Hoboken Housing Authority Special Meeting 8-04-14

8/12/2019 Hoboken Housing Authority Special Meeting 8-04-14

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- - - - - - - - - - - - - - - - - - - X

SPECIAL MEETING OF THE BOARD : Monday

OF COMMISSIONERS OF THE HOUSING : August 4, 2014AUTHORITY OF THE CITY OF HOBOKEN : 7:30 p.m.

- - - - - - - - - - - - - - - - - - - X

Held At: City Hall

Council Chambers

94 Washington Street

Hoboken, New Jersey

B E F O R E:

Carmelo G. Garcia, Executive Director

Chairwoman Dana Wefer

Vice Chair David Mello

Commissioner Robert Davis, III

Commissioner Jean Rodriguez

Commissioner Judith BurrellCommissioner James Sanford

Commissioner David Dening

A P P E A R A N C E S:

CHARLES P. DAGLIAN, ESQ.

Attorney for the Board.

PHYLLIS T. LEWIS

CERTIFIED SHORTHAND REPORTER

CERTIFIED REALTIME REPORTER

Phone: (732) 735-4522


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CHAIRWOMAN WEFER: Okay. We are going

to bring this meeting to order.

Please settle down, so we can stand and

salute the flag.

(Pledge of Alliegance recited)

(Applause)

CHAIRWOMAN WEFER: I would like to

advise those present that notice of the Special

Meeting of the Housing Authority of the City of

Hoboken has been provided to the public in

accordance with the provisions of the Open Public

Meetings Act.

Notice of this Special Monthly Meeting

was published in The Jersey Journal and The Bergen

Record on Saturday, July 2nd (sic), and notice to

the general public of said meeting was sent to the

City Clerk of Hoboken with a copy of the agenda to

be placed on the aforementioned bulletin board.

I direct the minutes of this meeting to

state that I have announced that adequate notice of

the meeting had been given as required by the Open

Public Meetings Act.

COUNCILWOMAN MASON: Chairman, if I

might, a point of order.

CHAIRWOMAN WEFER: Yes.


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COUNCILWOMAN MASON: Thank you.

I would like to put on the record that

this meeting is in violation of the Open Public

Meetings Act, as the public is not allowed to be

totally present at it and have been sent outside, so

they cannot participate in the meeting properly.

It also was not fully announced as to

the agenda as required for Special Meetings.

Thank you.

(Applause, cheering and whistling)

CHAIRWOMAN WEFER: Director Garcia,

will you please call the roll call?

EXECUTIVE DIRECTOR GARCIA: On the roll

call, Ms. Rodriguez?

COMMISSIONER RODRIGUEZ: Here.

EXECUTIVE DIRECTOR GARCIA:

Commissioner Mello?

VICE CHAIR MELLO: Present.


Commissioner Dening?

COMMISSIONER DENING: Here.


Commissioner Davis?

COMMISSIONER DAVIS: I'm here.



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Commissioner Burrell?

COMMISSIONER BURRELL: Here.


Commissioner Sanford?

COMMISSIONER SANFORD: Here.


Commissioner Wefer?

CHAIRWOMAN WEFER: Here.

Okay. The first order of business on

our agenda tonight is the election of a Secretary

Pro Temp, and the reason for that is because under

our -- under state statute and under our contract,

the Executive Director is the Board Secretary.

However, tonight because the resolutions concern the

Executive Director's employment with the Housing

Authority, it is prudent to elect a Secretary Pro

Temp, so right now I would like to open nominations

for the Secretary Pro Temp.

EXECUTIVE DIRECTOR GARCIA: Madam

Chair -- Madam Chair --

COMMISSIONER DENING: I would like to

nominate David Mello --

MR. COLLECIO: A point of order --

CHAIRWOMAN WEFER: Director?

MR. COLLECIO: -- a point of order --


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EXECUTIVE DIRECTOR GARCIA: -- Madam

Chair, just for the record, I present an objection

to that because as per my employment contract, as

you are aware and under the bylaws, the Executive

Director is the Board Secretary.

I am still serving in that capacity at

the moment, so I think it would be premature for you

to basically remove me as the Secretary when, in

fact, the next item on the agenda is the resolution

concerning the letter of need and not a conflict

with respect to my employment contract.

So I would say to you that, again, you

are doing this improperly by removing me as

Secretary when, in fact, you are aware that the

bylaws and my employment contract recognize the

Executive Director as that of the Board Secretary.


would you like to call the vote when we do the

resolution concerning the letter of need?

MR. DAGLIAN: I think what the Director

is suggesting, Madam Chair, is that under the

bylaws, the Chair shall be the Secretary. So I

agree with you that the point of the resolution that

comes to the situation terminating his contract, it

would be a conflict only in that he would have to be


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certifying as the Secretary. You certify the -- you

certify the resolution, so I think his point is that

in the agenda, the resolution concerning the letter

of need should be moved before the election of

Secretary Pro Temp --

CHAIRWOMAN WEFER: I'm fine with that.

MR. DAGLIAN: -- and then the Secretary

Pro Temp, and then the other two resolutions.

CHAIRWOMAN WEFER: So in that case,

should we suspend the agenda?

VICE CHAIR MELLO: Yeah.

Madam Chairwoman, I move to suspend the

agenda for the purposes of switching items two and

three on the agenda.

MR. COLLECIO: Chairwoman, for the

record -- for the record, Chairwoman --

CHAIRWOMAN WEFER: I second that

motion.

MR. COLLECIO: -- I would like to just

point out for the record, Chairwoman, I have serious

concerns about the safety of the people --

VICE CHAIR MELLO: We need to call --

we need to call a vote on what has been first and

seconded when it comes to the suspension of the

agenda.


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CHAIRWOMAN WEFER: We can't have

members of the public coming up to the microphone

and interrupting the Board's proceedings.

If you have any safety concerns, please

bring them to the attention of one of the officers

stationed around the room --

MR. CAMPOS: We just did, and the chief

asked to put it on the record. The chief asked to

place it on the record.

MR. COLLECIO: I would like the chief's

opinion on the record of whether this meeting is

safe enough to continue.

CHAIRWOMAN WEFER: Director Garcia --

VICE CHAIR MELLO: All right.

There is a motion on the floor and a

second to suspend the agenda.


Chairwoman, I will defer to -- since it is a public

safety matter, I am going to defer to the Chief of

Police with respect to whether or not --

THE AUDIENCE: Chief.

(Applause and cheering)

CHAIRWOMAN WEFER: Are you saying you

won't call the vote?

EXECUTIVE DIRECTOR GARCIA: As I noted,


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Madam Chair, for the sake of public safety because

we are placing the --

CHAIRWOMAN WEFER: Are you going to

call the vote?


