Beware of Title 59

The very harsh winter of 2011 has created many hazardous conditions in Plainfield and in other municipalities across the state of New Jersey. Conditions that, if left unattended, could result in property damage that could leave unsuspecting or uninformed citizens holding the bag. Under Title 59 of the New Jersey Constitution, municipalities are granted immunity from liability if certain conditions are not met by a plaintiff, i.e., plaintiff must prove that a municipality had actual or constructive notice of the dangerous condition. Beware of Title 59; I am quoting sections of that statute for the benefit of all Plainfielders:

59:4-1. Definitions
As used in this chapter:

a. "Dangerous condition" means a condition of property that creates a substantial risk of injury when such property is used with due care in a manner in which it is reasonably foreseeable that it will be used.

b. "Protect against" includes repairing, remedying or correcting a dangerous condition, providing safeguards against a dangerous condition, or warning of a dangerous condition.

c. "Public property" means real or personal property owned or controlled by the public entity, but does not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public entity.

59:4-2. Liability generally
A public entity is liable for injury caused by a condition of its property if the plaintiff establishes that the property was in dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:

a. a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or

b. a public entity had actual or constructive notice of the dangerous condition under section 59:4-3 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.

Nothing in this section shall be construed to impose liability upon a public entity for a dangerous condition of its public property if the action the entity took to protect against the condition or the failure to take such action was not palpably unreasonable.

59:4-3. Actual notice; constructive notice
a. A public entity shall be deemed to have actual notice of a dangerous condition within the meaning of subsection b. of section 59:4-2 if it had actual knowledge of the existence of the condition and knew or should have known of its dangerous character.

b. A public entity shall be deemed to have constructive notice of a dangerous condition within the meaning of subsection b. of section 59:4-2 only if the plaintiff establishes that the condition had existed for such a period of time and was of such an obvious nature that the public entity, in the exercise of due care, should have discovered the condition and its dangerous character.

I encourage my constituents to inform the City of any hazardous condition in the public right of way, such as pot holes, that they are aware of. By so doing, you will be protecting your interest and that of others in the event of property damage arising from said hazardous conditions.

In the meantime, drive safely and avoid road hazards.

Regards,

Adrian

A Plainfield Citizen's Suggestions for Greater Efficiency and Effectiveness

Dear Friends,

Plainfield, Dec. 27, 2010, (source: NJ.com)

I recently received an email from a Plainfield citizen with suggestions for greater efficiency and effectiveness in the way the City responds to snow emergencies--plowing and removal. I am posting that email here in its entirety.

On Wed, Dec 29, 2010 at 7:34 PM:

1.      Mr. Mapp, this recent snowfall started me thinking of how we could respond better as a City to such a hazardous condition and with the most efficiency.  I think the following could be helpful:

2.      Fit several PMUA garbage trucks with plows.  They are out early each morning and could plow snow off to the side while making their regular rounds and when DPW comes in they can finish off what has been started by the PMUA.  Not in their contract? Well all things are negotiable when the economy is down and we are trying to save jobs.

3.      The patrol cars can be given a couple of bags of salt for icy intersections afterhours.  Since we work 24/7 there wouldn't be any overtime cost to the City.  We also have two pickup trucks that we use to plow our own lot, so we could keep sand, salt, etc in the back during winter season to help out with major ice conditions at hazardous intersections after hours.

4.      The Fire Department could keep salt and sand in their open pickup truck for emergency icy intersection conditions. 

5.      The last resort would be a call out to DPW on overtime, which would probably not be necessary if we set in motion the aforementioned plan.

I agree with this citizen that if the suggested plan (or one designed utilizing some of its components) were to be implemented, it could result in a significant dent in the City’s overtime budget for snow removal. The idea of attaching plows to the PMUA vehicles is one that has been previously mentioned; it is a shared service that can be easily implemented between the City and the PMUA. 

The other suggestions can be readily implemented as a directive from the City’s Director of Public Safety. This is one way that the City’s finest and bravest can contribute to the enhancement of public safety while at the same time reducing the operating cost of the DPW. Your suggestions and feedback would be greatly appreciated as well.

Best regards for 2011,

Adrian

HAPPY NEW YEAR TO ALL!

The Wise Men Brought Gifts, Not a Pink Slip

It was ironic that the notice of termination from Mayor Sharon Robinson-Briggs to City Administrator Bibi Taylor was served exactly one month prior to the birthday of the late Dr. Martin Luther King, Jr., a man who spent most of his life fighting for peace and justice for all. It is also worthy to note that the termination was to take effect on the date that a new King was born, the Prince of Peace.

Thus the decision of my colleagues last night proved, in the words of Dr. King, that no lie can live forever, and that truth crushed to earth will rise again. King also said that the arc of the moral universe is long, but it bends towards justice.

