SAVE CRESSKILL FIRST AID

Not the same Squad

2006-08-07T07:05:00.000-07:00

Just for clarification, the new ambulance squad in Cresskill is NOT the former squad that has been reinstated. The name has been changed on both the ambulance and the building, and few, if any, of the former members of CVFAS,Inc are riding on that squad. Thanks again for all your support over the past year.

First Day in Federal Court

2005-10-27T09:09:00.000-07:00

The "real" CVFAS, Inc. had its first day in Federal Court and got mixed results. The judge did not let us go back in service immediately, nor did he grant the borough's motion to dismiss. At this point our case is still in federal court, and we hope that it remains there; the judge obviously was bothered by some of the facts, specifically that the police forced resignations from Squad members. He agreed that a $1000 gift was not a crime, he directed that the defendants return our financial records, and he has given us an opportunity to put more facts and law into the record to flesh out our case.

Here is how our lawyers put it:

“Yesterday, Judge Dickinson Debevoise, a United States District Court judge in Federal Court in Newark, heard the Squad's motion for a preliminary injunction. After having reviewed extensive papers submitted by the parties, and hearing two hours of oral argument, the judge ultimately denied the Squad's request for injunctive relief. He ruled that the Squad was unlikely to prevail on the merits of its federal court claims due to legislative immunity, which cloaks the Borough and Council in immunity from claims even if their actions were not appropriate. Thus, even if the Squad's federal claims have merit, the judge determined that the Borough and Council's immunity protects them from suit.
The judge declined to hear the defendants' motion to dismiss, instead converting it to a motion for summary judgment. In a motion for summary judgment, a court determines whether there are any relevant factual disputes between the parties; if there are significant factual issues remaining, the summary judgment motion is denied and the case continues through discovery and trial. Additionally, the judge can rule on purely legal issues that do not require further factual development through discovery. He asked that the parties submit to the Court any additional information necessary to decide the remaining motion for summary judgment, within two weeks. “

COURT PAPERS FILED

2005-10-19T10:33:00.000-07:00

On October 24, the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY will render a preliminary judgment regarding our case.

Here are a few excerpts from the POST, POLAK, GOODSELL, MacNEILL & STRAUCHLER, P.A. reply to the defendants (Cresskill Mayor & Council et al.) brief:

“What the defendants have done is to concoct a series of arguments, both at the time the Squad was dismissed and thereafter, to cover up the real reason for terminating the Squad. For example, defendants claim throughout their papers, as if it is established fact, that the plaintiffs “misappropriated” funds in violation of various laws. They purport to rely on the opinion of an auditor in making these accusations –- but the auditor did not make this claim. Moreover, no charges have been filed, no indictments handed down, and no convictions secured that would support these blanket accusations of the Squad’s “guilt.”

Further, defendants fail to respond to plaintiffs’ point that the Squad’s pattern of expenditures is followed by first aid squads around the country, and in fact followed by Cresskill’s own fire department. This “selective enforcement” also underscores the perception that defendants’ official reasons for dismissing the Squad are simply a cover up for the real reason.

A third example, a small but telling episode that plaintiffs will rebut vigorously because it reveals a conspicuous lack of truth telling by defendants, concerns the changing of the locks on the Squad building. While the defendants claim that it was necessary to change the locks because the Squad members themselves had changed the locks previously, in fact there is documentation to show that the Borough was given keys to the building, and that several other Borough employees also had keys – including one of defendants’ current affiants. The Borough’s action in changing the locks just before the June 1, 2005 meeting, and the additional information the plaintiffs put before the Court, reveals that the Borough’s action accomplished precisely what the plaintiffs originally argued: it was an efficient way to terminate the Squad prior to any semblance of due process.” (Pages 2&3)

And from Pages 4 & 5:

“First and foremost, the auditors on whom the defendants rely for their accusations of financial irregularities did not find that the plaintiffs’ expenditures (wedding gifts, food, etc.) were objectionable. Second, nowhere do the defendants respond to the fact that the Cresskill Fire Department, as well as first aid squads around the country, make precisely the same expenditures, and are not vilified as a result.
Third, while defendants cite the “Driver only” and LOSAP issues as if they were reasons to dismiss the squad, in fact these are irrelevant arguments dredged up after-the-fact to support a weak case. Fourth, while the defendants contend that the new squad is better than the old squad, their allegations about both squads are so incoherent and factually inaccurate that it is evident this argument, too, was trumped up after-the-fact to justify what was in fact a political basis for firing the Squad.”

PETITION WEBSITE TEMPORARILY CLOSED

2005-10-05T06:32:00.000-07:00

Due to significantly increased bogus and childish entries in the past two days, we have decided to temporarily close our petition. Once the technical issues have been resolved, we will restart the petition. Thank you for your patience and support.

Councilman Brigley Resigns and Court Date Set

2005-09-29T10:49:00.000-07:00

As reported by the Suburbanite, citing "increased family and work obligations", Cresskill Councilman Keith Brigley has resigned from his council post. Ex-councilman Brigley was the liaison to the First Aid Squad from January 2005, when he took office, until we were thrown out by Mayor Romeo and his Council in June 2005.

We have a preliminary court date set for October 24, 2005, in the Newark Federal Court. A preliminary motion and corresponding affidavits have been filed. Excerpts will be posted in the coming weeks.

Petition NOT Anonymous Message Board

2005-09-06T04:55:00.000-07:00

You may have noticed the words 'line voided' or 'pending approval' on our PETITION. This is because our petition is just that - a list of names in support of a cause, NOT an ANONYMOUS message board. From this point forward duplicate signatures and anonymous signatures (ie: Citizen, Someone, etc.) will not show on our petition.

Thank you for your continued support. We will keep you posted as thing progress.

Concerned Citizen's Letter to the Suburbanite

2005-09-01T07:47:00.000-07:00

The following is a letter to the editor printed in the August 31 issue of the Suburbanite from one of the many concerned citizens of Cresskill.

RESTORE TOWN’S TRUST IN SQUAD

TO THE EDITOR:

On Friday Aug. 12, I was at the Cresskill Pool when an elderly woman collapsed by the pool. The lifeguard staff responded and attended to the woman and the ambulance was summoned.

After waiting some 25 minutes for an ambulance the Demarest ambulance arrived and took the woman off to the hospital.

