~I.J~~~>C\ CONFIDENTIAL FORMRFI (''. REQUEST FOR AN INVESTIGATION * t '1*) * ' * STATE OF NEW JERSEY 11 * \ ' . ' / 11: 1 \ * ~ NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION * '---- * P.O. Box 185, Trenton. NJ 08625-0185 ~-~~ (609) 292--8700 or Toll Free Wrthin NJ 1-888-313-ELEC (3532)

FOR STATE USE ONLY Website: www.elec.state.nj.us

The New Jersey Election Law Enforcement Commission ("ELEC") investigative authority is limited to violations of the Campaign Contributions and Expenditures Reporting Act, NJ.S.A. 19:44A-1 et seq . the Personal Financial Disclosure Act, NJ.S.A. 19:448-1 et seq., and the legislative and Governmental Processes Activities Disclosure Act, NJ.S.A. 52:13C-18 et seq. ELEC does not have jurisdiction over the conduct of an election, the balloting process, or misapplying public funds for election purposes.

Person(sJ Bringing Request: (Please Print or Type}

Name: Ryan Curioni Daytime Phone: (201 ) 694-8473

Address: 76 Liberty Street Evening Phone:

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Allegations: (Please Print or Type} State your detailed allegation(s) and provide the specific relevant facts which form the basis for this request for an investigation. Please make reference to any relevant reports, and when possible, provide copies of reports. If you are alleging that a filing obligation was incurred by virtue of exceeding an expenditure threshold, please provide specific information relevant to incurred costs (e.g. volume of literature produced and circulated, cost of advertising, etc.). Also provide documentary evidence or a physical description of such evidence (i.e .. "4x6 foot hand-painted sign") relevant to your allegations, including campaign literature, pictures, advertisements, signs, etc. Please also state the names and addresses of other persons whom you believe have knowledge of the facts. If you are alleging that a lobbying reporting obligation was incurred, please also provide as specific and detailed information as possible. Attach additional sheets if necessary.

Attached.

New Jersey Election Law Enforcement Commission Page 2 of 3 Form RFI Revised Sep, 2007

Please list all enclosures:

1. Allegations: Violation of 90-day rule

2. "Lodi Update" newsletter

3. Record Article: Lodi council candidate challenges whether borough newsletter is campaign material

4. Record Article: Donovan to reimburse Bergen County for latest 'Bergen Blast' newsletter

5.

6.

7.

8.

9.

10. -\

May 24, 2015 Date Signature

Date Signature

Date Signature

Note: If you have transmitted your request for an investigation via facsimile copier, please send this request for an investigation with your original signature(s) via regular mail, or other mail, or deliver in person to the Commission.

New Jersey Election Law Enforcement Commission Page 3 of 3 Form RFI Revised Sep, 2007

Allegations:

Thirteen days prior to the May 12th municipal election, Borough tax dollars were used to mail a newsletter called the "Lodi Update" to every postal customer of Lodi. The intent of the letter was to list the supposed achievements of incumbent council members who were up for reelection in less than two weeks. Most of the stories in the newsletter were not recent, some dating back eight years. A newsletter like this type hasn't been mailed out since 2008. At that time, advertisers were used to offset the costs of the mailings. When the Borough stopped mailing out the "Lodi Ledger" at that time, they cited the high cost for the mailing and the loss of advertisers.

The Record newspaper reported on the controversy of the mailing on April 30th (May 1st paper edition). I had questioned the "United for Lodi" campaign's violation of the 90 day rule, prohibiting public money to be used to promote candidates within 90 days of an election. The article contained the following, "Borough Manager Anthony Luna said that since a bill for the publication has not yet been received, no money has yet been spent on the newsletter by anyone. He also added that the borough attorney is reviewing the situation."

At the May 19, 2015 regular council meeting, I questioned: how much did the mailing cost the Lodi tax payers and when will the ""United for Lodi" campaign be reimbursing the Borough? I also questioned why Mr. Luna told the Record newspaper that nothing has been paid for yet because somebody had to pay the US Postal Service at the time of the mailing.

