[Music] Johanna, will you read the statement of compliance? >> The notice requirements of the open public meeting act for this meeting have been satisfied. A copy of the annual meeting notice was sent to the Atlantic City Press, posted on the bulletin board
in the municipal building, the municipal website, and filed in the office of the municipal clerk. Please turn off all cell phones. >> Please stand for the pledge of allegiance. Attention to the I pledge allegiance to the flag of the United States of America
and to the republic for it stands one nation under God indivisible with liberty and justice for all. >> Johanna, please take the role. >> Mayor Collins >> here. >> Commissioner Blumbber, >> I am here. >> Commissioner Horn, here.
>> All right, I will hand the floor off to Scott. >> This is a special session. Is this on? I don't see a red light. >> Hold the button till you have the button. >> There you go. You're good. It's a special session of the governing body of the city of Margate. We are convened
here to consider uh the uh employment actions of CFO Lisa McLaclin. To that end, we have with us William Blay is our labor council that has been involved with this matter. Uh if I understand this correctly and I have it in my hand, Miss
McGlaclin is here. I see her here. She wishes to have this employment situation uh discussed in open session. You do have the right to have this go into close session. Most people do. What What is your pleasure? >> Open, please.
>> You want it open? Okay. With that, uh I'll turn it over to Mr. Blaine. >> So, we're we're here today because this is this. >> All right. So, we're here today because this is a matter involving a CFO and CFO
discipline is handled differently than most other employee discipline. It's handled by the state department of community affairs local government unit. So, what happens is if you're going to file charges against the CFO, uh it has to be done in a very specific manner. Um
charges have to be prepared. The statute doesn't say who can prop propose charges against a CFO. Almost anyone it looks like under the statute could propose charges against the CFO if they have the ability to to
determine that there's been some alleged wrongdoing by the CFO. So the process is the complaint is filed with the Department of Community Affairs local government unit. They will take in the complaint. They'll review it and
99 out of a hundred times they send it down to the New Jersey Office of Administrative Law for a hearing in front of an administrative law judge. That judge will then make a written determination as to whether he thinks the charges were sustained or not. After a hearing where both the complaintant
and the employee could present their cases, call witnesses, have people testify under oath. At the end of the day, that written decision goes back to the Department of Community Affairs to the director of the Department of Community Affairs who will then make the final determination on that. They can
either accept the judge's recommendations, reject the judge's recommendations, or modify them. Um they can also make certain um determinations with regard to lensure because it's a license position and they're in charge of the license. Okay.
So, in the instant case, I I've spoken with the administrator who indicated that he would like to file charges. I have circulated those charges to each of the commissioners or or actually Mr. Moran circulated them about two weeks ago. Everybody saw we were supposed to
come for a close session. Uh approximately two weeks ago, there was a problem with the rice notice. So, the the employee was not notified on time. So, now we're having a special meeting to do that. the employee was away for approximately two weeks, which is why we have this delay. Um, we're here today
just to kind of inform you as to what the process is and what we're doing. Um, Mr. Moran's going to bring the charges. If you've all seen the charges, if there's questions about the charges or you like Mr. Moran to speak on the charges, he's he's available to do that.
Does anybody have any questions for me? >> Yeah, I I have a couple of questions. Um, who prepared the complaints? >> I prepared the complaint based upon information that was sent to me by Mr. Moran. >> By Mr. Moran, >> who factchecked them before they were sent to Lisa's attorney?