I find it appalling and unacceptable that this woman waited 25 minutes for an ambulance when her life was at stake. Late last week this woman passed away. One can only wonder if the delay made the difference.

In June Mayor Romeo disbanded our ambulance corps. At the time he claimed the people on the squad were corrupt and in order to better serve the residents his action were necessary.

How was this woman who waited 25 minutes better served? Why when the town has a stable First Aid Squad that was answering all of its calls was this necessary?

I felt better knowing that we had people like Carl Wallin and Cliff Cernek who were there for us at a moment’s notice. You could count in them to be there with their expertise and their willingness to help. Now we don’t even know who the volunteers are. I don’t feel safe anymore.

The members of the First Aid Squad deserved the benefit of the doubt for the hours they put in and the risk they took for all of us. Even if what Mayor Romeo said was true (which I doubt), it still did not justify the Draconian measures he took.

Between the Cresskill fireman who was suspended and the Cresskill Volunteer First Aid Squad the mayor is for some reason out to destroy our emergency services. In this day of terrorism and the aging nature of our population one would think we need all the highly trained and experienced volunteers we can get.

I know the squad has filed a lawsuit against the town and as a taxpayer I believe his actions are going to cost the taxpayers a lot of money in legal judgments. The council should override the mayor and immediately restore the Cresskill Volunteer First Aid Squad so we can get things back to normal in this town and perhaps protect our tax rates.

These dedicated volunteers who simply want to serve this community should be praised and not treated like criminals.

I would encourage all the residents of Cresskill who have ever used the Cresskill Volunteer First Aid squad to voice their support to our volunteers and demand the mayor and council take action to again make us safe.

Kathleen KissaneCresskill

150 Signatures and Growing!!

2005-08-17T04:55:00.000-07:00

Thank you to all those who have showed your support by signing our petition!! To date we have 150 signatures. If you haven't already added your signature, please show your support by visiting our petition website at http://www.petitiononline.com/CVFAS/petition.html . Or you can get there by clicking on the link at the right. Thanks again for your interest and support!

Cresskill Loses in Court in Volunteer Fireman's Case

2005-07-28T21:03:00.000-07:00

A Bergen County Superior Court judge granted an injunction reinstating Kevin Peter to the volunteer Cresskill Fire Department and ordered Cresskill to reinstate Kevin as an active special police officer. At one point in the hearing, Judge Harris scolded Cresskill, stating "Is the federal civil rights law just a rumor in Cresskill?"

Help Support the Squad with a Sign

2005-07-25T10:59:00.000-07:00

If you want to get a 'SaveCresskillFirstAid.com' sign for your front lawn, just send an email to info@savecresskillfirstaid.com

Why We Created This Site

2005-07-17T11:02:00.000-07:00

Welcome to our blog site. We have created this site to help people understand the situation between the Cresskill Volunteer First Aid Squad, Inc, and the Mayor and Council of the Borough of Cresskill. Many concerned citizens have said that they wanted to hear our side of the story. Well... Here it is.

We will periodically update this site with current events as the saga continues, provide some pertinent background information and answer as best as we can the slanderous allegations that have been thrown at us. We may be somewhat limited as to what we can post due to possible legal actions.

It has been said that you can't fight town hall, but when town hall brings the fight to you, you have to stand up. So here we stand.

Please feel free to email your questions, comments and concerns to us at info@savecresskillfirstaid.com. We will do our best to answer your questions.

Thank you for your support and concerns over the fate of the once volunteer ambulance squad in Cresskill.

Cresskill Volunteer First Aid Squad, Inc. Sues the Mayor and Council

2005-07-17T11:00:00.000-07:00

David M. Payne, Esq. (DP4291)
1 Viking Village, Suite B
P.O. Box 1304, Route 94
McAfee, New Jersey 07428
(973) 823-9400
Attorney for Plaintiff Cresskill Volunteer First Aid Squad, Inc.

David L. Epstein, Esq. (DE1536)
POST, POLAK, GOODSELL, MacNEILL & STRAUCHLER, P.A.
425 Eagle Rock Avenue – Suite 200
Roseland, New Jersey 07068-1717
(973) 228-9900
Attorneys for Plaintiffs Cresskill Volunteer First Aid Squad, Inc.; New Jersey State First Aid Council, Inc.; Carl Wallin and Peter Olivieri

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

CRESSKILL VOLUNTEER FIRST AID SQUAD, INC.; NEW JERSEY STATE FIRST AID COUNCIL, INC.; CARL WALLIN and PETER OLIVIERI,

Plaintiffs,
vs.

BOROUGH OF CRESSKILL; BENEDICT ROMEO, individually and in his official capacity as Mayor of the Borough of Cresskill; W. KEITH BRASSEL, individually and in his official capacity serving on the Council of the Borough of Cresskill; JAMES CLEARY, individually and in his official capacity serving on the Council of the Borough of Cresskill; JOHN MCCANN, individually and in his official capacity serving on the Council of the Borough of Cresskill; CAROLYN R. SCHULTZ, individually and in her official capacity serving on the Council of the Borough of Cresskill; THOMAS W. THOMASMA, individually and in his official capacity serving on the Council of the Borough of Cresskill; KEITH BRIGLEY, individually and in his official capacity serving on the Council of the Borough of Cresskill; ARTHUR MCLAUGHLIN, individually and in his official capacity as Deputy Police Chief of the Borough of Cresskill; NORMAN SAUNDERS, individually and in his official capacity as Detective Sergeant for the Borough of Cresskill Police Department; and JOHN DOES 1 through 25,

Defendants.
:
: : : : : : : : : : : : : : : : : : : : : : : : : : : :

CIVIL CASE NO. 05CV3294(DRD)

