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Contacts| Orange City Council Violates Citizen's Civil Rights. |
Tuesday, September 25, 2007
BY KEVIN C. DILWORTH
Star-Ledger Staff
BY KEVIN C. DILWORTH
Star-Ledger Staff
The
arrest of a man who held up a small sign during an Orange City Council
meeting last week is a classic example of a First Amendment rights
violation, according to two attorneys who said they plan to represent
the individual.
Following
the City Hall arrest of Orange resident Jeffrey M. Conway, trial
attorneys Kevin M. Costello of Cherry Hill, and Patricia Weston Rivera
of Orange, said they will argue their client was unfairly treated,
selectively targeted, never told his rights and denied initial access
to legal representation.
"My view is that the police were waiting to make an example of somebody," Costello said.
[The Responsible Citizens For Orange have since confirmed, through several reliable sources, that Civilian Police Director Aric Webster, held a staff meeting the day before in which he made it very clear that there should be an arrest, and an example made, of a protesting citizen. - Responsible Citizens For Orange]
The contentious Sept. 18 meeting drew supporters and opponents of Mayor Mims Hackett Jr., who was arrested earlier this month in a federal sting operation. Some residents wore orange T- shirts supporting the mayor while others held up small signs calling on Hackett to resign.
Conway, 46, a Irving Terrace resident and critic of Hackett Jr., is a member of the Responsible Citizens for Orange homeowner watch dog group and that group's offshoot, the Committee to Recall Mims Hackett Jr.
Conway is awaiting an Oct. 18 court date. Rivera, a member of the same citizens group and recall effort, and who also silently protested by holding up a small sign at last Tuesday night's council meeting, already has requested a change of venue for Conway.
"At no time, while I was in custody, did they tell me what I was being charged with," Conway said of his arrest.
"I asked specifically, in the presence of an attorney, to know my rights," complained Conway, referring to lawyer Karen M. Davidson, who initially came to his assistance.
One of the arresting officers responded by saying, "You have the right to remain silent, now shut up," Conway said.
"He (the officer) put me in the police car, shut the door, walked around to the driver's side, and cranked up the radio to some hip-hop music, full blast, so that I could not hear anything that was going on, and so that I was not able to communicate with the attorney," Conway said.
While at police headquarters on North Park Street, Conway said, the police "questioned me without an attorney," Conway said.
City council President Lisa Perkins ordered uniformed police officers Hector Rosado and David Fanfan, two of several law enforcement officers assigned to cover the meeting, to physically remove Conway from the city council chambers.
Perkins said at the time she found Conway's holding up a sign to be distracting, and because she had once already told him to put down the piece of paper.
[Perkins stopped the Council proceedings for a lengthy denunciation of press coverage unfavorable to Mayor Mims Hackett, Jr. and the City of Orange. She reaffirmed her support of the Mayor despite his arrest by the FBI on bribery charges.
In a separate civil action filed against the Mayor last week, Hackett is accused of violations of campaign election laws, including the use of city facilities, city employees, and various unreported and illegal sources of funding in support of Lisa Perkin's campaign for City Council. - Responsible Citizens For Orange]
No one else complained about Conway's holding up the piece of paper, as he sat in the back of the city council chambers.
Conway and Rivera were, in fact, just two of about 10 people who also sat quietly in the audience and held onto similar pieces of paper that carried messages such as, "Resign! Resign! Resign!," "Crooks and Liars," and "Once a Felon, Always a Felon."
At the same meeting, there also were an equal number of Hackett supporters, including part-time city public works employee William Hathaway, who wore large orange-colored tee-shirts emblazoned with the words, "Don't believe the lies! Say no to the lies and falsehoods. Continued progress with Mayor Mims Hackett."
As Conway was being escorted out the council chambers and neared the exit door, he looked at Hackett on the dais, and bellowed out, "Go to jail, you bum."
That was the only time Conway made a verbal comment during the meeting.
Rosado, who signed the official complaint against Conway, accused him of purposely disrupting "the city council meeting by refusing to be 'quite' (quiet), after being told several times to do so."
[Reliable sources state that the final decision to process the arrest, and to place Jeff Conway in a holding cell, came directly from Civilian Police Director, Eric Webster - Responsible Citizens For Orange]
City attorney Marvin Braker referred all inquiries about Conway's arrest to Police Director Aric Webster.
However, Webster, who attended the meeting and sat adjacent to Conway in the rear of the room, declined to return a phone call and speak to a Star-Ledger reporter about the incident.
Webster instead issued a terse statement, explaining Conway was arrested and charged "with one count of disorderly conduct for disrupting a public meeting."
The whole scenario leading to Conway's removal from the city council chambers, at the order of council president Perkins, and then Conway's subsequent arrest, by police, is suspect, Rivera said.