>> It was sent to Mr. Moran and he fact checked them. Correct. So, >> Mr. Moran fact checked him. >> Correct. He provided me with emails and other materials which substantiated what he was alleging. So, there were significant amount of emails that he forwarded to me. So I did review them
all. Obviously it's one side at that juncture, right? It's the person providing you with the complaint. So they're only allegations and so they wind up in front of the Department Community Affairs and there's a hearing on it. And did the Morgate City
solicitor review them prior to them being sent to Lisa's attorney? >> I believe yes, they were sent to him as well. >> Solicitor, is that is that the case you No. Did you see them before they went to
Lisa's attorney two Fridays ago? >> I I'm not sure about 14 days, but I know I've seen them. >> It was two Fridays ago attorney. >> It was two Fridays ago when I spoke to you at lunchtime, you said to me you had not seen them. >> Well, at the time I spoke to you, I had
not seen them. >> Okay. Did any of any of the commissioners review them before they were sent? They were sent to Lisa's attorney. >> Yeah, they were all sent to the commissioners the night prior to being
sent to the attorney. >> That's not true. I didn't see them. >> Well, Mr. Moran sent them out by email to everyone. >> They were sent a Friday on Friday lunch time. >> They were sent on Friday at lunchtime. I don't have the date in front of me just so I can correct the record. They were
sent Friday at lunchtime where the email said these went to Lisa's attorney. We will be filing these later on this afternoon. That was the first time we saw them. Scott hadn't seen them. The
understanding is that they had already been sent to her attorney. I just want to try and, you know, be transparent here and understand the time frame. My understanding is that there was an email sent around midnight the night before um from Mr. Moran and I think I was copied
on it. At least he told me he sent it. And so so are you able to tell me whether or not any of the commissioners approved the sending of these complaints to Lisa's attorney?
>> Well, they're not before they were sent. >> I don't know that that I wouldn't know that. I spoke to Mr. Moran. He said they were good to go. So I didn't speak to >> but Mr. Moran said that they were good to go to Lisa's attorney >> and they were sent so you understand they were sent to her attorney as a courtesy copy of what would be filed
>> but but I would have thought that there would have had to have been commission approval for them to go >> well they weren't filed there should be >> to go to her attorney. No, there doesn't need to be there there didn't need >> they were sent they were sent as a
currency copy and a draft >> to her attorney >> to her attorney. They weren't sent this is filed >> without approval of myself, Mike or Kathy. >> My understanding is that they were approved and Mr. Marian's the one who files it. It's not it's not the commission that's filed. >> So your understanding is they were
approved but you're not >> I'm not sure whether they were approved. Can you tell me so just so you know I'm the commissioner of the revenue and finance department of which Mrs. Mccclaclin works >> right
>> where can you tell me where in the Walsh act that my fellow commissioners have any >> I'm not going to give you legal advice in an open session we have close session for that >> so in in the Walsh Act I I'm not asking
for legal advice where do the my fellow commissioners have standing in my department do they have standing Generally under the Walsh Act, the commissioner makes decisions on personnel matters when it involves a
strict personnel matter. >> In this circumstance, it falls under the Department of Community Affairs and there's it's it's pretty clear under the department this statute that anyone can file charges. >> Anybody can file a charge
>> because it's a statuto not on behalf of the city of Marty. You're saying anybody can file a charge, but not on the behalf of the city of Margie. That's why >> especially if the commissioner of the department may or may not be um involved
andor on board. Correct. >> Not anyone like someone can walk off the street or out in the audience on behalf of the city of Margaret, but this is your administrator. >> Okay. Um, can I ask you who authorized the hiring of the private investigator
to investigate the employee in my department and why wasn't I informed? >> You have Mr. Moran. >> So, Mr. Morant, can you answer that question for me? who
authorized the hiring of a private investigator to investigate the employee in my department without my knowledge and/or approval. >> I spoke to our uh QPA qualified
purchasing agent and spoke to him about hiring the private investigator. I also spoke with our solicitor with regard to the legality of hiring that person. >> And was there any commission approval on that? No. No.
>> So, no commission approval on that. So, we spent almost $5,000 in taxpayer money to hire a private investigator for an investigation in which, my understanding is the employee being
investigated admitted to the charge. Is that true? Was she not interviewed by you and asked whether or not she had
gone into the office to look for something on a computer? She was not asked by me. She was asked by the um investigating personnel and she advised that she did go in after hours
used or looked and found the employees ID u his sign on ID and his log on information and impersonated him to open up his computer so she could go inside of it. >> Oh, so she got into the computer.