Civil Action

VERIFIED COMPLAINT AND JURY DEMAND

Plaintiffs, Cresskill Volunteer First Aid Squad, Inc., (“Squad”), at P.O. Box XXX, Cresskill, New Jersey, 07626; New Jersey State First Aid Council, Inc. (“NJSFAC”), at 601 Bangs Avenue, Suite 400, Asbury Park, New Jersey 07712; Carl Wallin, residing at 41 Stelfox Street, Demarest, New Jersey 07627, and Peter Olivieri, residing at 369 Jefferson Avenue, Cresskill, New Jersey 07626, by way of Complaint against defendants, say:
NATURE OF ACTION
This is an action brought pursuant to 42 U.S.C. §1983, and various causes of actions under state law, requesting among other things preliminary injunctive relief restoring the plaintiff Squad to its rightful position as the designated volunteer first aid squad in the Borough of Cresskill. This lawsuit is in response to an series of unlawful actions taken by the Borough of Cresskill and the individual plaintiffs summarily removing the Squad from its duty as the provider of emergency first aid services to the citizens of Cresskill and dismantling both its membership and leadership.
JURISDICTIONAL STATEMENT
This action is brought pursuant to 42 U.S.C. §1983 and various claims under New Jersey law. Jurisdiction is founded on 28 U.S.C.A. §§1331 and 1343 and the supplemental jurisdiction of this Court under 28 U.S.C. §1367 to consider claims arising under State law.
Venue in this Court lies pursuant to 28 U.S.C. §1391(b).
PARTIES
The Squad is a not-for-profit corporation, organized under the laws of the State of New Jersey, by virtue of a Certificate of Incorporation filed with the Secretary of State on June 29, 1982.
The NJSFAC is a 501c(3) corporation, organized under the laws of the State of New Jersey, and an association of approximately 400 not-for-profit first aid squads in the State of New Jersey. The NJSFAC assists these squads with operational issues; promotes training; provides infrastructure for mutual aid; and promotes the interests of squads through advocacy.
Plaintiff Carl Wallin is a member and former officer of the Squad.
Plaintiff Peter Olivieri is a member of the Board of Trustees of the Squad.
Defendant Borough of Cresskill (“Borough”) is a municipal corporation located in Bergen County, New Jersey, with its business address at 67 Union Avenue, Cresskill, New Jersey 07626.
Defendant Benedict Romeo, residing at XXX XXXXXXX XXXXXXX, Cresskill, New Jersey 07626, is the current Mayor of the Borough of Cresskill and has served in that capacity since 2000. He is sued individually and in his official capacity.
Defendant W. Keith Brassel, residing at XXX XXXXXX XXXXXXX, Cresskill, New Jersey 07626, presently serves on the Borough Council. He is sued individually and in his official capacity.
Defendant James Cleary, residing at XXX XXXXXXXX XXXXXX, Cresskill, New Jersey 07626, presently serves on the Borough Council. He is sued individually and in his official capacity.
Defendant John McCann, residing at XXX XXXXXX XXXXXXX XXXX, Cresskill, New Jersey 07626, presently serves on the Borough Council. He is sued individually and in his official capacity.
Defendant Carolyn R. Schultz, XXX XXXXXX, Cresskill, New Jersey 07626, presently serves on the Borough Council. She is sued individually and in her official capacity.
Defendant Thomas W. Thomasma, residing at XXX XXXXXXX XXXXX, Cresskill, New Jersey 07626, presently serves on the Borough Council. He is sued individually and in his official capacity.
Defendant Keith Brigley, residing at XXX XXXXX XXXXXX, Cresskill, New Jersey 07626, presently serves on the Borough Council. He is sued individually and in his official capacity.
Defendant Arthur McLaughlin, residing at XXX XXXXXXX XXXXXXX, Cresskill, New Jersey 07626, is the Deputy Police Chief of the Borough of Cresskill. He is sued individually and in his official capacity.
Defendant Norman Saunders, employed at XXX XXXXXX XXXXXXX, Cresskill, New Jersey 07626, serves as a Detective Sergeant for the Police Department for the Borough of Cresskill. He is sued individually and in his official capacity.
Defendant John Does 1-25 are presently unidentified defendants. They are sued individually and, if appropriate, in their official capacities.
SQUAD GOVERNANCE
The purpose for which the Squad was formed, as recited in the Certificate of Incorporation, is “to render first aid and ambulance service” to the residents of the Borough of Cresskill. A copy of the Certificate of Incorporation is attached hereto as Exhibit A.
Since the organization’s incorporation in 1982, the Squad has provided around-the-clock emergency medical services to the residents of the Borough of Cresskill. All Squad members have been provided with the required training mandated by the Council and the applicable regulations of the New Jersey Department of Heath and Senior Services, including Emergency Medical Technical Certification and CPR certification, and regulations of the New Jersey Department of Labor.
The Squad has been qualified as an IRS 501(c)3 entity, and all members of the Squad are volunteers.
As of May 25, 2005, the Squad consisted of 26 active members; an additional three members included one honorary member and two life members. As of that date, the officers of the Squad were Charles Chinnici (Captain), Jack Mintz (Treasurer), Mary Curtin (Recording Secretary), Janet Riccobono (Corresponding Secretary), Ed Coffey (Lieutenant) and Walter Koopalethes (Lieutenant). Members of the Board of Trustees are Peter Olivieri, Richard Vincentz and Norman Hoyt.
The Squad adopted a constitution and bylaws, which provide, among other things, for election of officers and disciplining of members. A copy of the constitution and bylaws is attached as Exhibit B.
Members of the Squad act pursuant to the New Jersey Highway Traffic Safety Act, N.J.S.A. 27:5F-1 et seq. (“the 1971 Act”) and the New Jersey Highway Traffic Safety Act of 1987 (“the 1987 Act”). These Acts provide a comprehensive training mechanism for individuals staffing first aid squads in New Jersey. The 1971 Act contained an explicit directive to ensure the exclusivity of the comprehensive training mechanism and the independence of first aid squads, providing that “[n]othing in the act shall be construed as granting the Governor or any other state or local official any power to promulgate any regulation which may restrict any volunteer or non-volunteer first aid, rescue or ambulance squad of the State in the proper performance of its duties.” P.L. 1971, c. 351, §13.
That prohibition against interference was reiterated in the 1987 Act, which provides: “This act shall not be construed to grant the Governor or any other State or local official any power to promulgate regulations which may restrict a volunteer or nonvolunteer first aid, rescue or ambulance squad in the State in the proper performance of its duties. The provisions of this section may not be waived notwithstanding any other language of this act.” N.J.S.A. 27:5F-30.
The 1987 Act mandates that the local officers of first aid squads determine the qualifications of squad members, and that squad member training include the training standards set by the plaintiff NJSFAC. Once deemed qualified by a squad, the local government issues a certificate to such members, and has no discretion to act otherwise. N.J.S.A. 27:5F-27.
BOROUGH ROLE
Beginning in the early 1980’s, the Borough adopted a series of ordinances that designated the Squad as the official first aid squad for the Borough. Specifically, pursuant to Chapter 30, Article 2, Section 30-31 of the Municipal Code of the Borough of Cresskill, the Borough established the Squad as the official first aid squad for the Borough of Cresskill.