Chair, for the record, as a matter of public safety,

I would like to ask the Chief of Police whether or

not, on the record, we are in any way in violation

of the -- is this a hazardous condition. Is it, you

know, proper to have --

A VOICE: Here is the Chief.


CHIEF GARCIA: Is there a question?

VICE CHAIR MELLO: It is not a question

from the staff.

CHAIRWOMAN WEFER: No. This meeting is

being disrupted --

MR. COLLECIO: My question was: In

your opinion, is it safe enough in this room and

outside to continue the meeting over the capacity of

185, with not allowing the rest of the public in

under the Open Public Meetings Act --

CHIEF GARCIA: Right now we are doing

our due diligence to make sure that everyone is safe

in this building and keeping the capacity to its


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limits, whatever that limit is.

If you are telling me it is 183, I

don't even know if that's the number --

A VOICE: It's 189.

ANOTHER VOICE: 189.

CHIEF GARCIA: All right. 189.

They have a -- they have a screening

facility outside that has a counter on it. It

counts every person that is coming in.

I have a number of officers here to

ensure that the aisles are open in case we need any

emergency type of vehicles, like an ambulance or

medical attention in here.

The problem -- the problem that we do

have right now, and I am bringing this to your

attention, is that there is no speakers out there,

and the general public that is out there wants to

hear what is going on in the meeting.

THE AUDIENCE: That's right. That's

right.

CHIEF GARCIA: Excuse me.

THE AUDIENCE: Shush.

CHIEF GARCIA: The issue with that is

that they cannot hear anything that is going on in

here. They want to participate. I can't let them


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in the building because of the capacity in this

room, so there are issues that we had addressed

earlier.

If this meeting must go on, can we look

for a larger venue?


CHAIRWOMAN WEFER: This is disrupting

the meeting right now. We've discussed this

privately. I think it is time that we move on with

the Board business.

CHIEF GARCIA: Okay.

But the Board business is going to be

stated at this moment, I will the keep the meeting

going, and I am informing you that if it becomes a

public safety issue, that I will be speaking to you

again on the matter.

CHAIRWOMAN WEFER: Okay. Thank you.

VICE CHAIR MELLO: Of course. Thank

you.

CHAIRWOMAN WEFER: Okay. There is a

motion on the floor to suspend the agenda. It's

been motioned and seconded, so that we can consider

the letter of need before the election of a

Secretary.

Director?


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EXECUTIVE DIRECTOR GARCIA: If I may

request, who made the motion?

VICE CHAIR MELLO: I made the motion --

CHAIRWOMAN WEFER: I seconded it.

EXECUTIVE DIRECTOR GARCIA: -- who was

the second?

CHAIRWOMAN WEFER: I seconded it.

VICE CHAIR MELLO: Chairwoman Wefer was

the second.

EXECUTIVE DIRECTOR GARCIA: Okay.

So the motion that you are voting on --

VICE CHAIR MELLO: Is to suspend the

agenda --

EXECUTIVE DIRECTOR GARCIA: -- is to

suspend the agenda and --

VICE CHAIR MELLO: -- and switch items

three and two in the agenda order.


Commissioner Mello, do you want to be the Board

Secretary?

Do you want to be Board Secretary?

VICE CHAIR MELLO: No. I thought you

were asking me a question. I was trying to give

clarification.

CHAIRWOMAN WEFER: No, no. This is the


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motion to suspend the agenda.

Can you call the vote?

EXECUTIVE DIRECTOR GARCIA: Well --

CHAIRWOMAN WEFER: This is the

motion --

THE AUDIENCE: We can, we will, watch

us. We can, we will, watch us. We can, we will,

watch us. We can, we will, watch us. We can, we

will, watch us.

EXECUTIVE DIRECTOR GARCIA: Roll

call --

CHAIRWOMAN WEFER: This is a motion to

suspend the agenda --

THE AUDIENCE: Let them in. Let them

in. Let them in. Let them in. Let them in. Let

them in. Let them in. Let them in. Let them in.

Let them in. Let them in. Let them in. Let them




in --

CHAIRWOMAN WEFER: Okay --

THE AUDIENCE: -- let them in. Let




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them in. Let them in.

OFFICER: Hey, Guys --

A VOICE: Quiet.

EXECUTIVE DIRECTOR GARCIA: I can't

hear.

CHAIRWOMAN WEFER: This is a motion --

Director --

THE AUDIENCE: Let them in --

CHAIRWOMAN WEFER: Okay. We are going

to proceed with the meeting.

If you continue to disrupt the meeting,

you will be removed.

OFFICER: Just so you know -- I don't

need a mike. Just so you know, they have the

authority, one person on the table has the authority

to tell somebody to leave if they are being

disruptive during the meeting --

(Audience yelling and screaming)

OFFICER: -- so all I am saying to you

is: If you don't want to leave, let them do what

they got to do.


OFFICER: They can't continue the

meeting if everybody is yelling.


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THE AUDIENCE: This is not fair. This

is not fair. This is not fair. This is not fair.

This is not fair. This is not fair. This is not

fair.

(Audience continues to talk at once.)

(Officer confers with the Board)

CHAIRWOMAN WEFER: So let's settle

down, so we can move on with the meeting.

MR. CAMPOS: May I address,

Chairwoman --

CHAIRWOMAN WEFER: No.

MR. CAMPOS: You don't want any help?

I am trying to help.

CHAIRWOMAN WEFER: Right now we need to

move on with Board business. I have asked the

officers that if people are yelling out --

(Audience continues to yell and

scream.)

CHAIRWOMAN WEFER: -- if you disrupt

the Board meeting by chanting or coming up to the

microphone, we are going to have to have you

removed.

A VOICE: We can't hear you.

CHAIRWOMAN WEFER: If you can't hear

me, that means you need to be quiet.


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A VOICE: Maybe you can chant.

CHAIRWOMAN WEFER: There is a

resolution -- there is a motion. There is a first

and a second. The motion is to suspend the agenda,

so that we can consider the resolution concerning

the letter of need.

(Audience yelling at once.)


please call the vote.

EXECUTIVE DIRECTOR GARCIA: I am going

to put the volume up.

(Audience continues talking)

CHAIRWOMAN WEFER: Director, Director,

please call the vote.

EXECUTIVE DIRECTOR GARCIA: On the

vote --

COMMISSIONER DAVIS: What are we voting

on?

We're voting to suspend?


Ms. Waiters, please be quiet --

(Audience all talking at once.)

CHAIRWOMAN WEFER: -- Ms. Waiters.

(Audience all talking at once.)



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Commissioner Mello?

CHAIRWOMAN WEFER: Please be quiet.

(Audience talking at once)

(Chief Garcia confers with the Board.)

OFFICER: Close the door.

