Housing Board Majority Seeks to Terminate Executive Director's Contract
A last minute resolution was put forward at a Hoboken Housing Authority meeting on Thursday night, in which chairman Jake Stuiver and his allies on the board proposed to terminate Executive Director Carmelo Garcia's contract.
Hoboken Housing Authority Chairman Jake Stuiver and his allies on the HHA board proposed a resolution to terminate Executive Director Carmelo Garcia's contract on Thursday night, in what appears to be an ongoing struggle about who has the power to hire professionals at the Housing Authority.
Ultimately, both parties agreed to renegotiate some terms of the contract in the coming 90 days, according to several people who attended Thursday's meeting.
The executive director's contract — Garcia is currently two and a half years into his five year contract at an annual salary of $150,000 — can only be terminated unilaterally by the Housing board 120 days before the end date of the contract, Garcia as well as Commissioner Eduardo Gonzalez said.
Another way to terminate the contract is to present a "cause." In that scenario, the board has to provide the director with a 30 day notice of that cause, said Garcia.
Stuiver proposed the termination in a last minute resolution on Thursday night. The day before, Garcia had received a Rice notice for job separation.
The members of the HHA majority — Stuiver, Councilman David Mello, High School Track and Field Coach Judy Burrell and former council candidate Greg Lincoln, who all support Mayor Dawn Zimmer — want to change the clause in Garcia's contract that he is the sole appointing power of the HHA, when it comes to professionals such as lawyers and auditors.
Mello said that he has no intention to replace Garcia as the executive director, but that he wants to change some of the terms regarding the procurement process.
"I don't think a hired employee should have that type of power," Mello said. But, he added, "we don't want to get rid of (Garcia)."
Burrell and Lincoln were both contacted, but neither were reached.
According to his contract — which was approved by the Hoboken Housing Authority Board — Garcia is due for a salary increase in September.
"I don't believe there's a cause," said Gonzalez on Friday afternoon. Gonzalez said he wasn't aware before the meeting of the resolution to terminate Garcia's contract.
Stuiver was contacted for comment five times by phone and twice by text message on Friday, but didn't answer or return any messages.
Garcia, in a follow up interview on Friday, said he is willing to negotiate with the board members.
"I want to hear them out," Garcia said, "listen to their concerns."
On Thursday night, after giving Garcia 10 minutes to defend his position, Stuiver called for a recess to talk to Garcia and his lawyer, Gonzalez said, recounting the prior evening's events.
Afterward, Stuiver proposed to withdraw the resolution and enter into negotiations, Gonzalez said.
Gonzalez said that ten minutes wasn't enough for Garcia to defend himself.
"You have to respect the position," Gonzalez said. "You may not respect the man, but you have to respect the position."
mcgato
6:04 pm on Friday, March 15, 2013
Claire,
Here is a link to Garcia's contract.
http://www.hobokenhorse.com/2013/02/breaking-hha-ed-carmelos-garcias_11.html
Really good journalism to ask Garcia and his supporter for details on the contract, get incorrect information, and print it as though it is true without any checking of facts.
Article IX: Termination
This contract may terminated as follows:
(c) Unilateral termination by the Authority upon not less than 120 days notice;
That's just a little bit different that what is in the article, which then implies that the termination is for cause. Try to do a little better than misleading people via your "news" site.
DaHorsey, SmartyJones of MSV
2:52 pm on Sunday, March 17, 2013
Correct, Garcia is at $157,500 rising to $165,000 on September 1.
The headline and story is inverted as there was a resolution on terminating the contract but it was never introduced for a vote but withdrawn after a recess discussion.
More to come with video from the meeting:
http://www.hobokenhorse.com/2013/03/hha-executive-director-contract-subject.html
Ojo Rojo
2:49 pm on Sunday, March 17, 2013
Based on that contract, if the board is dissatisfied w/ his performance then they should just get rid of him already. He serves at the board's pleasure and I can't imagine anyone is pleased w/ him or the spectacle that he and his supporters have become.
demosthenes
2:49 pm on Sunday, March 17, 2013
I guess that means Garcia and Gonzalez lied to Claire about the contract. Presumably the fact that they lied to Claire will me discussed in her follow up story in which she corrects the misinformation that she was tricked into disseminating.