Borough Manager Anthony Luna said he directed a company to print and mail the publication on behalf of the Borough. He couldn't name the company but eventually said it is the company paid by Lodi to run its website. He claimed the company paid the US Postal Service on behalf of the Borough at the time of the mailing. He said he had no idea how much the newsletter cost. After more questioning, he said the mailing costs were probably around $2000 but he had no idea of the printing costs. No bills have been made available to the public yet. I stated that it is irresponsible to contract out a newsletter paid for with tax dollars and not have any idea of the costs involved.

At the same meeting, Borough Attorney Alan Spiniello said the newsletter is sent out regularly. Neither he nor anyone in the administration were able to name the last time one was mailed out. Mr. Spiniello said that in order to violate the 90 day rule, the mailing would have to be sent out to a "sufficient number of voters". He said the mailing was sent out to businesses also so he thought that made it alright. I pointed out that the mailing was sent out to every registered voter in Lodi, meeting the definition of sufficient. Mr. Spiniello said no candidate's name was mentioned in the newsletter. I read Mr. Spiniello the first sentence of the newsletter: "Mayor Bruce Masopust and the Borough Council are proud to announce that they have adopted the $17.3 million Budget for 2015 with a 0% tax increase, and have reduced their outstanding debt by $2.2 million since 1999". (Side note: the municipal budget that was adopted is $25,029,006.44. Mr. Luna always mistakes the budget and tax levy. Also, Lodis net debt has increased $10,611,272 or 90% just during the last two council terms.) Mr. Spiniello finally said that this issue is between the "United for Lodi" campaign and their campaign attorney. This administration said their campaign attorney has not looked into this matter and will not look into

it unless a complaint is filed. Nobody would name the campaign attorney.

Mr. Spiniello stated that Anthony Luna set up the mailing on behalf of the Borough. Mr. Luna is not listed as the campaign manager for the "United for Lodi" ticket but he runs every aspect of their campaign. Mr. Luna had "United for Lodi" lawn signs on all of his properties in town. Mr. Luna has sent out campaign letters in the past on behalf of United for Lodi while he was Borough Manager. He had clear political motives for his part in the newsletter.

Attached is a Record article titled, Donovan to reimburse Bergen County for latest 'Bergen Blast' newsletter. The article contained the following:

According to a memo posted on the state Election Law Enforcement Commission, the 90-day rule applies when:

The recipients of the communication are substantially made up of people who are eligible to vote in the election.

The communication refers to the governmental objectives and achievements of the candidate.

The communication is distributed with the cooperation or consent of the candidate.

"If these conditions are met the cost of producing and distributing the newsletter would constitute an in-kind contribution," wrote Commission Chairman Ronald DeFilippis.

Applying this to the Lodi Update:

Criteria #1: The mailing was sent to every registered voter of Lodi.

Criteria #2: Refer to the first sentence of the newsletter and the header listing all of the incumbents up for reelection. The terms, Mayor and Council and Borough Council are attached to the listed achievements.

Criteria #3: Mayor Bruce Masopust acknowledged at the May 19, 2015 council meeting that he was aware of mailing and what Mr. Luna was doing. An attached Record article states: Mayor Bruce Masopust, a longtime council veteran, said Thursday he was not familiar with the 90-day rule but that every administration hes served under has sent out a newsletter like the Lodi Update near the end of council terms, with the borough paying for the publications. Mayor Masopust clearly conspired with Mr. Luna on the Lodi Update. Mr. Masopust has been on the Lodi council on and off for 30 years. He is also very active with partisan politics at the County level. Why wouldnt he be aware of the 90 day rule?

Currently, the Lodi Update has not been reported by United for Lodi as an in-kind contribution.

The mailing should be paid for with campaign funds and not public money. The 90 day rule was clearly violated.