CHAIRWOMAN WEFER: Please come to

order. Come to order.

We are moving on with this meeting. If

you are speaking, I will point at you. I will warn

you, and if you continue speaking, I will have the

officer remove you.

Director?


A VOICE: We can't hear you.


VICE CHAIR MELLO: Okay.

MR. COLLECIO: Another point of order.

Now, that they closed the door to the

outside --

CHAIRWOMAN WEFER: Director, please

call the vote.


Commissioner Rodriguez?

COMMISSIONER RODRIGUEZ: What are we

voting on?


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(Audience cheering)

A VOICE: To suspend the agenda.

COMMISSIONER RODRIGUEZ: Yes.

MR. CAMPOS: Excuse me --


VICE CHAIR MELLO: Folks, we are going

to proceed with the meeting.

Mr. Campos, please sit down.

MR. CAMPOS: Chairwoman, wait for --

VICE CHAIR MELLO: Mr. Campos, please

take your seat.

MR. CAMPOS: -- there hasn't -- the

Open Public Meeting Act hasn't been read. It hasn't

been read. I did not hear anybody read it --

CHAIRWOMAN WEFER: Please sit down.

Yes --

VICE CHAIR MELLO: Thank you. Thank

you --

MR. CAMPOS: -- so this meeting has not

been officially called to order.

So all I want to do is address and get

people to calm down, so we can hear you.

VICE CHAIR MELLO: Mr. Campos, thank

you.

MR. CAMPOS: You're welcome.


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So why is the Chairwoman telling me to

shut up? That is disrespectful. That is

disrespectful.


VICE CHAIR MELLO: Mr. Camps --


MR. CAMPOS: Wait one second. One

second --

A VOICE: Quiet.

MR. CAMPOS: -- all of you, let's do

this the right way.

Your voices will be heard if the

Chairwoman so allows. Nonetheless, since the Open

Public Meetings Act hasn't been read into the

record. My suggestion is that the Chairwoman pick a

venue that will allow for everybody to participate

in this meeting.


MR. CAMPOS: Guys, guys, guys, we want

to make sure this is a safe meeting. We want to

make sure that everybody's rights are protected. We

want to work together, but we need the cooperation

of the Chairwoman. We need her to listen to reason.

We need her to listen to reason.

CHAIRWOMAN WEFER: Okay. Now it works.


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Please sit down.

MR. CAMPOS: The meeting hasn't been

called because the Open Public Meetings Act hasn't

been read --

CHAIRWOMAN WEFER: Just because you

didn't hear it doesn't mean it wasn't read --

MR. CAMPOS: Has anybody heard it?

THE AUDIENCE: No, no, no.



there is a motion and a second on the motion to

suspend the agenda, so we can do the resolution

concerning the letter of need before the election of

a Secretary Pro Temp.

Can you please call the vote?

EXECUTIVE DIRECTOR GARCIA: I have been

calling the names.




Commissioner --

THE AUDIENCE: It's not fair. It's not

fair. It's not fair.




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Commissioner Mello, I did not shut the microphone

off. I turned it on.

VICE CHAIR MELLO: I'm sorry?

EXECUTIVE DIRECTOR GARCIA: I heard you

say that I shut the microphone off. I did not. I

turned that one on.

VICE CHAIR MELLO: I said no such

thing.

EXECUTIVE DIRECTOR GARCIA: You are

such a liar. You just told Chairwoman Wefer that --


EXECUTIVE DIRECTOR GARCIA: -- come

on --

VICE CHAIR MELLO: Let's continue with

the meeting. Let's continue with the meeting --

EXECUTIVE DIRECTOR GARCIA: -- own up

to it. Own up to it.

VICE CHAIR MELLO: -- I own up to

everything that I say.

EXECUTIVE DIRECTOR GARCIA: That's a

lie. You are lying right through your teeth.

CHAIRWOMAN WEFER: Commissioner

Burrell, this is a motion to suspend -- are you

going to call the vote?

EXECUTIVE DIRECTOR GARCIA: I asked


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Commissioner Rodriguez.

Are you going to do the vote?

Are you going to do it, or do you want

me to do it?

CHAIRWOMAN WEFER: You can do it.

THE AUDIENCE: It's not fair.

EXECUTIVE DIRECTOR GARCIA: Again, I am

doing the vote. If you want to basically take

charge, or essentially what do you want me to do --

CHAIRWOMAN WEFER: Call the vote.


A VOICE: Please call the vote.



I think you have answered three times.

COMMISSIONER RODRIGUEZ: Yes, I did.

CHAIRWOMAN WEFER: Commissioner Davis?

COMMISSIONER DAVIS: Yeah.


Commissioner Mello?

VICE CHAIR MELLO: Yes.



COMMISSIONER DENING: Yes.



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fair. This is not fair. This is not fair. This is

not fair. This is not fair.

(Chief Garcia and Chairwoman Wefer

confer)




fair. This is not fair. This is not fair.

CHAIRWOMAN WEFER: Okay. Let's settle

down. We are moving on.




fair. This is not fair. This is not fair.

CHAIRWOMAN WEFER: Officer, please

remove them.

(Board members confer)

(Officer and Board members confer)

CHAIRWOMAN WEFER: Officer.

(Chairwoman confers with officers)

CHAIRWOMAN WEFER: Okay. So the first

resolution concerns asking Hoboken for a letter of

need, so that the Housing Authority can apply for

the FRM-PHA grant through the --

MR. COLLECIO: For the record,


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Chairwoman --

CHAIRWOMAN WEFER: I'm sorry.

MR. COLLECIO: -- members of the public

are being left out of the meeting. Point of

order --


VICE CHAIR MELLO: Sir, please --

MR. COLLECIO: -- point of order,

Chairwoman.

VICE CHAIR MELLO: -- please step away

from the microphone, Mr. Collecio.


EXECUTIVE DIRECTOR GARCIA: Madam,

Chair, Madam Chair, a point of order.



Chair, Madam Chair, as the Board Secretary -- as the

Board Secretary, Madam Chair, the speaker is not

working outside.

VICE CHAIR MELLO: There's a lot of

things going on --

EXECUTIVE DIRECTOR GARCIA: -- as the

Board Secretary, I have to report that is a problem,

Madam Chair, of the Open Public Meetings Act. Madam

Chair, it is a violation of the Open Public Meetings


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Act.

As the Board Secretary, I am advising

you that the speakers outside are not working. You

are disenfranchising the public of this meeting, and

that is something that I am required to tell them as

the Board Secretary under the bylaws and under my

contract --

CHAIRWOMAN WEFER: I move to table the

resolution concerning the letter of need for our

next meeting.

VICE CHAIR MELLO: I second the

motion --


Chairwoman, I cannot hear with everybody talking --

VICE CHAIR MELLO: -- I second the

motion.