>> She was denied the two factor. So, she never got into the computer. >> No, it was an attempt. >> Okay. All right. Um, so I I'm going to give you my opinion on the matter as this has been prepared and
done and I have I have been totally shut out as commissioner of revenue and finance. This employee is in my department and this has all been done secretly, if you will, without my knowledge. I've been an
elected official in Margate City for 19 years as commissioner of revenue and finance. I have overseen this department for the past 15 years working with Lisa McLaclin, the employee being discussed
today. Lisa works with me and my department per resolution and the state law. I do not support the proposed actions and was not party to the drafting of these complaints.
In my opinion, what we have here is a true failure of communication. Further, in my opinion, I believe this is a targeted attack of retaliation against a respected longtime
in goodstanding and accomplished employee by my fellow commissioners, facilitated by a freshman administrator as a result of internal complaints filed and her managerial decisions.
Moreover, these AC accusations contradict the opinion of our former veteran business administrator for over 30 years who thought highly of Lisa's work, her work ethic, and her professionalism. Again, these actions
are not supported by me as the commissioner in charge of the department and further I believe cannot move forward without my approval per the statutes laid out by our ordinances and the state's Walsh Act. To do so would be
a travesty of justice, unethical, and more importantly a violation of the public trust. This is an exemplary employee with a great reputation and over a 22year
proven track record unmatched by any CFO in the state. You just don't treat people like this, especially in Margate. And never in my 19 years of service have we operated in
such a fashion. If the commissioners and administrator have an issue, it should be handled internally where it can be heard and properly adjudicated. In fact, on several occasions, I asked
the administrator to just allow Lisa to do her job. That has fallen on deaf ears. Further, when I requested that we hire a mediator to help, the administrator lost his
temper. threatened me and stormed out of the meeting. Lisa and Scott were present and they were shocked at the behavior, the outburst, and the act of insubordination.
In my opinion, certainly not what is expected from a $150,000 a year professional. The incident was documented and now I have a target on my back as well. We used to have an ethics board that
handled matters and disputes such as these. It's not the state. Finally, this complaint is riddled with untruths and was not reviewed by me nor the solicitor prior to being sent as a
threat and ultimatum to Lisa's attorney. Many of the actions listed in the complaints against Lisa were sanctioned and pre-approved by me as the commissioner in charge of the department. These documents are factually incorrect
and need to be rescended. It is my hope that this situation can be resolved internally before we spend thousands of dollars on legal fees and a drawn out fight that could yield millions of dollars in
consequential and punitive damages awarded to the employee should she decide to sue us over these false accusations. That's all I have. Thank you. [Applause] [Applause]
May I respond? >> I guess I can. So, the veteran administrator that you spoke of, and I'm assuming that's Mr. Rich Deany. Um, and I think you've also brought this up previously. Uh, Mr. Deany, um,
>> Mr. Deany has been right noticed, so be careful you say that. >> Not employee. He's not employee, >> right? >> Okay. So, the the former administrator, which was improperly hired, um, which was a violation of the uh public contracts law, who didn't have a
professional services contract. The public was led to believe that he was a savings when in fact, I believe that the city spent almost $180,000 with his private company on top of what he was getting. So, the veteran
administrator, um, I'm not so sure was on the up and up. Um, the several times that you actually said to leave alone were also documented. No point of being at odds with her. You just got to learn
to deal with her. Leave her alone. You won't farewell with with her if you try to discipline her. Um, no investigation or discipline for other employees. and refused to take action for an employee violating policy. There were several
emails and I have them right here. Several times I contacted you via phone and you blocked me from actually conducting an investigation or for me to even bring forward allegations of wrongdoing.
As far as a target on your back in December, I believe December 14th, you came to me about a bid spec that you wanted change because the
company you wanted to get didn't get it. You wanted me to change that and I wouldn't. I contacted the solicitor immediately. You can verify that with him. I sent an email. our QPA was also present and and saw the same thing and
experienced the same thing and actually sent an email to our solicitor as well. So, as far as the target on your back, that has nothing to do with this. That has something to do with your own uh issue in trying to manipulate a bid process. And as a matter of fact, if anybody wants to go back and look at
that meeting, they could see that Mr. Blumbberg actually lost his temper there. We went into close session and not only did he repeat as to why he thought that we should be hiring this, he also admitted that that company
worked in his personal business and clean for his company outside of outside of of Margie, which should have excluded him from even having a vote for it. As far as the charges against the
employee, I have approximately 60 to 65 emails and documentation to prove what I have written or what I've sent to Mr. Blay. With regard to
not being notified, everybody was sent the same email and I believe it was 11 probably 1120 on the night before it was sent to Mr. um or the employees attorney.