Section 30-32 of the same code provided that the Squad was to act under the direction of a first aid and/or fire/first aid commissioner, appointed by the Borough Council.
Additionally, pursuant to Section 30-32 of the same code, the Squad was to adopt a constitution and bylaws, subject to approval by the Borough Council, which would regulate the proceedings and operation of the Squad. Consistent with that provision, the Squad adopted a constitution and bylaws. The Borough code further provided that such bylaws were to be approved by the Mayor and Council and, upon information and belief, were so approved.
Further, section 30-35 of the aforementioned municipal code provided that the operation of ambulance activities shall be under the direction of the “Cresskill Volunteer First Aid Squad, Inc.” A copy of the ordinances relating to the Squad are included as Exhibit C.
FINANCIAL SUPPORT FOR SQUAD
The Borough of Cresskill owns the ambulances that were utilized by the Squad and owns the building out of which the Squad operated.
The Squad has used two sources of funds to meet expenses. Pursuant to N.J.S.A. 40:5-2, the Borough has contributed funds for such expenses. Under that statute, prior to January 2002, a municipality could make a “voluntary contribution” of up to $35,000 per year to a “duly incorporated” volunteer first aid squad without any requirement of an audit of the squad’s financial records for the then-current year. That amount was increased by amendment in 2002 to $70,000. Only if the municipality makes an annual contribution of more than $70,000 does the statute require that the municipality’s chief financial officer conduct an audit certifying that the financial records of the squad are maintained in accordance with sound accounting principles.
The Borough has, through the years and starting in 1982, provided a voluntary contribution to the Squad on a yearly basis pursuant to N.J.S.A. 40:5-2. The Borough authorized a contribution of $55,000 for 2005.
In addition to the monies contributed by the Borough, the Squad receives unsolicited donations from the public, pursuant to its status as a 501(c)3 entity. Each year the amount of such donations has ranged between $3,000 and $6,000.
In consideration of the substantial contribution of time given by its volunteer members, and as is customary in the New Jersey volunteer ambulance community, the Squad has utilized portions of the donated funds (but no portion of the funds provided by the Borough) for such expenses as group membership in the Costco discount chain, expenses for delegates to attend annual meetings of the New Jersey State First Aid Council, Inc., and commemorative gifts from the Squad to individual members for important personal events such as weddings or the birth of children.
The Squad maintains a bank account for its funds at Hudson City Savings Bank in Cresskill, New Jersey. As of March 2005, the Squad had on deposit $23,537.89, which consisted primarily of donations received from the public.
Even though the statute contemplates that a municipality will simply transfer the amount of its contribution directly to a squad, the Borough has exercised direct control over the expenditures of the Squad’s funds for which the Borough’s contributions have been utilized. The system for expending monies provided by the Borough followed either a purchase order or a voucher system, in which the Borough paid vendors directly. The majority of these expenses were for the purchase of first aid equipment and supplies. The Borough of Cresskill provided Squad members with an annual dinner; provided a $599 clothing stipend for each member; issued cell phones for officers and crew chiefs of the Squad and provided half-priced memberships to the Cresskill Municipal Pool.
LENGTH OF SERVICE AWARD PROGRAM (“LOSAP”)
In addition to the financial contributions the Borough has made each year to the Squad, the Borough has also elected to participate in the Length of Service Award Program (“LOSAP”). LOSAP was established by the New Jersey Legislature to provide a further incentive for individuals to serve on volunteer fire and first aid squads. The statutory scheme provides for municipalities to adopt an ordinance under which members of the local volunteer fire and first aid squads will be eligible for contributions by the municipality to a state-run pension program. See Emergency Services Volunteer Length of Service Award Program Act, N.J.S.A. 40A:14-183 et seq.
By Borough Ordinance 8-9-2100, the Borough enacted a LOSAP program for Squad members.
The Borough’s LOSAP program works on a point system. For each Squad member earning at least 100 points in a calendar year, the Borough contributes $600 to the pension program for the first year of service; $850 for the second through fourth years; and $1,150 for the fifth year and thereafter. Under the Borough’s LOSAP program, a member becomes vested in the contributions made on their behalf after five years.
The Borough has made LOSAP contributions on behalf of plaintiffs Wallin and Olivieri, as well as all other members of the Squad. The contributions that should have been made to plaintiffs Wallin’s and Olivieri’s LOSAP accounts through 2004 should total $3,150 for each of them. This year, had Wallin and Olivieri continued serving through the end of the year, the municipality would have contributed another $1,150 to each account. Wallin and Olivieri would have vested in the program at the conclusion of 2005.
EVENTS GIVING RISE TO RETALIATORY ACTION—SUNRISE
Until 2002, the Squad operated without interference from the Borough and local officials, providing quality first aid service to the Borough of Cresskill. On information and belief, there was no history of any significant complaints made as to the operation or conduct of the Squad, either in the manner it performed emergency services or otherwise, and the Squad maintained good relations with neighboring emergency medical service providers and local hospitals.
In 1999, an application was before the Planning Board of Cresskill for a large residential complex consisting of assisted living, senior citizen/retirement housing, apartments and condominiums, operated by Sunrise Senior Living, Daibes Enterprises and other entities (“Sunrise”). At that time, it was projected that this development would include several hundred units of housing, primarily for senior citizens, many of whom would have a high frequency of emergency medical needs due to their age and health condition.
The initial zoning approvals granted for this development, as embodied in the original Developer’s Agreement between Daibes Enterprises, the original developer, and the Borough of Cresskill, required that Sunrise provide its own ambulance service, independent of the Squad, to handle the ambulance calls that would occur on its premises. This approach would prevent an inordinate strain from being placed upon the Squad, especially in the daytime, when all volunteer ambulance squads throughout New Jersey experience chronic shortages of volunteer emergency medical technicians, and would ensure that the Squad was available to respond to emergency calls throughout the remainder of the Borough, without any degradation of service.
Subsequently, in 2002, the Mayor and Council advised the Squad that the Borough intended to rescind the requirement for Sunrise to provide an on-site ambulance. If the requirement was rescinded, then the Squad would be required to service Sunrise.
Certain members of the Squad, both individually and as authorized representatives of the Squad, thereafter publicly voiced concerns to defendant Romeo, to the Borough of Cresskill Council and to the Cresskill Planning Board (on which defendant Romeo sits) regarding the plans for providing emergency medical services to Sunrise. Based upon experiences at similar developments, members of the Squad pointed out that Sunrise, once built and operational, could be expected to increase the number of emergency calls by as much as 50% over their current levels.