There is a motion and a second to table

the letter of need.

EXECUTIVE DIRECTOR GARCIA: Again,

Madam Chair, excuse me. You are violating --


CHAIRWOMAN WEFER: I'm going to give

you plenty of time to speak.


EXECUTIVE DIRECTOR GARCIA: -- what are


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you trying to do?

There is no need for you to disrespect

me in that manner.

Madam Chair, I am telling you as the

Board Secretary, that it is my fiduciary

responsibility to tell you about the current concern

with the fact that the speakers outside are not

working.

Secondly, there is a public safety

issue at hand, and that is my prime responsibility

to tell you that we need to remedy the situation

before you continue.


CHAIRWOMAN WEFER: There is a motion

and a second on the floor to table the resolution to

our next Regular Meeting.

Director, please call the vote.


EXECUTIVE DIRECTOR GARCIA: I can't

hear you.

CHAIRWOMAN WEFER: Please, please be

quiet in the back.





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Commissioner Davis?

Commissioner Mello?



THE AUDIENCE: Do the right thing. Do

the right thing.

(Officers conferring with Board)


the right thing. Do the right thing. Do the right

thing.

(Officers conferring with the Board)



thing. Do the right thing. Do the right thing. Do





the right thing.

CHAIRWOMAN WEFER: Okay. Director,

please call the vote on the pending motion.

(Officer and Chairwoman confer)





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thing.

CHAIRWOMAN WEFER: Call the roll.

Director, there is a motion pending to

table the letter of need resolution until our next

regular meeting. Please call the vote.


Chair --


THE AUDIENCE: This is illegal. This

is illegal. This is illegal. This is illegal.

This is illegal. This is illegal.

(Chief Garcia and Board confers)

THE AUDIENCE: This is illegal. This

is illegal.

(Audience cheering, yelling and

screaming)

CHIEF GARCIA: I am going to ask for

order in this courtroom.

(Audience continues to yell and scream)

CHIEF GARCIA: I am going to ask you to

exit this courtroom now and do it in an orderly

fashion, so I can make a determination as to when


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this is going to happen.

Thank you very much.

Kindly go outside through the exit,

please.


(Board members confer with Chief

Garcia)

(Audience excused at approximately

eight p.m)

(Recess taken)

(The following takes place at

approximately nine p.m)

CHAIRWOMAN WEFER: Is there a motion to

come back from recess?

VICE CHAIR MELLO: Motion.

COMMISSIONER SANFORD: Second.

CHAIRWOMAN WEFER: All right.

The Director is not here right now, so

I will call the vote.


MR. DAGLIAN: Madam Chair, you cannot

start the meeting until the members of the public

are allowed back in.

CHAIRWOMAN WEFER: They are not --

MR. DAGLIAN: They're not coming in?


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CHAIRWOMAN WEFER: -- they're not

coming in?

COMMISSIONER DAVIS: They are going to

let them in in a second.

CHIEF GARCIA: They are being logged

in.

MR. DAGLIAN: They're being logged in?

CHIEF GARCIA: They're being logged in.

CHAIRWOMAN WEFER: They're being what?

COMMISSIONER DAVIS: They're being

allowed in.

MR. DAGLIAN: They're being allowed in.

COMMISSIONER RODRIGUEZ: But they have

to get checked by the cops or whatever.

CHAIRWOMAN WEFER: Can we come back

from recess or --

VICE CHAIR MELLO: We're not going to

come back from recess until the people have a chance

to --

CHAIRWOMAN WEFER: Oh.

MR. DAGLIAN: Not if you are going to

discuss any business, the members of the public have

to be present.

CHAIRWOMAN WEFER: Okay.

CHIEF GARCIA: Unless if you are going


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to call the meeting, I'm not going to call them back

in.

CHAIRWOMAN WEFER: Okay. But I just

wondered if we could come back from recess.

MR. DAGLIAN: It would be better if you

don't come back from recess. That way there is no

discussion.

CHAIRWOMAN WEFER: I thought they were

already letting them back in.

(Recess taken)

(Audience present)


CHAIRWOMAN WEFER: Okay. Folks, let's

come to order. Come to order. The meeting is going

to resume. If you are talking, please stop.


CHAIRWOMAN WEFER: Chief, Chief --

CHIEF GARCIA: Yes.

CHAIRWOMAN WEFER: -- would you like to

say anything?

CHIEF GARCIA: I don't have to --

well, this meeting is going to be adjourned again.

I expect everybody to be orderly. If you are not

orderly, I will have the officers escort you out.

All right?


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I am letting you know now. Enough is

going to be what is required on that fire

department's occupancy, and that is going to be it.

If anyone usurps the meeting, they are going to be

asked to leave.

Do we understand the rules?

Yes?

COUNCILMAN RUSSO: Chief, how is the

Board going to handle the members of the public that

would like to speak that are not in the room

because --

CHIEF GARCIA: That question has to

be --


CHIEF GARCIA: -- I had only heard the

answer -- the question, but I don't have the answer.

CHAIRWOMAN WEFER: Where is the sign-in

sheet?

A VOICE: Right here.

CHAIRWOMAN WEFER: Why don't you pass

it around?

It can get passed outside, and people

can sign up.




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MS. REYES: If they are only allowed to

stand in the hallway, and most people are outside,

because even if they are on the list, they wouldn't

hear that they are being called to speak.

CHAIRWOMAN WEFER: What we will do is

we will exhaust the list of the people that are in

here --

MS. REYES: They don't know if they

want to participate. They're up here for our

meeting. This is a Housing Authority resident --

CHIEF GARCIA: I can't put anybody

beyond that number.

MS. REYES: -- but they can move the

location --

CHIEF GARCIA: If you want to -- if you

want to leave to allow someone else to come in to

speak, that is fine.

MS. REYES: I would be more than happy

to, but that is not the problem.

This is a violation of our rights of

the Open Public Meetings Act --

CHIEF GARCIA: I understand that

and --

MS. REYES: -- and I hope that the

members are looking at this because they don't


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have --

(Everybody talking at once)

CHIEF GARCIA: If you have any issues,

you know the legalities that you have before you.

Take those issues to those particular areas. All

right?

Right now, I am trying to have everyone

orderly, so we can have a meeting, all right? And

that is what I am asking.

Thank you.

THE AUDIENCE: If you are going to have

a meeting, you make that lady up here --


CHIEF GARCIA: All right. The other

issue is that --

MS. GUILLARD: Don't speak to my face,

understand? Don't whisper.

CHIEF GARCIA: The problem is that he

can't --

(Audience talking at once and

conferring with Chief Garcia)

CHIEF GARCIA: -- so I have asked you,

so I will make sure that --

CHAIRWOMAN WEFER: Okay. Let's bring

this meeting to order.


