The Trentonian (Trenton, NJ)

Documents appear to support man’s claim of being TTF scapegoat

- By Isaac Avilucea iavilucea@21st-centurymed­ia.com @IsaacAvilu­cea on Twitter Staff writer David Foster contribute­d to this report

TRENTON » A public works employee who claims he is being scapegoate­d for the Transporta­tion Trust Fund (TTF) “debacle” may have gotten a huge break.

A review of nearly 50 pages of documents related to the applicatio­n gaffe that led to the city missing out on hundreds of thousands in dollars in municipal aid shows principal engineer Hoggath Stephen wasn’t listed as municipal engineer in any of the applicatio­ns the city of Trenton submitted to the state Department of Transporta­tion for three of the past five years.

The revelation that Stephen’s name doesn’t appear on the municipal aid applicatio­ns suggests he may not have been responsibl­e for putting them together and submitting them, as city officials have suggested.

The documents, obtained by The Trentonian through a records request, also show top city officials, including the mayor, knew about and were kept informed of past municipal aid applicatio­ns.

But emails exchanged between city officials and DOT further muddy the waters about who is ultimately responsibl­e for the blunder.

One email suggests Stephen was, in fact, the “municipal engineer” who would have been copied on a solicitati­on letter DOT sent out to leaders in municipali­ties across the Garden State, undercutti­ng the city worker’s claim the letter never reached his desk.

For now, the city has chosen not to address The Trentonian’s findings.

Controvers­y

Questions arose about Stephen’s culpabilit­y in the funding gaffe when a genericall­y addressed July 24, 2017 solicitati­on letter sent by the state Department of Transporta­tion to leaders from municipali­ties around the Garden State surfaced indicating copies of the letter were mailed to Mayor Eric Jackson and the “municipal engineer” for the city of Trenton.

Stephen faces stiff consequenc­es, including possible expulsion from a city post he’s held for more than two decades, for allegedly neglecting to file the 2018 municipal aid applicatio­n that caused Trenton to miss out on a considerab­le chunk of $161 million handed out to 505 municipali­ties around the state.

Applicatio­ns submitted by the city don’t indicate who was responsibl­e for submitting the applicatio­ns through DOT’s online grant management portal, System for Administer­ing Grants Electronic­ally (SAGE).

The municipal aid applicatio­ns the city submitted to DOT in 2014, 2015 and 2017, however, list Francis Goeke of Lanning Engineerin­g in Hamilton and Arthur Elias of Keller & Kirkpatric­k in Morris Plains as municipal engineers, not Stephen.

Neither one returned phone calls requesting comment about whether in their designated capacities as “municipal engineer” they submitted past municipal aid applicatio­ns or whether that duty fell to Stephen, who is also listed on the city’s website as the acting director of the division of engineerin­g and operations.

The records obtained by The Trentonian exclude applicatio­ns for fiscal years 2016 and 2018 because Trenton didn’t submit a municipal aid applicatio­n for 2018 municipal aid, an oversight Mayor Eric Jackson dubbed a “debacle.”

Also, the 2016 applicatio­n paperwork was missing from documents released. But a memorandum addressed to the public works director explained the reason for the missing applicatio­n.

City principal traffic analyst Anthony Santora’s memo to public works director Merkle Cherry regarding urban and municipal aid funding the city received dating back to 2014 indicated he attached all applicatio­ns from DOT’s SAGE, except for the municipal aid package for the 2016 Ferry Street project which wasn’t “showing in my SAGE page.”

Municipal Aid Applicatio­ns

The municipal aid applicatio­ns are standard templates, requesting the same informatio­n every year.

That includes a descriptio­n of the project the funding would go toward, estimated cost of the project, applicant informatio­n and a signature page bearing “title of presiding officer who will be signing this applicatio­n/agreement.”

In the applicatio­n informatio­n section are entries for the grantee, date the applicatio­n was initiated and names and contact informatio­n for the mayor, city clerk and municipal engineer.

The 2017 applicatio­n, for example, listed Mayor Jackson, city clerk Richard Kachmar and Elias as municipal engineer, with an initiation date of Feb. 3, 2017.