Nevertheless, the Mayor indicated that the ambulance requirement for the development would be rescinded. Over the vehement and vocal opposition of the Squad and certain individual members (including plaintiffs Olivieri and Wallin), this requirement was formally rescinded by way of Borough Ordinance No. 05-06-1293.
RETALIATORY ACTIONS BY MAYOR AND COUNCIL:
FIRST AUDIT OF FINANCES
After the Squad members voiced their opposition to servicing Sunrise, many Squad members were made aware that certain members of the Council stated that there would be “retribution” sought against the Squad, due to its public opposition to the Borough’s intention to change the zoning approval and conditions for the Sunrise development.
Since that time, the Mayor and Council have embarked on a smear campaign against the Squad, deliberately discrediting the Squad and pursuing a vendetta against it.
50. In or about August 2004, the Borough notified the Squad that the Squad’s finances from years 2002 and 2003 would be audited by Lerch, Vinci & Huggins, LLP, an auditing firm selected by the Borough.
51. The Borough had never requested an audit of the Squad prior to this time, and there is no legal requirement that the Squad allow a municipal audit of its finances, unless the municipality’s contribution equaled $70,000 or more, pursuant to N.J.S.A. 40:5-2.
The Squad’s membership met to discuss this proposal, and decided to provide the information requested, specifically the financial information relating to the donations from the public (and not including any contributions from the Borough, since those expenditures were controlled by the Borough itself). Thereafter, the Squad’s then-treasurer, Jack Mintz, met with representatives from the auditing firm for approximately six hours to go over the Squad’s 2002 and 2003 financial information.
Lerch, Vinci & Higgins eventually prepared the Audit Report, dated August 5, 2004. Even though the report had been prepared at the Borough’s request, it was addressed to the Board of Trustees of the Squad, and failed to indicate who had engaged the firm.
The Audit Report presented a confusing picture, in that it purported to review the complete financial status of the Squad, including all sources of support: municipal contributions, donations, interest on investments and miscellaneous sources of income for 2002 and 2003. From the Squad’s perspective, much of the information was not information that it controlled or provided to the auditors, since the vast majority of expenditures and “revenue” were actually accounted for by the manner in which the Borough controlled and paid out its annual contribution.
The Audit Report stated that the auditor could not provide an opinion about the organization’s financial activities because of the “[t]he Organization’s refusal to furnish us a written representation letter ….” The Squad did not provide such a representation because the vast majority of expenditures are approved and paid by the Borough, not by the Squad, and, thus, the Squad was not in a position to provide such a written representation letter.
The Audit Report did not find any violations of law in the handling of the Squad’s finances.
FURTHER RETALIATION:
ALLEGED SECOND AUDIT OF FINANCES, SEIZURE OF RECORDS
The retaliation by the Mayor and Council, as well as police officers (at the direction of the Mayor and Council), continued.
On April 19, 2005, the then-Captain of the Squad, Charles Chinnici, was approached at his workplace, Englewood Hospital, by a Borough police detective, Defendant Saunders, who gave him a letter from Borough Attorney Robert Quinn. When he handed Chinnici the letter, Saunders stated: “Don’t shoot the messenger.” The letter demanded that the Squad provide all of its financial records, including checks, from 1999 to the present, to be delivered to the Borough Clerk by 2 p.m. the following day, April 20, 2005.
The Squad responded by letter to the Borough attorney, indicating that it needed more time to respond to this request, in part because the then-Treasurer, Jack Mintz, was Jewish and was celebrating the Passover holiday.
As of Thursday, April 21, 2005, the Squad discovered that someone had removed their financial records (other than the checkbook and ledger, which were in the treasurer’s possession) from the Squad’s locked office at its headquarters, without authority or consent from the Squad’s officers. The Squad reported the disappearance to the Cresskill Police Department, whereupon Detective Saunders advised that the Police Department had the records in its possession. Subsequently, Defendant Deputy Police Chief McLaughlin admitted at a news conference that the police, at the direction of the defendant Mayor, had seized these records without having obtained a warrant, a subpoena or Court Order, or through any other recognized judicial process. During the same news conference, defendant McLaughlin made false and defamatory comments about the Squad which could be deemed to have been made about, inter alia, Wallin and Olivieri.
During the weeks that followed, it became clear to the Squad that the Borough had no intention of returning the records. On information and belief, the Borough retains the original financial records of the Squad from 1999 to the present. Despite repeated requests that the records be returned, or at least that copies be made available to the Squad, the Borough has refused to do so.
Moreover, the Borough has claimed to have conducted an audit of the finances from 1999 to the present. Despite requests, it has refused to provide the results of the audit to the Squad. At the same time, the Borough has repeatedly cited to this alleged “audit” and the alleged contents of the records the Borough has refused to return to the Squad, in falsely accusing the Squad and certain of its members of alleged financial “irregularities” and “excesses.”
FURTHER RETALIATION:
DEMAND FOR PATIENT CARE REPORTS
On April 27, 2005, Detective Saunders delivered another letter, by hand, to Charles Chinnici. This letter, dated April 27, 2005, demanded all of the Squad’s Patient Care Reports from the previous five years. At the time that Saunders delivered the letter to Chinnici, Saunders told Chinnici, along with squad members Edward Coffey and Mary Curtin, that the Borough was considering bringing criminal charges against Squad members due to the Squad’s alleged misspending of funds. He added that he was being pulled off of working on four other cases to devote his time to investigating the Squad.
Patient Care Reports, also referred to as “call sheets,” contain confidential information, including the names, addresses, ages, and health conditions of citizens, both in Cresskill and in other municipalities. The Patient Care Reports include a narrative of the actions taken during the call, as well as a patient’s medication and medical history.
Historically, whenever an outside party requested a Patient Care Report from the Squad, the request was accompanied by a subpoena or a signed patient release form. Therefore, on or about April 28th, the captain, Charles Chinnici, indicated to Detective Saunders that the Squad would investigate whether releasing the Patient Care Reports breached any duties of confidentiality or rights to privacy. On April 30, 2005, in response, Saunders threatened Chinnici with criminal prosecution for obstructing an ongoing police investigation if he did not supply the original call sheets, which Saunders characterized as “public records.”