Mayor & Council Adopt Zero Municipal Tax Increase for 2015 Budget

Mayor Bruce Masopust and the Borough Council are proud to announce that they have adopted the $17. 3 million Municipal Budget for 20 15 with a 0% tax in-crease, and have reduced their outstanding debt by $2.2 million since 1999.

According to Borough Auditor Frank DiMaria, this was made possible through many changes in regards to the Borough's fiscaf spend-ing and continued revenue stability.

"Essentially, recurring revenues stayed the same," said DiMaria. "We are very

stable, and ratables have increased from redevelop-ment, which provides ad-ditional tax revenue. Most towns are happy just to maintain their base; Lodi hasn't just maintained it, they have expanded it. "

Among the changes in the Borough's fiscal spend~ ing, was the satisfactory . agreement reached with all the unions' labor contracts that have been settled with a 2% or less increase. In ad-dition, healthcare coverage

for all current Borough em-ployees' has been switched to the State's healthcare benefits, which provide bet-ter rates, and the number of fulltime borough employ-ees has been reduced with ex1stmg personnel reas-signed to cover remaining cluties.

The Department of Pub-lic Works is a prime ex-ample as they have had a reduction in force and have implemented the use of out-side contractors for land-scaping, tree trimming and cutting, and snow plowing, while existing employees are reassigned to building and grounds.

The Borough 's Shared Services Agreements with the Board of Education and the Police Department have also aided in reduced spending as costs are shared among all entities. Through these shared services Lodi has recently installed new state-of-art field turf for the High School Stadium and increased police presence again at no additional cost to the taxpayers .

"We have hired a num-ber of new police officers and have increased police presence without having to raise taxes," said Municipal Manager Anthony Luna.

Over the past three years ,

the police department has reduced five full-time po-sitions, and reassigned the duties fulfilled by those po-sitions with existing person-nel. There are currently 43 officers on the force.

Lodi Wins Suit Against Passaic Valley Over Rate Increase

After about nse ears in litigation, the Borough of Lodi has won its suit against the Passaic alley Water Commission (P C) over unfair rate increases . The court 's decision was final-ized in early 2014, and resi-dents were reimbursed an average of S400 per house-hold.

The bill increase was a result of excess charges being incurred by Passaic Valley, passed ~n to the consumers. Back into 2009, the Borough of Lodi filed suit against the PVWC in the Superior Court of New Jersey alleging that the

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PVWC breached and was in violation of the Lease Agreement regarding the Borough of Lodi municipal water system by charging water rate increases in ex-cess of the rates permitted in the Lease.

The trial, which lasted four days, found Lodi's in-terpretation of the lease to be the correct one. Passaic Val-ley subsequently appealed and the supreme court's de-cision was upheld.

"Ultimately the judge agreed with Lodi's inter-pretation of the law,'' said Borough Auditor Frank Di-Maria.

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Redevelopment Pays Big

Redevelopment continues to thrive in the Borough of Lodi. With projects including the Lodi Plaza, Shop Rite, and Quick Check already completed, focus has now turned to the next phase of projects scheduled to break ground during the summer of 2015.

Among them is redevelopment on Main Street, which includes the old Napp Chemical Site.

"These proj ects are scheduled to be breaking ground in August I Septem-

ber of this year, .. aid Municipal an-ager Anthony Luna.

Successful redevelopment plays a key role in increasing Lodi's tax base, and has contributed greatly to keeping the municipal tax rate to a $0 increase for 2015. Unlike failed attempts at redevelopment in the 90's, below are REAL, COMPLETED, and planned redevelopment projects; their contri-butions to the tax base, and the taxes they yield:

Redevelopment Pays Big Dividends!!! -

___ rerate

ividends Napp Chemical Site grants available to repair, re -construct and re-pave hundreds of miles of roads within the Bor-ough:

g Place (Hamilton Ave. - Saddle River Bridge) cGuire Place (Hamilton Ave. - Kimmig Ave.) Hamilton Avenue (Route 46 - Howard St.)

s

River Street

Bernice Place

Lorelei Terrace Arlene Grove

Annette Terrace Mary Street

Church Street (Main St. - Clark St.) Staal Lane

Pearl Street

t. Joseph's Blvd. (Davis Dr. - Christie Street)

Central Ave. (South Main St. - Grove St.)