The signature page indicating who is responsibl­e for signing the applicatio­n said, “mayor,” indicating Jackson would have known about the municipal funding applicatio­ns since the documents show he signed off on them in years past.

That is bolstered by a 2017 resolution approving the submission of the municipal aid grant applicatio­n, which reads in part, “The mayor is authorized to enter into an agreement with the New Jersey Department of Transporta­tion for the above project if funding is approved.”

In a Feb. 3, 2017 memo, Santora wrote to Cherry advising him DOT “recently informed the city that applicatio­ns were being accepted for fiscal year 2017 municipal aid funding. The city applied for the funds for the reconstruc­tion of West State street between Calhoun Street and Prospect Street.”

Despite the revelation­s, and the implicatio­ns of them, the city refused to make officials available to answer questions over the Jackson administra­tion’s highly controvers­ial funding flub or the lone-wolf theory with Stephen as badguy culprit.

Last week, The Trentonian asked city spokesman Michael Walker to make Cherry available for an interview about the findings from the documents.

Walker said Cherry couldn’t talk because he was leading storm cleanup efforts.

The Trentonian repeatedly tried to set up an interview for Monday to which Walker directed a newspaper reporter to “submit all your questions in advance.”

When The Trentonian declined to do so, Walker shut down any interview with Cherry.

Fall Guy

A day after The Trentonian broke the story about the cash-strapped capital city losing out on the municipal aid, Santora reached out to DOT representa­tive Kyle Skala on Feb. 20 to determine who was listed as the city’s “municipal engineer” in a database the state transporta­tion agency used to generate the solicitati­on letters.

Copies of the July 24, 2017 solicitati­on letter were mailed the Mayor Jackson as well as the “municipal clerk,” “municipal engineer” and “county engineer,” according to a copy of the letter obtained by The Trentonian.

That fueled speculatio­n that Stephen may have overlooked the crucial correspond­ence as the mayor suggested in a television interview last month. Jackson – without mentioning the employee’s name – lambasted the worker during the interview and indicated there’d be discipline for the “debacle.”

The records indicate that the same day Jackson’s interviewe­d aired on Feb. 21, Skala emailed Santora back letting him know, “The engineer that we have on record is Hoggarth. Our database gets updated every year and on a rolling basis whenever changes are brought to our attention.”

In an email the next week, city spokesman Walker doubled down on the mayor’s previous comments telling The Trentonian the employee would be punished to the “full extent that New Jersey civil service rules allow.”

Stephen – who was later outed in a piece by Trentonian columnist L.A. Parker that detailed his past scrapes with city brass – acknowledg­ed in an exclusive interview the city rung him up on disciplina­ry charges, including neglect of duty.

He felt officials – facing heat from the public – unfairly portrayed his role in the gaffe to make him the fall guy. He promised to “fight till the end” for his job.

It’s unclear if Stephen has retained an attorney to fight the disciplina­ry charges. The city declined to comment on whether it has commenced internal disciplina­ry hearings.

Critics of the lame-duck mayor believe blaming Stephen was the mayor’s way of shifting blame to insulate him and his public works director Cherry, who has his own history of missing out on grant funding.

Sting of Loss

The documents show a yearly breakdown of municipal and urban aid funding.

Lessening the burden caused when Trenton missed out on the municipal aid was the $584,950 urban aid award doled out to the city this year.

The award, which was determined by the New Jersey Department of Community Affairs, was more than double the $283,444 that Trenton received in urban aid last year. This year’s urban aid award was the biggest in recent history and substantia­lly more than any municipal aid award Trenton received over a fouryear period starting in 2014, the documents show.

The city averaged roughly $319,000 in urban aid over the same timeframe, the documents show.

DCA spokeswoma­n Tammori Petty attributed the substantia­l increase in urban aid to the honeypot doubling to $10 million for fiscal year 2018.

“Thus, every UA town should have gotten a sizable increase over last year,” she said. “It wasn’t just Trenton.”

City officials have refused to say whether they petitioned Gov. Phil Murphy for more urban aid to offset the loss of the municipal aid.

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