Legality Question Over Police Chief’s Contract
By JOANNE L. PAPAIANNI
Bradley Beach residents and police officers rallied around their police chief this week after a question arose about the legality of an employment contract between him and former mayor Steve Schueler.
On June 16, two weeks before Schueler left office, a contract was signed between the mayor and Police Chief Leonard Guida. The 14-page contract details Guidas employment for January of this year through December 2010. The contract calls for a $104,000 salary this year rising to $114,000 in 2010 and a longevity compensation of 12 percent of his annual base salary.
At this weeks Borough Council meeting an item on the meetings agenda called for the contract to be revoked. Mayor Julie Schreck, who asked that the item be placed on the agenda said, however, the word revoked was not correct. She said she just wanted to be sure the contract was a legal one and placing the resolution on the agenda was a procedural move.
The resolution, which eventually was tabled in a four to one vote, called for the contract to be declared without legal force.
Schreck cast the dissenting vote.
Councilwoman Lori Marchak-Ortiz asked why the vote was necessary when as a council member she had never been asked to vote on a contract before. She said taking a vote on the contract could possibly negate other borough contracts now on file.
Councilman Gary Engelstad agreed.
In the four years since Ive been here, Ive never voted on a contract, he said.
Borough Attorney Patrick Diegnan said, in his opinion, the contract would not hold up in a court of law if challenged because however, said the boroughs past attorney Michael Dupont considered past contracts legal.
The dispute appears to revolve around the fact that Bradley Beach has a strong mayor form of government.
Police Officer James Arnold, who is the departments representative to the Police Benevolent Association, read an impassioned plea to council to not do anything to jeopardize Guidas position as chief.
Arnold said members of the department were deeply concerned and that it was in poor taste to discuss the chiefs employment in a public forum.
Arnold said past practices in the borough have alleviated the need for labor mediators, saving tremendous amounts of money on labor fees.
The letter was signed by the boroughs officers, many of whom attended the meeting.
Schreck repeatedly said that the vote regarding the contract did not in any way reflect on the chiefs job performance.
Arnold, however, said just having it on the agenda as a vote to revoke the chiefs contract would leave the impression in the publics minds that the chief had done something wrong.
Both Schreck and Diegnan assured those in attendance that the move was simply a procedural one.
Its no reflection on the chief, Schreck said. We are trying to do things according to a lawful process.
Resident Kim Sullivan supported the process.
If the contract will not hold water in court, we need a legal contract, she said. This is not singling out our chief.
Schreck said she was elected as a change agent.
I promised the people of this town to do everything according to the law and out in the open, she said. When should I begin?
In order for the council to be bound by this contract, there has to be some action taken, Diegnan said. No individual can bind the council as a whole and the citizens of Bradley Beach.
Diegnan said he was basing his opinion on state law and said as it stands it is not a binding contract, but a proposed contract.
Marchak-Ortiz said she wanted time to compare Guidas contract to retired chief Robert DeNardos.
Norma Bishkoff, Madison Avenue, said referring to Schueler, He acted in good faith as mayor of Bradley Beach on June 16.
Council also voted to introduce a new litter and brush ordinance reducing the time frame for the pick up of leaves and brush from residents homes.
Schreck said the ordinance will save on labor and fuel costs, as well as improve the towns appearance.
The town is never fully cleaned, she said regarding the current law.
Council discussed sending literature regarding the changes in the next tax bills.
John Amico, representing a 16 unit condominium complex on Brinley Avenue, asked council for some relief on police fees while a sewer line in front of the complex is repaired.
Amico said he would have to hire a police officer to keep the street closed.
The cost of an officer, who would have to work overtime, would be $300 to $500.
We are not some big company, he said.
But Guida said he could not make an exception and all residents pay police for such closures.
There might be up to four more, Amico said, referring to the sewers, which he said were incorrectly installed.
We cant make an exception, Schreck said.
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