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Date: 2004/09/10 Friday Page: 031 Section: ESSEX Edition: WEST Size: 796 words

Correction: This story in which former Orange Councilman-at-large Allen Barnhardt and Mayor Mims Hackett Jr. denied they planned ahead for Barnhardt to resign his political post Aug. 31 to accept a full- time paid position as Orange's civilian fire director incorrectly described Councilwoman Barbara Peters' thoughts about the move. Peters said she did not believe them.

Orange councilman awaits fire director's post Barnhardt resigns to take new job as one colleague claims deception

By KEVIN C. DILWORTH
STAR-LEDGER STAFF

Orange Councilman-at-large Allen Barnhardt has resigned his seat in anticipation of being named the city's acting civilian fire director.

"I'm really excited about the job," Barnhardt said yesterday about his new post. "I'm looking forward to enhancing our fire department, both with my political expertise and with my practical experience, as a former firefighter of 12 1/2 years."

Barnhardt, a former East Orange firefighter who retired after suffering a dislocated hip in 1991, is waiting for his former Orange City Council colleagues to confirm his appointment Sept. 21.

Meanwhile, some council members and community activists are questioning the timing of the resignation and appointment. City Councilwoman Barbara Peters said Barnhardt deceived voters by running for re- election when he knew the fire job would be offered to him. She also charged Mayor Mims Hackett Jr. devised the whole plan.

"I resigned because the mayor asked me to be the fire director and serve in his administration," Barnhardt said. "I go before the council for confirmation on the 21st of September, and in the meantime, I'll be serving in an acting capacity."

Both Barnhardt and Hackett insisted that absolutely no discussion about the long-vacant civilian fire director's position took place until after this year's July 1 swearing-in ceremony.

Barnhardt, along with fellow at-large council candidates Vivian Gaunt and Coram Rimes, won re- election during the city's nonpartisan May 11 political contest. Barnhardt's resignation took effect Aug. 31, the same day he tendered it to the Orange City Clerk's Office.

"That's when we got the communication," said Gaunt, the city council president.
Barnhardt, a Vietnam veteran who has fire safety experience as well as disaster and emergency management response training, is a natural choice to serve as Orange's fire director, Hackett said.

"He's always trying to be part of whatever it takes to make things better, especially in Orange," Hackett said.

This past Tuesday night, a majority of the city council approved the appointment of community activist Anthony Williams as Barnhardt's replacement. The Fuller Terrace resident, employed as a central office technician for Verizon in Newark, will serve as acting councilman at large until the Nov. 2 general election.

Orange's last full-time civilian fire director was Frank Gallagher, whom Hackett did not renominate on July 1, 2000. That was the day Hackett began his second four-year term in office. Gallagher had been serving as Orange's acting fire director for four years, on a part-time basis.

Orange Deputy Fire Chief Marty DeMarzo has spent the past four years responding to media inquiries about fire-related public safety events and issues.

"Marty DeMarzo is a very good administrator, but we needed someone in a managerial position," said Hackett, while explaining that neither DeMarzo nor any of the city's other deputy fire chiefs is allowed to hold dual uniformed personnel and civilian supervisory posts.

State Department of Personnel rules on pension benefits prohibit that, unless an individual gives up his or her civil service job and waits at least six months to accept a civilian police or fire supervisory post, Hackett said.

Gaunt said she could not predict if a majority of the city council will support Barnhardt's nomination as full-time fire director.

"I have one vote," she said, without indicating whether she will vote yes or no on Sept. 21. "I can't speak for the rest of the council, as to what they are going to do."

Barnhardt said, "Those are my colleagues. I have faith in the city fathers to support me. I don't feel any other way."

Peters said on she sent everyone on the governing body a memorandum May 14 predicting Hackett would nominate Barnhardt as the city's civilian fire director after July 1.

"I feel a fraud was committed on the citizens of Orange," Peters said. "When Allen Barnhardt ran for council-at-large in May, he had already been after the position of fire director, for at least a year-and-a-half."

In the city's May 11 race, Gaunt won re-election with 1,609 votes, Barnhardt with 1,410 votes and Rimes with 1,238 votes.

The three incumbents fended off challenges from candidates Carolyn Brown-Lee, who garnered 708 votes, Gloria Stewart with 654, Davis Hannah with 625; Paula Desormes with 585, Michael Rivera with 547 and Daryl Harrington with 534. _____________________________________________________________________________________________ Kevin C. Dilworth covers Orange. He can be reached at kdil worth@starledger.com or (973) 392-4143.