Finally Developed

The explosion on Friday, April 21, 1995 at the Napp Chemi al plant on Main Street left that property unsightly for many years to follow. For decades cars and pedestrians had to el)dure the sight of what many refen-ed to as a "'bombed out Beirut", and recently, ugly construc-tion fencing all along the Borough 's most traveled road.

The Mayor and Council finally had enough with the bureaucrati red-tape, and succeeded in bringing all parties to the table to address this issue. Land own-ers, developers representatiYes from J DEP were all brought in, and the outcome is a tremendou win for the residents. The :\app site. along with the adjoining

abandoned Fine Organics property, will be the location of a brand new state of the art LA Fitness Center and CVS. The plans will not only satisfy much desired need for these establishments, but bring in tremendous rateables, which will off-set local property tax increases. accord-ing to Municipal Manager Anthony Luna.

"We have worked hard for our resi-dents to improve the aesthetics of the main thoroughfare through town. It's ter-rible that people had to drive down Main Street for as long as they did and look at such a deplorable site," said Mayor Bruce Masopust.

Construction is scheduled for Summer 2015.

Parents, Officials Thrilled with New School Security Program

September 2013 marked the implementation of Borough's new School Security Program, \\hich places an armed security guard in each of the Borough 's elementary schools and Middle S hool. A collaborative effort bet\ ee1i the Municipal Coun-cil, Board of Education, and the Borough Police Department, the School Securi Program is staffed b retired local and state police offi rs seIYing as school security guard . This al-lows the program to run without reducing the number of officers urrently patrolling our neigh-

borhoods. The Borough and the Board of Education share the cost of the program jointly, un-der the authority of ew Jersey State shared-service statutes .

According to Municipal Manager Anthony Luna, parents are thrill d with the new school

security program, which was the first in Bergen County. The mere presence of the officers has provided an increased sense of safety to the school build-ings and grounds, and many of Lodi 's neighboring towns have subsequently followed its lead by activating their school secu-rity programs.

The officers currently serv-ing, which include a retired po-lice chief, are all recently retired from active law enforcement, and are trained in active school shooter responses, bomb threats and threat assessments.

The Borough Council is ex-tremely proud of this program; considering it one of the Bor-ough's most significant accom-plishments thus far, because it provides protection for the Bor-ough's most valuable assets; the children.

2015 Borough of Lodi Recycling Schedule Re(~~;)~~:~~~ns? Recycling Schedule Wednesday Wednesday

., "'"' &Tin Magazines ~ . ., Bottles&Jars Cardboard All P1astic8ott1es Newspapers

(No Motor Oil Sottfes) May 6th & 20th 13th & 27th June 3rd & 17th 10th & 24th July 1st&15th 8th & 22nd

August 5th & 19th 12th & 26th September 2nd & 16th 9th &23rd

October 7th&21st 14th & 28th November 4th & 18th 11th & 25th December 2nd, 16th & 30th 9th &2_3rd

There will be NO Recycling Pick-Up on: July 29th and September 30th

There will be NO Regular Garbage Pick Up on: May 25th, September 7th,

November 26th & December 25th

ALL RECYCLING AND GARBAGE MUST BE PLACED CURB-SIDE AFTER 6PM, ON THE

NIGHT BEFORE SCHEDULED PICK UP, REGARDLESS OF THE WEATHER.

ALL GARBAGE MUST BE PLACED IN GARBAGE CANS OR HEAVY DUTY PLASTIC BAGS ONLY.