In the face of this threat of criminal prosecution, ultimately the plaintiff Squad capitulated in the investigation being conducted by the Borough police department and provided all requested Patient Care Reports, despite concerns about privacy. On information and belief, the Borough retains the Squad’s Patient Care Reports at this time while simultaneously claiming them to be under “investigation” by the Bergen County Prosecutor. The Borough has repeatedly and as recently as June 15, claimed the Squad or its members to be under investigation by the Bergen County Prosecutor. On information and belief, Saunders and/or other Borough officials has/have made these claims after having been informed by the Bergen County Prosecutor that the Prosecutor has concluded there to be no basis for proceeding with an investigation or charges at the County level.
Thereafter, on or about May 24, 2005, Saunders told David M. Payne, Esq., counsel for the Squad, that six people should resign from the Squad, and threatened that if they failed to do so, they would face criminal charges. Those six individuals were plaintiff Carl Wallin, plaintiff Peter Olivieri, Charles Chinnici, Clifford Cernek, Richard Pressler, and Jack Mintz.
In the face of this threat, despite their conviction that they had not acted improperly or illegally in any fashion whatsoever, four of those individuals resigned, including Charles Chinnici (who resigned on May 27, 2005), Clifford Cernek (who resigned on May 25, 2005), Richard Pressler and Jack Mintz (who resigned on May 27, 2005). Charles Chinnici resigned because of his fears that a criminal charge would jeopardize his existing employment. On information and belief, Richard Pressler was also concerned that criminal charges would jeopardize his existing employment. In addition to resigning from the Squad, Clifford Cernek resigned his paid position as a dispatcher with the Cresskill Police Department on June 6, 2005, in part due to concerns about the threat of criminal prosecution.
PASSAGE OF ORDINANCE AND RESOLUTION
SUMMARILY DISPLACING SQUAD
Having forced the resignation of the Squad’s Captain and three other individuals, the Mayor and Council moved swiftly to remove the Squad from its position as designated first aid squad for Cresskill and dismantle those elements of the Squad’s membership and leadership who had previously opposed the Mayor and Council’s abrupt “about face” relative to Sunrise, or who the Mayor and Council otherwise perceived to be political enemies.
On June 1, 2005, an ordinance was introduced on first reading and adopted by the defendant Mayor and Council, amending Chapter 30 of the Cresskill Borough Code by repealing Ordinance 84-11-877, thereby rescinding the grant of authority to the Cresskill Volunteer First Aid Squad, Inc., to act as the emergency medical service provider for the Borough of Cresskill. This ordinance, a copy of which is attached as Exhibit D, deleted all language relating to the Squad, or any first aid squad, referenced in that article or the Borough Code.
Additionally, on June 1, 2005, the Mayor and Council of the Borough of Cresskill introduced and adopted a Resolution, a copy of which is attached as Exhibit E, which was intended to prevent the Squad from functioning until the Mayor and Council adopted at second reading the ordinance removing the Squad. The Resolution incorrectly identifies the Squad as a “…Department of the municipality subject to municipal control…” The Resolution further offered assertions in an effort to support the actions being authorized. Thus, for example, the Resolution stated, “Whereas it has come to the attention of the Mayor and Council of the Borough of Cresskill that funds contributed by the public to the…Corps [sic, meaning the Squad]…had not been used to operate the Corps or pay for equipment, but have been used inter alia, to give wedding presents to members; have non-Cresskill funded dinners; obtain COSTCO membership for members and non-members; and that other fiscally irresponsible action has been taken with public donations…”
The implication of this statement is that the Squad’s expenditure of these funds was unlawful, when in fact it was not.
The Resolution further stated, “Whereas, upon review of the operation of the CVA Corps [sic], the Mayor and Council have determined that actions have been taken to turn away volunteers, obstruct a department audit, create difficulty in responding to emergency calls, cause a reduction in membership and otherwise operate in a manner that adversely impacts the public safety of Cresskill residents…”
These accusations were utterly and blatantly false. Additional false and defamatory accusations were made by the Mayor, other Council members and, on information and belief, others acting on their behalf, both on the public record and off the record.
Based on these false allegations, the Resolution directed actions that effectively prevented the Squad from providing first aid services. The Resolution purported to appoint Deputy Chief Arthur McLaughlin as the “Interim First Aid Services Commissioner” and gave him control over the assets that had been raised by the Squad. The Resolution further provided that “only those persons authorized by the Commissioner and members of the Cresskill Police Department shall have access and keys to Cresskill’s First Aid Building and equipment therein and that any person not so authorized shall be subject to arrest for trespass …”
The intent and purpose of the Resolution was to prevent the Squad members from using any first aid vehicles, equipment or related facilities, and to seize the funds and other equipment that did in fact belong to the Squad. The Resolution directed that the current officers of the Squad be removed from office and membership in the Squad, effectively terminating all Squad members from providing services.
Prior to the June 1, 2005 meeting, the Mayor and Council caused the locks on the building that the Squad used to be changed, and, on information and belief, contracted with an outside ambulance service to provide emergency medical services on an interim basis.
On or about June 9, 2005, an entity was formed, called “Cresskill Volunteer Ambulance & Emergency Services, Company,” incorporated by “R.W. Worthington,” and its registered agent listed as “Barbara Nasuto,” with address at 67 Union Avenue, Cresskill, New Jersey 07626. Barbara Nasuto serves as the Borough Clerk for the Borough of Cresskill. The trustees include Defendant Benedict Romeo, the Mayor of Cresskill, Barbara Nasuto, and Robert T. Quinn, the Borough attorney. A copy of the Certificate of Incorporation is attached hereto as Exhibit F. On information and belief, no public, official pronouncement was made by the Mayor or any other representative of the Borough advising that the Borough had suddenly formed its own non-profit corporation, with its Public Meeting concerning the fate of the Squad and its membership only six (6) days away. Nor have the Mayor, Council or other representatives of the Borough formally or publicly explained why they formed said entity.
On June 15, 2005, the Council held a meeting during which the proposed Ordinance was given a second reading and passed by unanimous vote of the Council. Hundreds of first aid squad members and residents from surrounding municipalities attended the meeting to support the Squad. Defendant Mayor Romeo publicly referred to “irregularities in the books and spending at the ambulance corps” in attempting to justify the Borough’s actions. Defendant Romeo also claimed that the Squad “is a component of the Borough of Cresskill. It is a 501(c)3 wholly-owned corporation of Cresskill. We own the equipment, the ambulance and the building. We control it. We own it.”