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Is there a motion to return -- is there

a motion to --


CHAIRWOMAN WEFER: Please be quiet.

Is there a motion to return from

recess?

COMMISSIONER DENING: Motion to return

from recess.

VICE CHAIR MELLO: Second --


VICE CHAIR MELLO: -- I second the

motion.





Commissioner Mello?






Commissioner Davis?




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Commissoiner Burrell?

COMMISSIONER BURRELL: Yes.



COMMISSIONER SANFORD: Yes.

EXECUTIVE DIRECTOR GARCIA: Chairwoman

Wefer?


Before we recessed, there was a motion

pending on the floor with a first from Vice Chair

Mello and a second from me to table the resolution

of need until our next meeting next week, hum --

VICE CHAIR MELLO: The next Regular

Meeting.

CHAIRWOMAN WEFER: -- for the next

Regular Meeting, which is next Thursday, so we need

to call the roll call on that.

EXECUTIVE DIRECTOR GARCIA: The motion

on the floor is to table the resolution of need.

And, Madam Chair, just bear in mind, that there was

a timeline I think, which I shared with you with

respect to that. So just be aware that if the

resolution of need goes first to this Board and then

to the City is not on, we might not meet the

required deadline that Mr. Fox has shared with you.


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CHAIRWOMAN WEFER: Thank you, Director.

My understanding is that it is going to

be on the City Council agenda on Wednesday, so I

think that this might be superfluous at this point.


So on the resolution on the table of

this resolution: Commissioner Rodriguez?



Commissioner Mello?






Commissioner Davis?

COMMISSIONER DAVIS: No.



COMMISSIONER BURRELL: No.



COMMISSIONER SANFORD: Yes.




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EXECUTIVE DIRECTOR GARCIA: Oh,

Chairwoman Wefer.

CHAIRWOMAN WEFER: Okay.

The next item on the agenda is to elect

a Secretary Pro Temp to consider the resolution for

terminating the contract of Executive Director

Carmelo Garcia.

Director, do you have any objections to

electing the Secretary Pro Temp at this time?

EXECUTIVE DIRECTOR GARCIA: The only

thing that I would object to is that, again, I did

not get a Rice notice, Madam Chair, with respect to

the resolution that is on the agenda to terminate my

contract --

CHAIRWOMAN WEFER: Right.

EXECUTIVE DIRECTOR GARCIA: -- and as

you are aware, my lawyer, which I had requested due

process and fairness to be represented, and he is

not available for -- he had a family vacation, which

he spoke to Thomas Abbate, the lawyer for the

Housing Authority for yourself, requesting that an

adjournment be made for the purposes of having my

representation here. Unfortunately, I can see that

that is not being granted.

And furthermore, as the Board


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Secretary, being the Executive Director, as you

know, and we have gone over this already, but for

the record, we are proceeding with something that --

CHAIRWOMAN WEFER: Director, you are

going to have ample time --


EXECUTIVE DIRECTOR GARCIA: -- for the

record --


CHAIRWOMAN WEFER: Director, you're --


VICE CHAIR MELLO: Wait until --


Chair, you asked me --

CHAIRWOMAN WEFER: Director, Director,

I asked you --

EXECUTIVE DIRECTOR GARCIA: -- you

asked me -- Madam Chair, you asked me a question,

and if you would allow me to finish my answer, then

you would understand what I am saying.

So I do object to the election of a

secretary for numerous reasons.

Number one: I told you I did not get a

Rice notice to have my employment discussed.

Number two: Because the Board


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Secretary is the Executive Director under the bylaws

and per my contract, and because I have not been

terminated or the contract has not been terminated,

therefore, I would technically still be doing Board

Secretary work --

CHAIRWOMAN WEFER: Do you want to call

the roll call on the next resolution?



Chair, you asked me for my objection. I am sharing

with you my objection, and I am asking you to

respectfully honor my objection under the basis and

on the grounds of again due process and the fact

that the violation of my First Amendment rights, the

violation of the fact that there is no Rice notice

that was given to me for purposes of having this

discussion --

CHAIRWOMAN WEFER: Okay. Thank you.

VICE CHAIR MELLO: Madam Chairwoman?

CHAIRWOMAN WEFER: Yes, Vice Chair

Mello.

VICE CHAIR MELLO: I would move that we

call the question on an item that originally

appeared as Item No. 2 and is now moved to Item No.

3 on this suspension of the agenda, and we vote on


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41

the election of the Secretary Pro Temp taking into

consideration the comments by the Director, I do not

feel in any way that we violated the First Amendment

rights of the Director by having the election of a

Secretary Pro Temp at this time, and I would like to

call the question, please.

CHAIRWOMAN WEFER: We need a motion.

COMMISSIONER SANFORD: Motion.

EXECUTIVE DIRECTOR GARCIA: A point of

order, Madam Chair --

COMMISSIONER DENING: Second.

EXECUTIVE DIRECTOR GARCIA: -- a point

of order --


call the vote on the motion to elect a Secretary Pro

Temp.

EXECUTIVE DIRECTOR GARCIA: Is that

Commissioner's Mello's legal opinion?

Is that his legal opinion?

Because I know he is not a lawyer, so I

just wanted to make sure on the record that what you

stated for the record --


call the vote.



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43

calling --

(Audience yelling and screaming and

drowning out the Board members)

THE REPORTER: I can't hear you. I

can't hear you.

MR. DAGLIAN: -- I was reiterating the

legal opinion that I had just gave you about an hour

ago. That's all I was doing. I was just

reiterating the same opinion.

EXECUTIVE DIRECTOR GARCIA: So he was

sharing the opinion that he gave you with me.

CHAIRWOMAN WEFER: Can you call the

roll, please?

THE AUDIENCE: No, no, no --

CHAIRWOMAN WEFER: I am calling the

vote.

THE AUDIENCE: No, no, no, no, no, no,

no, no, no, no, no, no, no, no, no, no, no, no, no,







no, no, no, no, no, no, no, no, no, no, no.


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45



no, no, no, no.

(Audience cheering and talking at once)

CHAIRWOMAN WEFER: Please call the

vote.

THE AUDIENCE: No, no, no, no, no, no,

no, no, no, no, no, no, no, no, no, no, no, no any



no.

CHAIRWOMAN WEFER: I will clear the

room again.

(Chief Garcia confers with Board

members)

(Chief Garcia confers with Executive

Director Garcia)


CHAIRWOMAN WEFER: Settle down. Please

come to order, so the Board can proceed --

THE AUDIENCE: No.

(Audience continues to yell and

scream.)

CHAIRWOMAN WEFER: -- please come to

order.


