Stone said. She said the number of investigators following Golding that day was “more similar to something we would use on a homicide investigation.”
Questionable practices are ongoing. It has been two months since a judge ordered that the computers seized by the prosecutor’s office in this case be returned to Golding, and the county has not complied. Judge Maenza, recently assigned to this case, was reported in a Star-Ledger article recently to have said the criminal case, which began in and stayed in Union County for some time before being transferred to Morris County, should not have been handled in Union County because of a conflict of interest.
Justice can not be blind when the chief law enforcement officer of the county is answerable to politicians. A prosecutor can’t be expected to step on the toes of the hierarchy that controls his budget. And for security reasons, the door is tightly closed against the rays of sunshine necessary to hold government accountable as the public can only get outside glimpses of what goes on. Therefore it is common sense that county prosecutors should report directly to, and be the responsibility of, the State’s Attorney General’s Office.
cc:
Paul Dow, Attorney General
Hester H. Agudosi, Division of Criminal Justice
New Jersey County Executives
New Jersey County Prosecutors
Plainfield Today reported today:
Sergeant who filed report on Hellwig demoted, suspended. Time for Christie to intervene.



