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Sponsor:____Marsh

Second:____ Mello

HOBOKEN CITY COUNCIL


RESOLUTION NO.:_____________

RESOLUTION AUTHORIZING SPECIFIC ACTIONS RELATING TO A FOR


CAUSE REMOVAL OF COUNCILMAN MICHAEL RUSSO FROM HIS
COUNCIL APPOINTED POSITION OF COMMISSIONER OF THE HOBOKEN
HOUSING AUTHORITY

WHEREAS, the Council of the City of Hoboken is entitled to remove a City


Council appointed commissioner of the Hoboken Housing Authority for
inefficiency, neglect of duty, or misconduct in office, pursuant to N.J.S.A.
40A:12A-17(e); and,

WHEREAS, prerequisites to removal include allowing the Commissioner


an opportunity to be heard in person or through counsel prior to removal, and
providing the Commissioner with a copy of the charges ten (10) days prior to the
hearing; and,

WHEREAS, the City Council has appointing authority for the Hoboken
Housing Authority, and Councilman Michael Russo was appointed as a
Commissioner by the City Council; and,

WHEREAS, Commissioner Michael Russo stated in his conversations


with Dwek that he had facilitated the appointment of an HHA commissioner and
SURYLGHGDVVLVWDQFHZLWKVDLGFRPPLVVLRQHU¶VSHUVRQDOUHQW and as a result, he
felt entitled to and explicitly demanded WKDW FRPPLVVLRQHU¶V SROLWLFDO VXSSRUW
GHVFULELQJWKLVUHODWLRQVKLSDV³,GRIRU\RX\RXGRIRUPH´: and,

WHEREAS, Councilman Michael Russo also discussed expediting zoning


applications in return for illegal political donations; and,

WHEREAS, Commissioner Michael Russo further admitted that his


actions GXULQJ KLV PHHWLQJ ZLWK 'ZHN ³constitute conduct unbecoming of a
member of the City Council´E\YRWLQJLQIDYRURIWKH&LW\&RXQFLO¶V5HVROXWLRQ$
at the April 6, 2011 Hoboken City Council meeting; and,

WHEREAS, the City Council hereby seeks to remove Michael Russo from
the position of Commissioner of the Hoboken Housing Authority; and,

WHEREAS, the City Council hereby orders Michael Russo be served with
charges for (1) conduct unbecoming a commissioner of the Hoboken Housing
Authority, (2) misconduct in office relating to the position of commissioner of the
Hoboken Housing Authority, and (3) inefficiency and neglect of duty relating to
the position of commissioner of the Hoboken Housing Authority; and,

WHEREAS, the City Council directs a hearing be scheduled for Monday,


May 2, 2011 at 7:00pm in Council Chambers; and,

WHEREAS, the City Council directs Corporation Counsel to (1) obtain the
services of a former New Jersey Judge or Justice (in good standing), to preside
as hearing officer over the removal hearing and provide the City Council with a
recommendation on removal, including findings of fact and conclusions of law,
within forty-eight (48) hours of the hearing, and (2) obtain the services of a New
Jersey licensed attorney to prosecute the herein referenced charges on behalf of
the City Council, and (3) obtain the services of a certified court reporter to
transcribe the hearing contemporaneous to the hearing.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of


Hoboken that:

1. The City Council hereby authorizes the filing of the above described
charges against Councilman Michael Russo relating to his Council
appointed position as Commissioner of the Hoboken Housing
Authority; and,
2. The City Council hereby directs a hearing be set for Monday, May
2, 2011 at 7:00 p.m. in Council chambers; and,
3. The City Council hereby directs a hearing officer be appointed to
act on behalf of the City Council and provide the City Council with a
factually and legally detailed recommendation concerning removal
of Councilman Michael Russo as commissioner of the Hoboken
Housing Authority; and,
4. The City Council hereby directs a prosecutor be appointed to
prosecute the charges, herein authorized, at the hearing referenced
hereto; and,
5. The City Council hereby directs the hearing be transcribed by a
certified transcriptionist contemporaneous to the hearing.

BE IT FURTHER RESOLVED, that the City Clerk transmits a certified


copy of this Resolution to the Office of Corporation Counsel for action in
conformity herewith; and,

BE IT FURTHER RESOLVED, that this resolution shall become effective


immediately.

Meeting Date: April 20, 2011 APPROVED AS TO FORM:

______________________________
Corporation Counsel