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Okay. The motion that is on the floor

and that the voting is to be called on is opening

nominations to elect a Secretary Pro Temp.

Director, will you call the vote on

that without commenting?


Chair, I am looking -- Madam Chair, with everything

happening, I am looking for the article relative to

the bylaws and under the Open Public Meetings Act.

I am looking for the article.

Unfortunately, because of the melee

that had ensued earlier and because of everything

going on this evening, I cannot promptly locate

that, and I want to again recite to you that --

CHAIRWOMAN WEFER: Director --


EXECUTIVE DIRECTOR GARCIA: -- I

feel -- I feel that you are coercing me to do this,

and I am -- I have given my objection on the record.

You are coercing me to do this, and I just want to

be able to --


CHAIRWOMAN WEFER: Mr. Daglian, you

advised us earlier that there was a conflict with

the Director calling the vote on the resolution to


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47

terminate him.

MR. DAGLIAN: What I had said --


MR. DAGLIAN: -- what I had said was

that he is -- under the bylaws, the Secretary has to

be the Executive Director. For that resolution, you

may want to have a pro temp, because it is to

certify. But if there is an issue with the Rice

notice, where you can't have -- get the vote on that

resolution, then you cannot -- you should not

because the bylaws say the Executive Director shall

be the Secretary --

CHAIRWOMAN WEFER: There is no issue

with the Rice notice.

EXECUTIVE DIRECTOR GARCIA: Yes, there

is an issue, Madam Chair. I am sharing my objection

now because you are outright -- you have misspoken,

and you are outright saying something that doesn't

exist right now. Whether or not what you say --

CHAIRWOMAN WEFER: There is a motion on

the floor --

EXECUTIVE DIRECTOR GARCIA: -- I did

not --

CHAIRWOMAN WEFER: -- we need to --



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Chair, Madam Chair --

CHAIRWOMAN WEFER: -- vote on the --

EXECUTIVE DIRECTOR GARCIA: -- first of

all, Madam Chair --

CHAIRWOMAN WEFER: -- you are

obstructing that --

EXECUTIVE DIRECTOR GARCIA: -- no, I am

not obstructing.

As the Board Secretary, I have a

fiduciary responsibility as the administrator to

administer the meetings -- as the Board Secretary, I

have a fiduciary responsibility first and foremost

to tell you that there is a public safety situation

at hand. This is a dangerous situation, number one,

and you are excluding and disenfranchising the

public from participating, the residents from

participating in this meeting --

(Audience cheering and screaming)

EXECUTIVE DIRECTOR GARCIA: -- so you

are excluding them. You are excluding them.

Number three -- number three: I have

given you, Madam Chair -- number three, I have

presented my objections to you asking for a response

on the record as to what I have presented --

CHAIRWOMAN WEFER: Director, you are


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49

going to have plenty of time to speak on the

record --


Chair, Madam Chair, you are looking to take an

action on the agenda that I am objecting to as per

the objection --

CHAIRWOMAN WEFER: And your objection

is noted --

EXECUTIVE DIRECTOR GARCIA: -- and I

objected to it.

CHAIRWOMAN WEFER: -- please call the

vote on the --




Chair --

CHAIRWOMAN WEFER: -- please call the

vote. I have asked you ten times to call the vote.



Chair, don't say that. You are lying about -- you

are lying about that I've been directed ten times.

I am trying to respond properly, which

I have the fiduciary responsibility to do so, and

you are not allowing me.


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You are putting pressure on me. You

are coercing me, and this is what you are doing, and

this is what you have been doing --

CHAIRWOMAN WEFER: Okay. I am going to

call the vote --


VICE CHAIR MELLO: Record the vote.

CHAIRWOMAN WEFER: Please settle down.

Officer?

Please settle down. The motion and the

second is to elect a Secretary Pro Temp.

I nominate Commissioner Sanford.


VICE CHAIR MELLO: I second the

nomination of Commissioner Sanford as the Secretary

Pro Temp.


CHAIRWOMAN WEFER: I'll call the vote.



Chair, I did not refuse to call the vote --



CHAIRWOMAN WEFER: Please settle down.

The Board is trying to conduct its business, and we


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52


CHAIRWOMAN WEFER: The one that is

yelling now.

You have both been warned.

Please remove them.

Ma'am, I am going to have to have you

removed --


CHAIRWOMAN WEFER: -- okay. Please

come to order, so that the Board can continue its

regular business.

The next resolution before us tonight

is the resolution terminating the contract of

Executive Director Carmelo Garcia.



CHAIRWOMAN WEFER: Please come to

order.

CHAIRWOMAN WEFER: Chief Garcia, the

woman in the third row back, she has to be removed.


COMMISSIONER RODRIGUEZ: I'd like to

make a motion to adjourn this meeting.

(Audience applauding and cheering)

COMMISSIONER DAVIS: Second.


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53


COMMISSIONER SANFORD: There is a

motion to adjourn the meeting.

Is there a second?

CHAIRWOMAN WEFER: Please settle down,

so we can call the vote.

COMMISSIONER SANFORD: Is there a

second on the motion to adjourn the meeting?

COMMISSIONER DAVIS: I seconded it.


COMMISSIONER DAVIS: James, I was the

second.


CHAIRWOMAN WEFER: Call the vote.

COMMISSIONER SANFORD: I am calling the

vote.

CHAIRWOMAN WEFER: Please settle down

until we call the vote on the motion to adjourn.

VICE CHAIR MELLO: There is a motion to

adjourn and call this meeting to a close or to

continue it at 10:30.

This meeting is potentially --


VICE CHAIR MELLO: -- Folks, I am not

going to speak over anybody --


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COMMISSIONER SANFORD: So on the

motion --

VICE CHAIR MELLO: -- wait.

Ladies and gentlemen, if I could please

ask for your quiet, so that this Board can take a

vote.

For those who didn't hear or weren't

aware, a motion has been made, and that motion has

been seconded to call this meeting, either to

suspend this meeting or move this meeting to a time

certain, but to end this meeting of this night, but

we cannot take that vote if people do not get quiet,

so I am asking the people to please quiet down.

CHAIRWOMAN WEFER: Let me ask you a

question.

Mr. Daglian, can we continue this

meeting?


VICE CHAIR MELLO: There's a motion to

adjourn the meeting --

(Mr. Daglian is speaking, but the court

reporter cannot hear him with the audience yelling

and screaming over him)

COMMISSIONER DAVIS: Motion to adjourn

and reschedule.


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COMMISSIONER DAVIS: Call the vote,

Baby.

COMMISSIONER SANFORD: I will call the

vote.

May I please have quiet, so I can call

the vote?

May I please have quiet?



COMMISSIONER BURRELL: Yes.

COMMISSIONER SANFORD: Commissioner

Davis?