I believe that justice was served last night and that the best interest of Plainfield was weighed in the balance and preserved. I applaud my colleagues, members of the public, and everyone who had a hand in turning a wrong on its head so that justice could stand erect and be dispensed for all of to see.

The unanimous vote of the council to reverse Mayor Robinson-Briggs’s ill-informed decision again evokes Dr. King's admonition that "...injustice anywhere is a threat to justice everywhere." It also reminds those who have faith and believe that the King who was born on Christmas day was the Prince of Peace, not Ebenezer Scrooge, and that the wise men brought gifts, not a pink slip.

Regards,

Adrian

A "Thank You" to Leaders of Unions Representing City of Plainfield Employees

Please allow me to take this opportunity to thank all of you who participated in the meeting on Friday, December 3, 2010 with Cory and me and members of the Council's Finance and Administration Committee, along with City Administrator Bibi Taylor. The meeting gave us an opportunity to interact in ways that we never have before. Our discussions were very candid, and all of us at the table appeared to have an understanding and an appreciation for the difficult roles that all of us must play in the effort to save the jobs of fellow employees. It goes without saying that the task ahead of us is a very difficult and challenging one.

I appreciate your willingness to go back to your rank and file to explore opportunities that could lead to material concessions in both the short and long term. Please know that we, as elected officials, take no joy in making the very difficult decisions that we at times are called upon to make in order to strike a balanced budget under the strictures of the budget law and other applicable statutes. It is in the spirit of current economic reality and consideration for the well-being of all employees and tax payers, as well as a desire to not lay off fellow employees that we seek to establish a partnership that leads to meaningful and compassionate concessions.

Again, I convey our thanks and appreciation to you for extending the invitation, not only to meet with you, but for the spirit in which the meeting was conducted.

Regards,

Adrian

Ms. Drakeford Deserves an Apology from the Editor of the Courier-News

The editorial in this past Monday’s Courier-News (11/29) left me with the feeling that the editor of the paper reached deep down into the cesspool where some newspaper editors find their material. This editorial was nothing more than a journalistic lynching of a private citizen. At best, it was disparaging and, at worst, it was slanderous to the former Corporation Counsel, Jackie Drakeford.

First of all, for the Courier to opine that “The City Council has hired an old ally of the late former mayor, Al McWilliams” and that by choosing her “guarantees that the probe will be tainted, regardless of the outcome” is just plain wrong. It suggests that all appointees of a chief executive are allies of the chief executive and are therefore incapable of being objective and impartial. If one were to swallow such twisted logic, one might arrive at the conclusion that the current Corporation Counsel, Dan Williamson, is an ally of Mayor Briggs, who appointed him, and that, therefore, any opinion he renders to the City Council pertaining to her would be tainted by his allegiance.

Furthermore, for the editor to insinuate that the probe of the $20,000 expenditure is about “New versus Old Democrats” is a conclusion that has been reached through a pair of myopic lenses. The idea for a probe into the expenditure in question came from Councilor Rashid Burney, who has disavowed any and all connections he has had to the New Democrats; he did so way back in 2005 and has been a loyal disciple of Assemblyman Green and the “Old Guard” ever since.

This probe is about actions that are questionable and the council’s desire to get to the facts so that decisions can be made in the best interest of the tax payers of Plainfield.

Finally, the editor’s conclusion that “What Plainfield needs is someone without any agenda” is an unfair presupposition about Mrs. Drakeford and her politics. Here again, the editor besmirches Mrs. Drakeford by insinuating that she has an ax to grind and would therefore use it to pin the Mayor against a wall.

This kind of journalism that attacks the reputation and credibility of a private citizen who has a stellar reputation must be seen for what it is, an "Evil Knievel" leap of monstrous proportions fraught with danger. It’s a leap that sullies the name of a decent private citizen who has stayed clear of politics for as long as I have known her. She does not deserve to be tarred with the brush of political affiliation.

Mrs. Drakeford deserves an apology from the editor of the Courier-News.

Regards,

Adrian

Municipalities Must Face the Harsh Realities of Today's Economy

The much-talked about 2% levy cap was on the minds of the vast majority of attendees to the 95th Annual New Jersey League of Municipalities Convention. This new levy cap will make next year the toughest in recent memory for mayors and other elected officials, who will be forced to make some very hard choices from an a la carte menu of municipal services. Municipalities will no longer be able to seek waivers from the Local Finance Board. If the tax levy is expected to be greater than 2%, the municipality would have to seek permission from the voters by way of a referendum. Municipal leaders would need to know well in advance of preparing the budget whether or not a referendum would be needed.

A very popular topic at the convention was binding interest arbitration. It is the 800 pound gorilla that keeps consuming as much as 60 to 70% of the taxes that fund municipal operations. Current statutes allow a municipality to impose a contract settlement on non-public safety unions when there is a deadlock in the collective bargaining negotiations. However, under the current system, when there is a deadlock in the collective bargaining process between a municipality and the union representing police and/or fire, the dispute must be settled in binding interest arbitration--it cannot be imposed.