We're all waiting with bated breath.
HudsonStreet
2:52 pm on Sunday, March 17, 2013
If I am not mistaken the HHA Board have finally got Mr. Garcia's attention.
DaHorsey, SmartyJones of MSV
2:52 pm on Sunday, March 17, 2013
Btw, I believe a Rice notice is required 48 hours in advance of meeting. So the notice had to have been issued earlier than a day in advance. Otherwise, it would not be legal.
FAP
2:49 pm on Sunday, March 17, 2013
" can only be terminated unilaterally by the Housing board 120 days before the end date of the contract, Garcia as well as Commissioner Eduardo Gonzalez said. "
.
Then Garcia and Gonzalez either can't read or are lying. Claire do you fact check anything?
pdq
2:49 pm on Sunday, March 17, 2013
Carmelo Garcia was not a sitting executive director when he was awarded his 5 year contract.
According to HUD rules, Only sitting Executive Directors can be awarded a 5 year contract. All others can only be awarded a 1 year contract.
If HUD rules are true, It would seem that Mr. Garcia has been working for more than a year and a half without a contract. According to HUD rules, Employees in HUD working without a contract in these cicumstances, retain the terms under the expired contract and must be given 120 notice to terminate the prior contract.
If the HUD rules are to be taken as written:
Why did the HHA attorney allow the board ot enter into a contract that is not permissable by state/federal HUD law?
WHy did Mr. Gonzalez and others inappropriately approved a contract that was not legal within the HUD rules.
WHy would HHA want an attorney who, according to HUD, acted in conflict of interest?
In HUDs letter it near demanded that the HHA board deal with the procurement problems it has. Garica is the sole person responsible for procurement issue, under his expired contract. The board must give 120 days to terminate the current contract with the ED and enter into a new contract removing the procurement claus, to follow HUDs decision.
The is no need for cause, as such only requires 120 notice of terminating the terms of the contract.
Why is Garcia against following HUD recommendations, HUD contract Law and HUD procurement procedures?
CuriousGal
2:49 pm on Sunday, March 17, 2013
Interesting that Judy Burrell-- a HHS teacher who failed to attend her class of special education students for over 75 times during the 2011-2012 school year is in position to make a judgment on anyone.
What is going on at the HHA is the typical manner in which "reformers" have tried to take control of every aspect of the city. Pick a person, make accusations and non-issues primarily via legal technicalities, and then go about a character assault by the zombies online. Nothing new here at all.
cassandra
2:49 pm on Sunday, March 17, 2013
Power corrupts, absolute power corrupts absolutely
HudsonStreet
12:42 pm on Monday, March 18, 2013
Wise words for Carmelo Garcia to ponder.
lorraine morgan
2:49 pm on Sunday, March 17, 2013
burrel and lincoln owe it to the good tenants at HHA to give their reason for wanting to change the contract.
FAP
12:42 pm on Monday, March 18, 2013
Perhaps it has something to do with HUD finding that Carmelo Garcia has employed a "legally flawed" procurement policy and the board is no longer comfortable delegating to Garcia sole appointing authority.
puzzledone
3:39 pm on Monday, March 18, 2013
Might have something to do with the misrepresentation of the contract as providing the only legal option to reappoint a lawyer with a severe conflict of interest. Being lied to like that would make me want to change the contract so I couldn't be lied to again.
cassandra
2:49 pm on Sunday, March 17, 2013
Read todays Hoboken Reporter for a balanced report on the meeting.
Outofcontrol
2:49 pm on Sunday, March 17, 2013
The "termination" actually is for "cause" The "cause" being that Mr. Garcia refuses to be a puppet for Zimmer and her Zombies.
Instead of embracing someone who rose from the projects, earned his degrees from respectable institutions and has been transforming the Housing Authority into a place where tenants are respected for more than their ability to produce votes, the Zimmer Zombies have been given their marching orders to open up the contracts so that political hacks can be rewarded for campaign contributions both here and statewide. Why didn't the Zombies question the inherent conflict of interest that was created when a Commissioner was appointed who serves as a teacher under the Board of Education on which Mr. Garcia sits? Is it at all possible that the Commissioner has an ax to grind? If such a conflict was created by anyone other than Zimmer (and her buddy the Governor), the Zombies would be wailing and gnashing their teeth, Yet, all we get is silence.