P[EASE NOTE:

Magazines, Cardboard & Newspaper: Includes glossy junk mail and brown paper bags. CARDBOARD MUST BE FLAT AND TIED. Glass & Plastic: All glass and plastic bottles should be recycled. Place in rigid containers, NOT IN PLASTIC BAGS. Plastic Items such as flower pots and garbage pails are not recyclable. Please call the DPW at (973) 365-4068 for directions on how to dispose of t~ese items. Grass, Leaves & Yard Waste: Will be picked up from the first week in April until the last week in December ON YOUR RECYCLING DAY ONLY. Grass-can be mixed with yard waste and tree trimmings and placed in rigid containers, NOT IN PLASTIC BAGS. Tree branches not exceeding three feet in length and four inches in diameter must be bundled and tied. Household Batteries: Rechargeable and button cell batteries may be dropped off at the DPW Recycling Center on Saturdays ONLY between the hours of 8:00 a.m. and 12 noon. Alkaline batteries may be put in the regular garbage. The following items are NOT recyclable and cannot be placed at the curb without first contacting the DPW at (973) 365-4068: . Metal or White Goods: This includes refrigerators, (doors removed), washing machines, dryers, stoves, dishwashers, air conditioners, and hot water heaters. BEFORE A HOT WATER HEATER CAN BE PICKED UP, YOU MUST FIRST OBTAIN A PLUMBING PERMIT FROM THE LODI INSPECTION DEPARTMENT (973) 859-7410. Tires: Will only be accepted at the DPW Recycling Center on Saturday, October 3rd between 8am and 12pm. Tires CANNOT be picked up with the regular garbage. Electronics, Computers, and Televisions, etc.: May only be recycled at the DPW Recycling Center. You CANNOT leave these items curbside. LEAF BAGS will be distributed from October 5th to December 12th, fr~~ of charge at Borough Hall, Room 103, between 8:30 am and 4:00 pm, Monday through Friday and at the DPW Recycling Center on Saturdays, between 8:00 am and 12:00 pm (Limit 10 per family) CHRISTMAS TREES will ONLY be picked up on your recycling day during the MONTH OF JANUARY.

SUMMONSES WILL BE ISSUED TO VEHICLES PARKED OVERNIGHT WITHOUT A BOROUGH ISSUED PARKING STICKER & TO ANYONE THROWING SNOW IN THE STREET DURING SNOW REMOVAL.

Lodi council candidate challenges whether borough newsletter is campaign material April 30, 2015, 5:47 PM Last updated: Thursday, April 30, 2015, 7:37 PM BY JOHN SEASLY STAFF WRITER | THE RECORD

Print

Screenshot of newsletter in question.

LODI A council candidate is challenging a borough newsletter that praises the accomplishments of the mayor and council all up for reelection May 12 as a potential violation of state election law.

Council candidate Ryan Curioni argues that Lodi Update, which is subtitled A Newsletter From the Borough of Lodi and bears the borough seal, appears to fall under the state Election Law Enforcement Commissions 90-day rule. The rule says that if a communication within that time span before an election is government-funded, it must be disclosed as an in-kind contribution to the candidates mentioned.

Borough Manager Anthony Luna said that since a bill for the publication has not yet been received, no money has yet been spent on the newsletter by anyone. He also added that the borough attorney is reviewing the situation.

As of Thursday, it was unclear who will pay for the publication.

Curioni, one of two challengers in the election, sent Luna an email Wednesday, stating he was considering filing a complaint with NJELEC. Curioni also said that he assumed that taxpayer dollars had financed the newsletter.

Luna said the newsletter is normally distributed every four years by the mayor and council near the end of their terms. The recent Lodi Update contains articles about the 2015 budget, redevelopment efforts, a school security program and a lawsuit against the Passaic Valley Water Commission.

Mayor Bruce Masopust, a longtime council veteran, said Thursday he was not familiar with the 90-day rule but that every administration hes served under has sent out a newsletter like the Lodi Update near the end of council terms, with the borough paying for the publications.

Curioni said Thursday that It was a desperate attempt before the election, and they should pay for it themselves.