COMMISSIONER DAVIS: Yes.


Dening?

COMMISSIONER DENING: No.


Rodriguez?



Sanford is voting no.

Commissioner Mello?

VICE CHAIR MELLO: No.



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Wefer?

CHAIRWOMAN WEFER: No.


(Chief Garcia confers with Board

members)

CHAIRWOMAN WEFER: Director Garcia?

Director, do you wish to conduct this

in open or closed session?


Chair, as you know, again, I have not been properly

Riced, okay?

I don't have my legal counsel this

evening here.

You have a major public safety issue

going on, and for the safety of the residents, I

only ask that, again, as the Board Secretary, as the

Executive Director is still the Board Secretary for

the Hoboken Housing Authority, I would say to you to

do the right thing and vote in conscience and

adjourn this meeting.

And the Chief, I would ask him to

presume that this right is now a major public safety

issue.

Madam Chair, I would ask you to adjourn

this meeting and give me my due process and the


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fairness that I deserve under my employment rights,

under the Constitution, and I would ask that you do

the right thing and adjourn this meeting.

CHAIRWOMAN WEFER: Director, do you

want --

(Applause)

(Audience applauding, cheering and

yelling)

CHAIRWOMAN WEFER: -- Director, do you

wish to have the resolution discussed in open or

closed session?

I didn't receive the Rice notice back

from you --


Chair, you did not receive any Rice notice from me.

Madam Chair, I did not sign for anything. I was not

given anything, Madam Chair. It was clearly shared

with the attorney, and it was recognized, and I

thought that that tonight would be adjourned on it,

and you are not doing that.

I am under duress at the present

moment, and given the circumstances at hand with

this public safety concern, I cannot think straight

at this juncture to properly represent myself, and I

know you are not listening to me because you don't


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59

have it in public. I will have this discussion in

public --

(Audience cheering and applauding)

COMMISSIONER SANFORD: We will go into

closed session --

(Everybody talking at once)

EXECUTIVE DIRECTOR GARCIA: Again, this

is part of the process. Let me tell you that I will

have this discussion in public --



CHAIRWOMAN WEFER: Do any Commissioners

wish to speak on this resolution?



Chair --

CHAIRWOMAN WEFER: I asked if any

Commissioners wish to speak on this resolution.


Chair, did you acknowledge my response, Madam Chair?

CHAIRWOMAN WEFER: That you wish to

have this discussion in open session.

EXECUTIVE DIRECTOR GARCIA: You

acknowledge it.

MR. DAGLIAN: Under the Rice case --


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60

CHAIRWOMAN WEFER: I'm sorry?

MR. DAGLIAN: -- I think he has a right

to speak first before you speak --

CHAIRWOMAN WEFER: I can't hear you.

MR. DAGLIAN: -- I said under the Rice

case, the employee has a right to discuss and speak

first before the Commissioners speak.

CHAIRWOMAN WEFER: Okay. That is fine.

Director Garcia, would you like to

speak first or last?


Chair, again, I don't know what your charges are,

because I haven't been given cause. I haven't been

given charges. I don't know anything about the

reason for the termination. Therefore, I cannot

properly speak, other than reading on the record

what I sent to you earlier today, and I will read

that for the record.

"Dear Chairwoman Wefer" -- "Chairwoman

Wefer,

"I was shocked to learn that you

orchestrated a hearing for my termination without

adherence to the procedures set forth in my

Employment Contract."



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62

over a year of litigation of my whistleblowing

claims, you have continued to subject me to, and

escalate, an already hostile work environment" --

THE AUDIENCE: That's right.

EXECUTIVE DIRECTOR GARCIA: -- I have

spoken this evening.

"I view this continued escalation of

hostility as retaliation against me for:

"Exercising my rights guaranteed by the

New Jersey Constitution to free political

association without retaliation.

"My public advocacy on behalf of

Housing Authority tenants.

(Audience cheering)

EXECUTIVE DIRECTOR GARCIA: -- and

support for improving housing continues to provide

tenants with better accommodations.

"My legal proceeding against Mayor

Zimmer, who you have aligned yourself with as was

documented in the local media.

"Your attempt to wrestle control of the

Hoboken Housing Authority's appointment process for

Mayor Zimmer because the Hoboken Housing Authority

is an autonomous agency with a prerogative to

control its own appointments."


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63

And you are aware that there have been

numerous legal opinions issued by general counsel

and special counsel advising me that I am the sole

appointing authority. That, in fact, even though

you have violated my contractual rights, you have

breached it over and over.

"My service as an Assemblyman

representing the 33rd District, where as Mayor

Zimmer supported Ravi Bhalla," "who is also your

ally" and friend.

"As I have been wholly deprived of the

rights secured under my Employment Contract, these

circumstances suggest you have an ulterior motive to

obtain my termination."

THE AUDIENCE: Yes, that's right.

EXECUTIVE DIRECTOR GARCIA: You are

coercing me to participate in this process.

"It is regrettable that such factors

could even affect management decisions in the

Hoboken Housing Authority" --


EXECUTIVE DIRECTOR GARCIA: --

"especially since I have continuously acted as an

advocate for the public" --



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65

right.


EXECUTIVE DIRECTOR GARCIA: So in

conclusion, please, Madam Chair, I implore you to do

the right thing and, Board Members, to do the right

thing on what is happening here this evening.

That is my statement for the record.

As counsel advised you, because I have not been duly

and properly Riced, this proceeding should not

continue.


CHAIRWOMAN WEFER: Thank you.

I would like to make clear for the

record that this resolution is to terminate under

Article IX, Section C of the Employment Agreement

between Director Garcia and the HHA, underlying

Section D provides the Board can unilaterally

terminate a contract with 120 days notice --

THE AUDIENCE: No, no.

CHAIRWOMAN WEFER: -- under a different

clause, the Board may terminate within 30 days

notice, but that requires a hearing and formal

charges. Only Article IX, Section 3, unilateral

termination with 120 days notice is being considered

tonight.


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Concerning his Rice notice, I sent the

Rice notice to Director Garcia on July 24th to the

Housing Authority offices. I sent it via certified

mail, return receipt requested, and regular mail,

and I do have the return receipt back, so it was

signed for and picked up at the Housing Authority

office by the woman who works at the front desk.

This is an unusual situation because

the Board is conspicuously aware that Commissioners

voting "yes" on this resolution risk being sued.

That threat has been widely disseminated and even

reported in the local paper, so I think it is

important to create a record to memorialize current

HHA conditions and the context that Commissioners

are aware of as we consider this resolution.

The contract at issue, it's not

entirely clear who drafted this contract because Mr.

Daglian has a very sizable claim that he did draft

the contract, and then at the last meeting that he

didn't draft the contract. At the February 2nd,

2013 meeting, Mr. Daglian said that he did.