At the meeting, defendant Romeo admitted that the six Squad members previously identified had been directed to resign. During said meeting the Mayor, some Council Members and municipal officials (including defendants Saunders and McLaughlin) spoke of alleged facts and circumstances designed to discredit and defame the Squad’s leadership and membership and further “justify” the Borough’s intention to unilaterally and unlawfully dismantle a private non-profit organization formed pursuant to New Jersey statutes (i.e., the Squad). Said statements were false and in many instances defamatory to Squad Members including Wallin and Olivieri.
The Ordinance passed on June 15, 2005 (a copy of which is attached hereto as Exhibit “G”) simply repealed prior ordinances recognizing the Squad as Cresskill’s official First Aid Squad and related ordinances. No replacement squad organization was designated, although the Borough has indicated that defendant McLaughlin is in charge of the new squad and that the Borough is operating what the Mayor calls a “volunteer” squad. The identity of this “new squad” is unknown as are the EMT qualifications or backgrounds of its members, officers and trustees. On information and belief, emergency service providers are being provided under the auspices of the “Cresskill Volunteer Ambulance & Emergency Services, Company” whose Trustees, again, are Mayor Benedict Romeo, Borough Attorney Robert Quinn and Borough Clerk, Barbara Nasuto.
On information and belief, individuals acting on behalf of the Mayor and Council, have approached the Hudson City Savings Bank, at which institution the Squad maintained its checking account, requesting access to the Squad’s funds and to transfer those funds to the newly formed Cresskill Volunteer Ambulance & Emergency Services, Company. Again, and notwithstanding the Mayor’s statements that the Borough “owns” the Squad, the Squad is a separate private non-profit organization whose accounts are not the property of the Mayor, the Council or the Borough or the organization that the Mayor, Council and the Borough Attorney hastily formed in anticipation of the June 15, 2005 Borough Council meeting wherein the offending ordinance was adopted.
As a result of the Borough’s precipitous and illegal actions, the Squad has lost its rightful position as the designated first aid squad for the Borough. The Squad’s property, including its records, has been seized and kept. Further, individual Squad members have lost their rights to receive LOSAP contributions and/or their rights to vesting of the LOSAP contributions previously made on their behalf have been adversely impacted. Additionally, the Mayor, certain Council members, and others apparently acting on their behalf (including, without limitation, defendants McLaughlin and Saunders) have embarked on a campaign to defame plaintiffs Wallin and Olivieri (and other non-party Squad members) and to otherwise intimidate and harass them. This campaign continues to date.
Many other first aid squads in the State, who are members of the NJSFAC are affected by this action, in that the Borough’s actions suggest a course of conduct and set a precedent that, unless corrected, leave other first aid squads vulnerable to such egregious and unlawful actions in their municipalities. Other squads at this time are uncertain as to their status, and unclear what constitutes a legal or illegal mechanism for removal of a first aid squad. Further, the Borough’s conduct impacts important public policy concerns about volunteerism and patient privacy. Moreover, many if not most of the expenditures that the defendants have attempted to describe as “irregular” or even criminal, are made by many, if not most, first aid squads throughout the State on a regular basis. While plaintiffs are confident that said characterizations are the false products of the malicious and retaliatory motivations of the defendants, the NJSFAC has an interest in any determination made relative to said characterizations and should and must be heard on same.
COUNT ONE: 42 U.S.C. §1983
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
Defendants in this case were acting under color of state law and thus their conduct was subject to 42 U.S.C. §1983.
Defendants in the course of their actions deprived Plaintiffs of their rights pursuant to the First, Fourth, and Fourteenth Amendments to the U.S. Constitution.
Specifically, defendants Mayor and Council members by their action in removing members of the Squad for retaliatory purposes, violated Plaintiffs Wallin’s and Olivieri’s First Amendment right of association.
Defendants Mayor and Council members, by their actions in retaliating against the Squad and its members for public comments opposing the arrangement to service the Sunrise facility, violated the Squad’s and individual Plaintiffs Wallin’s and Olivieri’s First Amendment rights to freedom of speech. Since politically opposing the Mayor and Council, plaintiffs Wallin and Olivieri, and other non-party squad members, have faced an onslaught of harassment, intimidation, and defamation, committed both publicly and privately that, on information and belief, can be traced directly to the Mayor or other defendants.
Defendants Mayor and Council members, by their actions in removing the Squad, deprived Squad members , including Wallin and Olivieri, of a property interest, in violation of procedural and substantive due process rights under the Fourteenth Amendment. This property interest includes, among other things, both their right to assume the position of the officially designated first aid provider, as well as their rights to LOSAP contributions as volunteers.
Defendants Mayor, Council Members, Saunders and McLaughlin, by their actions in seizing the Squad’s financial records without warrant or subpoena, violated the Squad’s Fourth Amendment rights to be free of unlawful searches and seizures. Additionally, defendant Saunders, acting at the direction of the Mayor and Council, engaged in acts of harassment and extortion against the Squad and its members, including Wallin and Olivieri, which acts shock the conscience and thus constitute violations of plaintiffs’ substantive due process rights.
These actions constitute violations of 42 U.S.C. §1983 and plaintiffs Squad, Olivieri and Wallin have been damaged thereby.
COUNT TWO: VIOLATION OF NEW JERSEY HIGHWAY SAFETY ACT
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
The defendants restricted the volunteers on the Squad from the proper performance of their duties, in violation of the provisions of the New Jersey Highway Traffic Safety Act, N.J.S.A. 27:5F-1 et seq.
COUNT THREE: DEFAMATION
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
Through their conduct, designed to discredit those Squad members who have politically opposed them, the defendants, Mayor and Council and defendants McLaughlin and Saunders working on behalf of the Mayor and Council, have made false and defamatory statements against Squad members, including plaintiffs Wallin and Olivieri. These defamatory statements are both libelous and slanderous, having been made privately, at public meetings, in resolutions and to the news media. On information and belief, one or more of the defendants continue to defame plaintiffs, and have recruited others to spread their defamatory comments to others within the Borough of Cresskill.
The statements made by or on behalf of all individual defendants, suggested, stated or implied that plaintiffs Wallin and Olivieri were unfit to manage a first aid squad, were dishonest, had engaged in criminal activity and were under a criminal investigation by the Bergen County Prosecutor. Said false and defamatory statements are thus slanderous and libelous per se and damages are presumed to flow from same.