The 90-day rule takes effect when a communication is made within 90 days of the election, is distributed primarily to those eligible to vote in the election, refers to the governmental objectives or achievements of the candidates and is done with the consent or cooperation of the candidates.

The NJELEC can investigate whether public funds are used for such communications, but is not authorized to rule on the legality of the situation, spokesman Joe Donohue said.

If theres public funds used, thats not up to us. Thats up to a local prosecutor to decide what has to be done about that, Donohue said.

If a candidate fails to report such a publication as an in-kind contribution, the commission can impose a fine of up to $7,600 per violation. However that rarely occurs, Donohue said. More likely what happens is that the candidates cooperate and attempt to remedy the situation themselves.

Bergen County Executive Kathleen Donovan faced a similar situation running for reelection last year, when a quarterly newsletter featuring her came under scrutiny.

Her administration pulled the remaining 7,500 copies of the Bergen Blast newsletter, removed it from the Internet and reimbursed the county $878 for expenses.

Email: seasly@northjersey.com

Donovan to reimburse Bergen County for latest 'Bergen Blast' newsletter September 26, 2014, 5:46 PM Last updated: Friday, September 26, 2014, 6:47 PM BY JOHN C. ENSSLIN STAFF WRITER | THE RECORD

Print

Carmine Galasso / Staff Photographer/file photo Bergen County Executive Kathleen Donovan.

Bergen County Executive Kathleen Donovan, who is running for reelection, has agreed to personally reimburse the county $878 for the latest edition of a quarterly newsletter that features her in several stories.

The county's attorneys determined that the newsletter may violate a state rule prohibiting such publications within 90-days of an election.

The newsletter, called Bergen Blast contains reports about Donovans participation in activities, including "Bark in the Park" at Overpeck County Park. It was distributed earlier this week from a table at the county's annual senior picnic in Paramus.

Jeanne Baratta, the chief of staff for Donovan, a Republican, said Friday the administration decided to pull the remaining 7,500 copies and remove the publication from the website after consulting with the County Counsel's office.

That action did not go far enough, according to officials of the Democratic Committee of Bergen County.

Committee Executive Director Derek Sands said that Donovan should also reimburse the county for the staff time devoted to producing the newsletter as well as for an earlier edition of the Bergen Blast that was distributed at the Rutherford Street Fair on Sept. 1, Labor Day.

Sand said distribution of that edition fell within the 90-day window during which elected officials are not allowed to distribute materials printed at public expense. The election is on Nov. 4.

Donovan, who is running for a second term, is opposed by Freeholder James Tedesco, a Democrat.

According to a memo posted on the state Election Law Enforcement Commission, the 90-day rule applies when:

The recipients of the communication are substantially made up of people who are eligible to vote in the election.

The communication refers to the governmental objectives and achievements of the candidate.

The communication is distributed with the cooperation or consent of the candidate.

"If these conditions are met the cost of producing and distributing the newsletter would constitute an in-kind contribution," wrote Commission Chairman Ronald DeFilippis.

Baratta said the intent behind the newsletter was governmental, not political. She said it has been distributed quarterly for the last three years to town halls, libraries and senior centers, and at county events.

"We're going on the side of caution and pulling it back," Baratta said.

"We don't see it as a campaign piece, which is why the Donovan campaign is not paying for it and why the County Executive is paying out of her own pocket," she added.

As for the Democrats' call for reimbursing the staff time devoted to the newsletter, Baratta said the content of the newsletter is taken from press releases that staff would be producing anyway.

As for the copies distributed on Labor Day in Rutherford, Baratta said that edition was printed in the spring, well before the 90-day period.

Sands said Baratta's explanations do not excuse what was done.

"I can't believe the county newsletter is being used as political propaganda," he said.

"There's a lot that goes into this," he added. "It's not just compiling information on events that she's done."

Sands said the 90-day rule applies to when the newsletters were distributed, not just when they were printed.

Email: ensslin@northjersey.com

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