I think it's time for the feds to come in and see if there is undue political pressure being placed on the Zimmer Commissioners and if so, they should take appropriate action.
HudsonStreet
12:42 pm on Monday, March 18, 2013
Sadly Beth Mason and her protege Tim Occhipinti have again aligned themselves with the extreme negativity of people like outofcontrol and the Russsos.
The loss of their ability to hire votes from the HHA would severly hurt their chances in Novemeber.
FAP
12:42 pm on Monday, March 18, 2013
6:56PM Sunday 3/17/2013
.
Actually it's not for cause. Below is the section of Carmelo Garcia's contract that covers the discontinuation of the contract. Section C is the bit you're looking for. Enjoy.
.
ARTICLE IX
.
TERMINATION
.
This contract may be terminated as follows:
(a) By mutual agreement;
.
(b) By Mr. Garcia in the event of a breach by the Authority of the terms and conditions of this agreement;
.
(c) Unilateral termination by the Authority upon not less than 120 days notice;
.
(d) By the Authority for cause but Mr. Garcia shall be served with a written complaint setting forth charge or charges with NOTICE of a designated hearing to be held before the Commissioners of the Authority not less than nor more than 30 days from the date of service of the Complaint.
puzzledone
12:41 pm on Monday, March 18, 2013
Nothing to do with over a quarter million dollars of elevator cab floors, shady bidding processes, near criminal conflicts of interest now verified by the HUD big bosses, inability to fireproof buildings or raise a generator given far too much time, shoving overdevelopment plans under the radar, or massive numbers of $40 a month campaign workers?
Sting Ray
12:42 pm on Monday, March 18, 2013
During Hurricane Sandy, there were six generators for six buildings that were out of commission, creating a critical fire hazard for the HHA residents. Jake had to call a fire watch and have the HFD positioned at the housing authority, costing $100,000. When Carmelo was asked on why the generators were not working, he gave several bizarre excuses which didn't answer the question - it was crazy; the generators were flooded; the inspectors found them like that; it's a personnel issue and he couldn't talk about it, etc. No answer as to why they weren't operational and positioned at higher ground before the storm. What about a list of HHA employees? Has Carmelo ever provided it to the commissioners? He has the gift of gab, but not a shred of accountability.
Outofcontrol
2:20 pm on Monday, March 18, 2013
So, I should assume that none of you Zombies have any problem with the possible conflict of interest that exists between the teacher and the Director? All I see here are diversions. I love the strategy...Zimmer's conflicts may be bad but everyone else's are worse. Gotta love Reformers, especially when they are worse than those they are "reforming".
puzzledone
3:03 pm on Monday, March 18, 2013
Did Carmelo recuse himself from any discussions involving the educator in question? When this didn't happen, were you and CG discussing the conflicts there?
I'm much more concerned with the conflict of interest where an attorney is representing that it is illegal to hire anyone but himself. What I generally ask myself is what would happen if the conflict was removed. Would another commissioner, not under Carmelo's employ reasonably have the same concerns? Would another attorney looking at Daglian's actions have concerns about what happened here. We know the answer to Daglian's conflict from corporation counsel and the HUD is that he was severely conflicted.
cassandra
3:03 pm on Monday, March 18, 2013
hypocrites all
pdq
3:46 pm on Tuesday, March 19, 2013
A superintendent oversees a teacher. There is no conflict of interest amongst the director and a teacher.
Does the teacher work for or lives in the HHA?
COme to think of it, based on your conflict of interest concerns, should housing authority residents sitting on the board be allowed to vote on the directors requests? Clearly, the Executive Director of hte HHA has DIRECT control over such members homes. Based on your case, should those residents be confllicted out?
Outofcontrol
11:29 am on Tuesday, March 19, 2013
Here we go again...Zimmer Zombies, deflect, deflect, deflect!!!
puzzledone
1:48 pm on Tuesday, March 19, 2013
What do you mean deflect? Is my question not a reasonable assessment? Why is Carmelo Garcia working on Judith Burrell's contract and employment issues without recusing himself any different than Judith Burrell working on Carmelo Garcia;s? Yet you seem to have a problem only with one of the two...