BREAKING NEWS!!!!!


Former City Commissioner Joseph Sooy hand delivered the following petition to Superior Court Judge Cimino today (April 23, 2018) at 11:30 A.M.


Petition for Investigation of Millville City Commission, Cumberland County
April 20, 2018

Pursuant to the provisions of NJSA 40A:5-22 the undersigned, all freeholders who have within one (1) year paid, and are currently paying taxes in the City of Millville, hereby petition a Judge of the Superior Court to initiate a summary investigation into the affairs of the City of Millville and to appoint an expert or experts to prosecute such investigation. The undersigned have reason to believe that the tax moneys of Millville are being and have been unlawfully and corruptly expended.

The undersigned contend that the following acts, among others unknown that may be discovered in an investigation, were unlawful and corrupt:
I
Mayor Santiago, acting ultra vires and usurping the authority of Commissioner Udalavos, the Director of Public Affairs, and the other Commissioners did unilaterally attempt to enter into an oral contract for over $1million dollars on behalf of the City to demolish a privately owned structure: 109 East Main Street. n.1

The money was not appropriated, and there was no certification of funds, inter alia, as required by law. The job was neither advertised nor bid, nor was more than one proposal solicited contrary to NJSA 40A:11-4 of the local public contracts law. The guise was that it was an emergency and immediate demolition was required, but more than three weeks have gone by and demolition has not occurred that being ample time to solicit bids.

Santiago, again unilaterally and without bids or other cost quotes, engaged engineers to examine the building: work for which no money had been appropriated.

Santiago presumed to command and direct the other commissioners and all city employees not to speak about the process; another ultra vires directive exceeding his authority.

The local budget law is replete with provisions addressing “emergencies”. All are designed to safeguard against fraud, favoritism and waste. cf. NJSA40A:4-46 et. seq.

The actions of Santiago, the other Commissioners and the actions of the Solicitor, Chief Financial Officer, Municipal Administrator/Purchasing Agent and City Clerk have individually and collectively violated the above cited statutes as well as; NJSA 40A:4-48, 54, 55.3, 56 and 57 et. als. which void ultra vires contracts. 


n.1 The City of Millville is incorporated under the Walsh Act, i.e. the “Commission” form of municipal government. Under that form the Mayor has no more authority than the other commissioners except to preside over meetings and make certain appointments. Each commissioner is responsible for and has full executive authority over the functions assigned to his/her department. Responsibility for code enforcement resides with the Director of Public Affairs, Commissioner Udalavos.




Comments

Millville Insider said…
This case is scheduled to be heard on June 26, 2018 at 1:30 pm at the courthouse in Bridgeton. The hearing is open to the public. Attend the proceedings and get involve in your local government.
June 25, 2018 at 1:32 AM
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