TIPPING POINT
Infighting in Hamilton government comes to a head as police are called following encounter in CFO’s office
HAMILTON >> It has gone from bad to worse.
The internal conflict within Republican Mayor Kelly Yaede’s administration reached the tipping point this week when Hamilton Township Chief Financial Officer John Barrett filed a police complaint against two colleagues.
Mayoral Chief of Staff Marty Flynn and Hamilton Business Administrator Dave Kenny approached Barrett on Wednesday and demanded he turn over his township-owned computer. Barrett “absolutely refused” to surrender his computer and then left the municipal building, officials said.
Instead of cooperating with the administration’s demands, Barrett left town hall to file a criminal complaint against Flynn and Kenny. It was not immediately clear whether Barrett voiced the complaint through a 9-1-1 call or if he had formally filed a complaint at the Hamilton Police Division.
Colin Bell, the private attorney representing Barrett, on Thursday confirmed that “there was an encounter with Mr. Kenny where he came in Mr. Barrett’s office. A report was made to law enforcement.”
Bell declined further comment on the encounter but said there is “an unusual amount of dysfunction in the municipal government there.”
Kenny said the administration had “reasons to want to take possession” of Barrett’s computer, which is “township property,” he said. He would not give further information on why the administration wanted Barrett’s computer.
Wednesday’s tense encounter at town hall is the latest and perhaps most inflamed encounter involving Barrett and other Yaede administration officials.
Kenny last month served Barrett with administrative charges accusing the CFO of dishonesty and “reckless” job performance, The Trentonian previously reported.
Barrett last month filed a state ethics complaint alleging Kenny and township employee Richard J. Mulrine, Yaede’s brother-in-law, had both provided unauthorized approval on two recent purchase orders, including nearly $5,000 in reimbursements to the mayor for hotel lodging expenses she had incurred.
In a Dec. 13 email, Barrett contacted officials in the New Jersey Department of Community Affairs’ Division of Local Government Services with explosive allegations. Barrett accuses Mulrine of “theft of time” in that email and said he reported the alleged matter to the Mercer County Prosecutor’s Office. Barrett also issued no-holdsbarred commentary on his
perception of Kenny and Flynn.
“What I am witnessing in Hamilton has never been seen before in any town I have ever worked,” Barrett said in the email to three DCA officials, according to a copy obtained by The Trentonian. “Dave Kenny has experience as a councilperson and Marty Flynn ‘Chief of Staff’ worked as a coach for schoolboards. They are walking around like thugs threatening me and others who don’t comply with their directives which are contrary to state law. I will continue to stand up against this and appreciate having your team to reach out to in times like this.”
Kenny and Flynn declined to talk about the internal conflict within the Yaede administration Thursday, saying they cannot really discuss “personnel matters.”
Barrett has been slapped with a preliminary notice of disciplinary action by the Yaede administration. The administrative charges accuse Barrett of doing his job in a “reckless” fashion, alleging the CFO made false statements about the township’s finances. The charges also accuse Barrett of erasing his calendar entries “in violation of township policy” and using his township-issued cellphone for personal calls “in violation of township policy.”
“All of the alleged administrative charges against Mr. Barrett are false,” Bell said of his client. “There is no basis for them. I believe they are retaliatory because he has blown the whistle on improper conduct in the township. We believe he will ultimately be exonerated of any charges.”
When Kenny and Flynn approached Barrett Wednesday at the municipal building, the encounter lasted “probably less than 30 seconds,” according to the business administrator, who said Barrett left the building “unbeknownst to us.”
After Barrett filed a complaint with the Hamilton Police Division, officers responded to town hall and spoke with Flynn and Kenny about the encounter, according to Kenny, who said he had not yet seen a copy of the complaint as of Thursday afternoon.
Neighborly dispute
While the infighting continues within the Yaede administration, Robbinsville Mayor Dave Fried said the situation is “very concerning.”
Robbinsville is currently engaged in tough negotiations with Hamilton Township over the sewer service that Hamilton provides to Robbinsville. Fried said Robbinsville is being asked to pay too much under the shared services agreement, saying Robbinsville helped finance millions of dollars in sewer utility improvements that were supposed to reduce flow and therefore reduce the costs of operation.
Instead of issuing a payment reduction, Fried said, Hamilton has instead raised the costs and is asking Robbinsville to pay substantially more for sewer service than what Robbinsville had been paying in the recent past.
“It’s my view that we were undercharging Robbinsville,” Kenny said of the shared service sewer payment dispute between the two towns. “I don’t think the current system has been fair to Hamilton and we are trying to resolve it through negotiations. I think we are close at reaching a new arrangement. Mayor Yaede is looking out for her ratepayers; Mr. Fried is looking out for his ratepayers. That’s why we hope we can come to a mutual agreement.” Robbinsville is not rushing to make any new agreements while the Yaede administration is engaged in ongoing infighting. Barrett in 2017 filed an employee complaint against Yaede alleging “she has created an unsafe workplace and an environment not free of harassment.” “At this point we have decided we are going to sit back and wait and see what kind of happens with the administration versus CFO issue,” Fried said in an interview earlier this week. “It is a little concerning.” Barrett in a Dec. 27 email contacted a Robbinsville Township official and threw his Yaede administration team under the bus concerning the sewer payment dispute. “Can you let me know what payments you have made for the 2018 year to Hamilton,” Barrett said in the email to Robbinsville Township employee Deborah Bauer. “Mr. Kenny is withholding information from the finance department and I have to verify information with you directly. Please send me any correspondence you may have received from his office since Oct. 1, 2018, along with any payments you have made to us. Thanks in advance.” The Trentonian obtained a copy of that email and asked Fried for comment. “In all of the years I have been mayor,” Fried said, “I have never seen a correspondence like that. I have never had a CFO send an email saying the administration has withheld information from the CFO.” One of the administrative charges against Barrett accuses him of calling Fried and speaking to the Robbinsville mayor on financial matters. “I haven’t spoken to John Barrett,” Fried told The Trentonian in a recent interview. “I don’t believe we have ever spoken.”