For whatever reason, I couldn't get it up on my phone, but that that was forwarded to me after it was forwarded to me by Mr. Blay. We worked on it. Um he contacted me and I sent it right out. So, you were notified. Um
did I discuss the matter with you? Now, you've already attempted to keep me from doing my job. You've harassed me. You have threatened me. And the day that I got up and walked out of the meeting, I advised you simply of that I put you on
notice and you didn't like it. You asked for my resignation because you said that I lied about something which was blatantly not true. I have that email as well. You have been antagonistic
back in December after we did not change the bid specs as you requested. Told me to stop calling you every night that you did not want to talk to me at night at home which cut off communication. And I think at that point I I don't think it's fair I don't think it's even
necessary to go further with this. It's quite obvious to see that um especially in one of these cases you're intric intricately involved. I mean one of these cases we are saying that she had
knowledge that it was illegal to pay an employee without a license and continued to do so for eight months costing about $106,000. That employee is no longer with us. He's he's retired since, but those numbers
were also certified to pension and she's the certifying pension officer and those numbers could be considered inaccurate and you're intricately involved in that whole situation. As a matter of fact, we ended up paying that employee a payout
because you offered him the ability to pay his fine and you were the reason we had to do a settlement for it. You have consistently had issues with me for trying to do the
right thing. Now, you can paint me out the way you want, but there's significant evidence here that points to wrongdoing, and that itself should go to administrative law judge and let them decide.
Thank you. >> That's it. >> Okay. May I have a motion to go into close session to discuss >> one one more thing? I did want to verify something else. When I first got here um as far as management and stuff, I know
Mr. Bumbberg had mentioned something earlier. When I first got here, I was met by multiple employees about a stipen that was taken by our CFO. And that stipen was determined to be
illegal by three different attorneys including our solicitor. And that was approximately I think it was an estimated 8,700. I don't have the exact figures in front of me. Uh but I think she collected 6,300 of it and was
not required to give that money back. She took that money in addition to what she said were her duties to do payroll which falls under the purview of the CFO. It would be like the chief of police
getting paid a stipen to go out and direct traffic. And then not only did she give herself that awarded to herself without approval, you then approved it a month later. From what I understand,
I wasn't here and present for that, so I can't actually testify to that, but I'm being told that you had said that you approved that a month after it was after she implicated or she she put it into place herself. >> You done? Yes.
To go to make motion now. We're going to go into close session to discuss further action. >> There's no public. May I have a motion to go into executive session approving resolution number 258-2025? Motion.
>> Second. >> Mayor Collins. >> Yes. >> Commissioner Blumbberg, >> no. >> Commissioner Horn, >> yes. >> Okay. At this time, I must ask everyone to leave. >> I've never been a place where somebody could stay testify for an attorney.
attorney and say you got to be here for a while. >> All right. Is there a motion to come out of close session? >> Motion. >> Second. >> Mayor Collins. Yes, >> Commissioner Blumbberg. >> Yes, >> Commissioner Horn.
>> Yes. >> There it is. We determined to come out session. >> This will move forward. >> I can let it go now. Okay. Mr. Blay and I will be meet Mr. Blay and I will be meeting with Commissioner Blumbberg
first thing Monday morning. 9:00 >> 10:00. >> 10 o'clock. Uh at at which city hall? Union Avenue, right? And then we will be uh meeting, Laney and I will be meeting the attorney for Lisa at 1:00. Uh the
complaint is basically ready to go, but Commissioner Plumbumber wants to go through some of the provisions with Mr. Blay and maybe make some corrections. Um and then at that point after our meeting we will
unless there's some resolution there uh the complaint will be filed. >> That's it. Is there a motion to adjurnn? >> Motion. >> Second. >> Mayor Collins. >> Yes. >> Commissioner Blumbberg. >> Yes. >> Commissioner Horn. >> Yes.