"We were never told we could not hold signs," Rivera said. "There are no rules that say you cannot have small signs."
Orange City Council meetings are public forums, and as such, "you have the right to make statements of dissent," Rivera said. "The Supreme Court has said that. Jeff's freedom of speech was violated, and his First Amendment Rights were violated. He was denied the right to an attorney, and he was thrown into a jail cell."
Aric Webster must step down as Police Director
"My view is that the police were waiting to make an example of somebody," Costello said.
[The Responsible Citizens For Orange have since confirmed, through several reliable sources, that Civilian Police Director Aric Webster, held a staff meeting the day before in which he made it very clear that there should be an arrest, and an example made, of a protesting citizen. - Responsible Citizens For Orange]
The contentious Sept. 18 meeting drew supporters and opponents of Mayor Mims Hackett Jr., who was arrested earlier this month in a federal sting operation. Some residents wore orange T- shirts supporting the mayor while others held up small signs calling on Hackett to resign.
Conway, 46, a Irving Terrace resident and critic of Hackett Jr., is a member of the Responsible Citizens for Orange homeowner watch dog group and that group's offshoot, the Committee to Recall Mims Hackett Jr.
Conway is awaiting an Oct. 18 court date. Rivera, a member of the same citizens group and recall effort, and who also silently protested by holding up a small sign at last Tuesday night's council meeting, already has requested a change of venue for Conway.
"At no time, while I was in custody, did they tell me what I was being charged with," Conway said of his arrest.
"I asked specifically, in the presence of an attorney, to know my rights," complained Conway, referring to lawyer Karen M. Davidson, who initially came to his assistance.
One of the arresting officers responded by saying, "You have the right to remain silent, now shut up," Conway said.
"He (the officer) put me in the police car, shut the door, walked around to the driver's side, and cranked up the radio to some hip-hop music, full blast, so that I could not hear anything that was going on, and so that I was not able to communicate with the attorney," Conway said.
While at police headquarters on North Park Street, Conway said, the police "questioned me without an attorney," Conway said.
City council President Lisa Perkins ordered uniformed police officers Hector Rosado and David Fanfan, two of several law enforcement officers assigned to cover the meeting, to physically remove Conway from the city council chambers.
Perkins said at the time she found Conway's holding up a sign to be distracting, and because she had once already told him to put down the piece of paper.
[Perkins stopped the Council proceedings for a lengthy denunciation of press coverage unfavorable to Mayor Mims Hackett, Jr. and the City of Orange. She reaffirmed her support of the Mayor despite his arrest by the FBI on bribery charges.
In a separate civil action filed against the Mayor last week, Hackett is accused of violations of campaign election laws, including the use of city facilities, city employees, and various unreported and illegal sources of funding in support of Lisa Perkin's campaign for City Council. - Responsible Citizens For Orange]
No one else complained about Conway's holding up the piece of paper, as he sat in the back of the city council chambers.
Conway and Rivera were, in fact, just two of about 10 people who also sat quietly in the audience and held onto similar pieces of paper that carried messages such as, "Resign! Resign! Resign!," "Crooks and Liars," and "Once a Felon, Always a Felon."
At the same meeting, there also were an equal number of Hackett supporters, including part-time city public works employee William Hathaway, who wore large orange-colored tee-shirts emblazoned with the words, "Don't believe the lies! Say no to the lies and falsehoods. Continued progress with Mayor Mims Hackett."
As Conway was being escorted out the council chambers and neared the exit door, he looked at Hackett on the dais, and bellowed out, "Go to jail, you bum."
That was the only time Conway made a verbal comment during the meeting.
Rosado, who signed the official complaint against Conway, accused him of purposely disrupting "the city council meeting by refusing to be 'quite' (quiet), after being told several times to do so."
[Reliable sources state that the final decision to process the arrest, and to place Jeff Conway in a holding cell, came directly from Civilian Police Director, Eric Webster - Responsible Citizens For Orange]
City attorney Marvin Braker referred all inquiries about Conway's arrest to Police Director Aric Webster.
However, Webster, who attended the meeting and sat adjacent to Conway in the rear of the room, declined to return a phone call and speak to a Star-Ledger reporter about the incident.
Webster instead issued a terse statement, explaining Conway was arrested and charged "with one count of disorderly conduct for disrupting a public meeting."
The whole scenario leading to Conway's removal from the city council chambers, at the order of council president Perkins, and then Conway's subsequent arrest, by police, is suspect, Rivera said.
"We were never told we could not hold signs," Rivera said. "There are no rules that say you cannot have small signs."
Orange City Council meetings are public forums, and as such, "you have the right to make statements of dissent," Rivera said. "The Supreme Court has said that. Jeff's freedom of speech was violated, and his First Amendment Rights were violated. He was denied the right to an attorney, and he was thrown into a jail cell."