Historically, judges in binding interest arbitration have awarded salary increases that average 4% without any consideration given to any of the other components, such as longevity, holiday pay, uniform allowance, college incentive or acting pay which, together with the arbitrator’s award, pushes the overall increase to about 10% annually. The general feeling is that municipalities can no longer sustain the double digit increases that public safety employees have grown accustomed to, especially with a 2% tax levy.

Greg Fehrenbach, the League's Municipal Management Advisory Service Coordinator, opined that the only solution to binding interest arbitration is to get rid of it. He felt that more people are hurt by binding interest arbitration than are helped by it, and that simply rearranging the chairs on the titanic is no solution. He suggested that dismantling binding interest arbitration is a message that must be communicated, very strongly, to members of the New Jersey state legislature.

Municipal leaders were encouraged to pursue shared services opportunities with neighboring towns and with other local governmental entities in an effort to control and or stabilize rising costs. They were also reminded of the need to file copies of past and future shared services agreements with the Director of the Division of Local Government Services. Additionally, officials were reminded of the requirement to put the last three budgets on their websites.

One of the NJLM attorneys cautioned municipalities on the imposition of across-the-board furloughs (previously believed to be permissible under the rules of the Department of Personnel). The caution was based on a recent PERC (Public Employees Relation Commission) ruling which basically precludes municipalities from unilaterally imposing furloughs, but instead requires municipalities to negotiate furloughs with collective bargaining units. The same is true for reducing an employee’s work week from full time to part time.

Some of the legislation being considered as part of the Governor’s tool kit to address the issue of out of control property taxes would result in ending terminal leave for all new hires, giving municipalities the right to opt out of the Civil Service, and changing the current system of binding interest arbitration for public safety employees.

Officials were reminded of the need to create effective strategies for controlling health benefits costs. They were encouraged to move in the direction of the private sector model where employees’ contributions are based on the cost of the benefits and not on a percentage of salary.

Essentially, municipalities have to face the harsh realities of today’s economy and must, out of shared necessity, let unions know that there is no money to afford them the kinds of increases they have come to expect. If the jobs of their members are to be protected, they must be willing to agree to costs containment concessions at the bargaining table.

Regards,

Adrian

Congratulations to Column A

Election Day was a bitter sweet day in Plainfield: sweet because of the success of our local democratic candidates, and bitter because of the losses that were suffered by House Democrats. The congressional losses will slow the pace of reform at the national level and will affect President Obama’s agenda in a very negative way.

Nevertheless, the American people have spoken and the President must listen. It is important for him to make the necessary adjustments to his agenda and approach, as former President Bill Clinton had to do in the wake of the 1994 mid-term elections that brought us Newt Gingrich’s “Contract with America.” President Obama, like all good leaders, must be willing to practice the art of compromise as he prepares to enter the negotiations arena with the new Speaker of the House. The challenges that the nation faces require a very strong bi-partisan effort.

The people of Plainfield can be proud of the fact that they stood with President Obama at a time when he needed them the most. They came out in large numbers to support one of his key allies, Congressman Frank Pallone. The number of registered voters in Plainfield as of October 14, 2010 stood at 21,630. Of that amount, 8,696 (40.2% of registered voters) voted in Tuesday’s election, a significant turnout in an off-year election. This was due in large measure to the tremendous efforts of New Democrats working to get the vote out in the 2nd and 3rd wards of the City, and to other Democrats who pulled the vote out in the 1st and 4th wards. I commend all of you who worked tirelessly to ensure such a significant turnout in a mid-term election.

Congressman Pallone owes his victory to the very strong show of support he got from Plainfield.

As we look to 2011 and beyond, we must do all that we can to tighten our belts in these austere times of record unemployment, a housing market that shows no sign of rebounding any time soon, dwindling state aid, declining revenues, and rising health benefits and pension costs. We must, out of shared necessity, find ways to reduce the costs of government so as to lessen the burden on homeowners who are stretched to the limits. One way to accomplish this is through an aggressive marketing effort aimed at attracting investors to our city. Another way is through shared services agreements that are based on economies of scale. We must also put pressure on our state elected officials to put an end to binding interest arbitration as we know it today.

Last, but not least, is for the state to force municipalities to consolidate and to expand the role of county government while at the same time redrawing county boundaries to align with reconfigured municipalities. These are some of the bold steps that must be taken in an effort to slow the rate of property tax increases.

Again, I wish to congratulate the entire slate of column A Democratic Party candidates for their victory on Tuesday, especially my dear friend, Councilwoman-elect Rebecca Williams, Bill Reid, and Freeholder-elect Linda Carter. I look forward to continuing to work in partnership with all of our local and county elected officials to effect change in a meaningful way.

Regards,

Adrian