Regardless of whether --

MR. DAGLIAN: Chairwoman, I --

CHAIRWOMAN WEFER: -- he drafted it --

MR. DAGLIAN: -- I have been an


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67

attorney for 30 years. I have never had any

accusations of integrity or ethics against me. I

will not allow this Board to do that --

(Audience cheering, yelling and

screaming)

MR. DAGLIAN: -- I have always taken

the position that that contract was drafted by Mr.

Garcia's attorney.

VICE CHAIR MELLO: Madam Chairwoman --

CHAIRWOMAN WEFER: We have the

transcript here, if you want to go into closed

session --

VICE CHAIR MELLO: -- Madam Chairwoman,

may I interject one question directed to our

attorney?



Chair, can we have order on the floor?


EXECUTIVE DIRECTOR GARCIA: Excuse

me --

CHAIRWOMAN WEFER: The problem with

this contract is that it is, in my opinion, unlawful

on its face. Under New Jersey law, an Executive

Director cannot be given more than a one-year


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68

contract unless an Executive Director already has

five years of experience as a Housing Authority

Director, an Executive Director with a contract.

When this contract was signed with

Director Garcia, he didn't even have one day.


Chair, a point of order, Madam Chair --

(Everyone talking at once)

EXECUTIVE DIRECTOR GARCIA: -- a point

of order, Madam Chair, a point of order -- Madam

Chair --

COMMISSIONER RODRIGUEZ: Excuse me,

Madam Chair. He did have experience before because

he was an interim with Mr. Robert DeVincent.

(Applause, cheering and yelling)

COMMISSIONER RODRIGUEZ: He was there.

All right?

I don't know where you are getting your

information from, but you are mistaken.


Chair -- Madam Chair, a point of order on that.

Just for the Board's edification,

number two -- number one, this contract was approved

by the then Commissioner of DCA, Commissioner Gorro

(phonetic).


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Number two: This contract was prepared

by my own personal lawyers at the time, which was

Florio.

And number three: I did have the

experience, plus the graduate degrees with the

accredited time for that. As you know, you

literally are credited when have graduate degrees,

and I had the experience as a Deputy Executive

Director, so all of those factors came into play.

And if this contract was not valid, the Commissioner

of DCA would have never approved that contract nor

would he have signed off on it.


EXECUTIVE DIRECTOR GARCIA: So, once

again, you have misspoken, and that is a lie. What

you said is not true --

CHAIRWOMAN WEFER: But, Director, you

can have as much time as you would like to reply,

but while I have the floor, you don't interrupt me.


Chair, a point of order. Madam Chair, a point of

order --


(Everyone talking at once)



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Chair, you made -- Madam Chair, if you make a

statement -- if you make a statement that is untrue,

and given the duress that I have --

CHAIRWOMAN WEFER: Point of order --


Chair, and given the duress and stress that you have

placed on me in your decision --

CHAIRWOMAN WEFER: -- since I am not

allowed to have the floor uninterrupted by you, I am

going to make a written statement for the record,

and I am going to ask that you call the vote on the

contract --


EXECUTIVE DIRECTOR GARCIA: Are you

denying me -- are you denying me my fair due

process, Madam Chair?

I didn't understand what you just said.

What did you just say? I didn't

understand you.

CHAIRWOMAN WEFER: I said that I was

not being allowed to have the floor uninterrupted by

you, so I am going to submit my written statement

for the record.


Chair, I would like to respond to the point of


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71

order.

CHAIRWOMAN WEFER: It is not a point of

order. It's not a point of order --

EXECUTIVE DIRECTOR GARCIA: But

clearly, and I did have a point of order for

clarification --

CHAIRWOMAN WEFER: I am calling the

vote.

THE AUDIENCE: No, no, no, no, no.

(Audience yelling and screaming, and

Board members are talking at once)

CHAIRWOMAN WEFER: Director --

Director, is there something more that you wanted to

say for the record?


Chair, I am confused, Madam Chair.

I don't even know what process you are

voting on right now. Is it fairness or is it

equality?

What are you trying to tell me?

Explain what you are trying to tell me.

(Board members speaking at once)

CHAIRWOMAN WEFER: You have the floor.

You have the floor to speak.

What do you want to say for the record?


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EXECUTIVE DIRECTOR GARCIA: First of

all, Madam Chair, again, you --


EXECUTIVE DIRECTOR GARCIA: -- you did

not give me the Rice notice. I asked for this to be

discussed in public.

You are advising me that you are voting

on Article IX, by which in Article IX, removal or

termination, which general counsel two years ago or

a year and a half ago when Former Chairman Stuiver

tried the same thing, clearly went on record and

gave a legal opinion stating the intent for those

closed session minutes, and the intent was that the

120 days for unilateral termination was applicable

to that ending of my contract.

So how are you interpreting now that

article, that you are not giving me an opportunity

at all, you just want to sever the contract under

that article, is that what you are saying?

CHAIRWOMAN WEFER: That is what this

resolution is that is being passed.


Chair, I will refer again to the fact of what I read

into the record, and I will state that I could not

get a representation for this because you have


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73

denied me that opportunity.



CHAIRWOMAN WEFER: Mr. Sanford, call

the vote.


COMMISSIONER SANFORD: Is there a

motion?

CHAIRWOMAN WEFER: Do any of the

Commissioners wish to speak?


I just want to know, and I know we've

thrown this Rice thing at Mr. Garcia. Jake tried to

do, and now you're trying to do it.

Article III, it says what?

CHAIRWOMAN WEFER: I gave you a copy of

the contract.

COMMISSIONER DAVIS: And it says what?

So we are going to cut him off just for

that?

The Rice has not been properly served.

We have an improper meeting again. We are doing

everything, what seems to be illegal as hell in this

place --

THE AUDIENCE: Yes, yes, yes.


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(Audience applauding and cheering)

COMMISSIONER DAVIS: -- and I just

can't figure it out. I just can't figure it out.

You are not allowing him -- are we not

allowing him to -- why do you want him gone?


CHAIRWOMAN WEFER: If I could have the

floor --

COMMISSIONER DAVIS: I can't hear. I

can't hear.

THE REPORTER: I can't hear either.


CHAIRWOMAN WEFER: -- if I could speak,

I would be more than happy to put my thoughts on the

record. Director Garcia has been interrupting me,

so I am happy to speak --


CHAIRWOMAN WEFER: I will continue --


CHAIRWOMAN WEFER: -- so for the

record, I would like to read into the record the

article number of the certified letter, return

receipt requested, that was sent to Director Garcia

on July 24th and signed for on July 25th. That is

70120470000165970926.


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Documents

Hoboken Housing Authority Special Meeting 8-04-14