Aric Webster must step down as Police Director
The
misuse of the Orange Police Department for political purposes, as
demonstrated by the actions of Council President, Lisa Perkins,
and Civilian Police Director, Aric Webster, in the arrest of Jeff
Conway, will undoubtedly result in another lawsuit against the City of
Orange - for which the long suffering taxpayers of Orange will have to
pay.
The State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice, has made it abundantly clear that the position of Civilian Police Director lacks the appropriate authority to directly supervise police activities. Yet Aric Webster held a police staff meeting the day before the Council meeting in which he made it very clear that there was to be an arrest, and an example made, of a protesting citizen.
The blatant and arrogant disregard of correct police procedures by the arresting officer (in the presence and under the influence of Webster) and the subsequent lack of police supervisory responsibility and intervention to stop this travesty of justice, demonstrates the inappropriate control of the Civilian Police Director, Aric Webster, over the operations of the Orange Police Department.
We have stated before that the Orange City Council is dysfunctional with the intended checks and balances of power between the Mayor and City Council dissolved by the Mayor’s control and manipulation. The same can be said for the Orange Police Department and the position of Civilian Police Director.
Aric Webster clearly owes his allegiance, not to the principles of good law enforcement and the protection of the rights and property of the citizens of Orange, but to the political considerations and protection of Mayor Hackett.
Aric Webster must step down as Police Director.
The State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice, has made it abundantly clear that the position of Civilian Police Director lacks the appropriate authority to directly supervise police activities. Yet Aric Webster held a police staff meeting the day before the Council meeting in which he made it very clear that there was to be an arrest, and an example made, of a protesting citizen.
The blatant and arrogant disregard of correct police procedures by the arresting officer (in the presence and under the influence of Webster) and the subsequent lack of police supervisory responsibility and intervention to stop this travesty of justice, demonstrates the inappropriate control of the Civilian Police Director, Aric Webster, over the operations of the Orange Police Department.
We have stated before that the Orange City Council is dysfunctional with the intended checks and balances of power between the Mayor and City Council dissolved by the Mayor’s control and manipulation. The same can be said for the Orange Police Department and the position of Civilian Police Director.
Aric Webster clearly owes his allegiance, not to the principles of good law enforcement and the protection of the rights and property of the citizens of Orange, but to the political considerations and protection of Mayor Hackett.
Aric Webster must step down as Police Director.
Some residents wore orange T- shirts supporting the mayor while others held up small signs calling on Hackett to resign. City council President Lisa Perkins ordered sign holding Jeff Conway out of the council chambers where he was arrested. Perkins said she found Conway's holding up a sign to be distracting and suggested that anti-Mims protesters ware T-shirts instead.
"There's a rumor going around that Robert Corrado, Orange's public works director, purchased those orange-colored Hackett "Don't believe the lies!" support tee-shirts, and got a Lincoln Avenue business to make them up so he could distribute them to :Hackett supporters, including folks from Newark and other places outside Orange", said a knowledgable source at the meeting.
- Mims Hackett’s actions have already cost Orange taxpayers millions of dollars in lawsuit settlement costs. Friends and relatives of the Mayor in low or no show jobs have cost taxpayers hundreds of thousands of dollars a year, and denied job opportunities for more qualified Orange residents!
- Mims Hackett expertly works the double dipping and multiple job (and
pension) loopholes to squeeze every extra dollar he can from
taxpayers.
- Mayor Hackett uses questionable receipts and bogus expenses to take additional thousands of dollars a year from taxpayers!
- The Mayor and his appointee’s steer contracts and city
business to benefit their friends and political
cronies.
The Mayor has gotten away with this behavior for years
because he is a charming and likable man. Most citizens are unaware or too
trusting to object. Hardworking employees of
Orange taxpayers are struggling with a $50 million dollar annual municipal budget - but this is only the tip of the iceberg. The City has survived for years on grants and subsidies. Our schools have been getting a free ride to the tune of $67 million, along with an additional $13 million in additional State Aid last year alone.
The Orange fiscal crisis that Mayor Hackett refuses to face is
the fact the
There is currently $250 million in Orange redevelopment investment plans in various stages of planning - not because of Mayor Mims Hackett’s charm or vision of the future, but because of the location, transportation and availability of redevelopment sites in our city. Redevelopment can enhance the tax base and provide jobs for Orange residents or the benefits can be squandered away in political graft, mismanagement and corruption.
Democracy is not easy; it is not a spectator sport. Please join us in this effort for ourselves, our neighbors and the future of our city. We are all responsible for insuring that our “public servants” (whether elected, appointed, or hired) act ethically, exercise fiscal responsibility, operate in a politically transparent manner, and work in the best interest of all citizens.
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