Defendants knew these statements were false, or made these statements with a reckless disregard for their truth or falsity.
Plaintiffs Carl Wallin and Peter Olivieri have been injured by the libelous and slanderous “smear campaign” of defendants.
COUNT FOUR: CONVERSION
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
Defendant Mayor Romeo directed the members of the Cresskill Police Department to seize financial records from the Squad without benefit of a warrant, subpoena, Court Order or other appropriate judicial process, and he further directed the police to retain those records.
Defendant Mayor Romeo directed members of the Police Department to procure Patient Care Reports from the Squad without benefit of a warrant, subpoena, Court Order or other appropriate judicial process, and he further directed the police to retain those records.
These financial records and Patient Care Reports are the property of the Squad. Defendants Mayor Romeo, Council members and defendants Saunders and McLaughlin exercised dominion over the property of the Squad, to the exclusion of the Squad’s rights and they continue to do so.
The actions in this Count, which were unopposed and supported by the remaining Council member defendants, constitute conversion, in violation of New Jersey law. COUNT FIVE: NEGLIGENT SUPERVISION, TRAINING AND RETENTION
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
The Borough has been negligent in the training, retention and supervision of both its elected officials and its hired employees, including the police department. In fact, the Borough has permitted police officers to act in a manner that is blatantly unlawful, including acts that violate the constitutional provisions mentioned hereinabove, and, moreover, acts constituting outright extortion and theft.
Thus, while many, if not most, of the actionable events committed by Borough officials and employees were willful and intentional, the Borough is liable in failing to properly supervise, train and retain said officials and in failing to take steps where the Borough knew or should have known that steps needed to be taken.
COUNT SIX: § 1983 LIABILITY OF THE BOROUGH
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
The Borough was so deliberately indifferent to the rights of individuals who might come into contact with its employees, and particularly its police department, and so completely failed to train and supervise its police officers on proper and lawful conduct, that the Borough can and should be liable as an entity under 42 U.S.C.A. §1983. The Borough knew of a substantial risk of harm to persons in the same situation as the Squad, Wallin and Olivieri, and yet deliberately disregarded that risk by failing to take reasonable measures to abate same. Indeed, in this matter, the top elected officials of the Borough, including the Mayor himself, specifically and deliberately directed the police officers to undertake actions that violated plaintiffs’ federally protected constitutional rights.
Plaintiffs Wallin, Olivieri and Squad have been harmed and they continue to be harmed as a result of defendant Borough of Cresskill’s violations of 42 U.S.C.A. §1983. COUNT SEVEN: LIABILITY OF FICTITIOUS DEFENDANTS
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
Defendant John 1-25 are, as indicated above, fictitious and names of real persons who, on information and belief, acted in concert with the other individual defendants or individually in committing the tortious and other wrongful acts identified hereinabove with regard to the known and named defendants.
If and when John Does 1-25 are identified, then plaintiffs reserve their rights to name said defendants by their real names herein and assert claims against them as though they had been joined in plaintiffs’ initial pleading.
COUNT EIGHT: UNLAWFUL, ARBITRARY, CAPRICIOUS AND UNREASONABLE MUNICIPAL ACTION
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
The Borough of Cresskill and the Mayor and Council thereof, in adopting the June 1, 2005 Resolution, and June 15, 2005 Ordinance, engaged in conduct that not only violated State law and the Borough’s own ordinances, as indicated above, but was also arbitrary, capricious and unreasonable.
Consequently, the actions of the Mayor and Council should be overturned and the offending Ordnances and Resolution should be deemed null and void and of no further effect, and the Ordinances purportedly repealed by said void ordinance should thus be reinstituted.
COUNT NINE: RIGHTS AND INTEREST OF NJSFAC
The plaintiffs incorporate by way of reference the above allegations as if fully set forth herein at length.
While not seeking damages herein, the plaintiff NJSFAC represents several hundred first aid squads in the State of New Jersey many of whom are, in significant and relevant respects, similarly situated to plaintiff Squad. Moreover, the NJSFAC represents not only the aforesaid squads but their individual members, seeking to advance the interests of bona fide volunteers who seek to aid the public in providing quality emergency services and care throughout the State.
Among other similar interests herein, other first aid squads throughout New Jersey spend money in a fashion similar or identical to those expenditures which the Borough, through its officials and employees, has called “irregular” or “excessive” and which the Borough and officials have indeed gone out of their way to portray as being criminal in nature. Moreover, it is the NJSFAC’s position that the Borough of Cresskill has acted in a manner that not only violates the statute by which volunteer first aid squads are enabled, but also in a manner which, if permitted to stand by this Court, could adversely affect first aid squads throughout the State of New Jersey.
The NJSFAC thus sues as a plaintiff herein and joins in the injunctive and declaratory aspects of this matter, specifically seeking to undo the actions of the Mayor and Council that effectively destroyed an otherwise duly incorporated and lawfully operating first aid squad.
WHEREFORE, plaintiffs respectfully respect that the Court grant the following relief:
A. Issue preliminary and final injunctions reversing the action of the defendant Mayor and Council members, specifically vacating Borough of Cresskill Ordinance No. 05-09-1296;
B. Issue preliminary and final injunctions reinstating the Cresskill Volunteer First Aid Squad, Inc., as the provider of emergency medical services for the Borough of Cresskill;
C. Issue preliminary and final injunctions requiring that the defendants Mayor and Council members resume funding the Squad with the balance of monies contributed for this fiscal year;
D. Direct the defendants Mayor and Council members to immediately cause to be returned to the Squad all financial records, Patient Care Reports and other records belonging to the Squad;
E. Direct the defendants Mayor and Council to provide a copy of the audit most recently conducted relating to the Squad;
F. Direct the defendants Mayor and Council members to immediately take all actions that may be required to ensure that any adverse impact on the rights of any Squad members under the Borough LOSAP program be reversed, so that such municipal contributions and vesting rights are the equivalent to what they would have been absent the actions identified in this Complaint;
G. Direct the defendants Mayor, Council members, McLaughlin and Saunders to cease harassment and retaliation against the plaintiffs, including, without limitation, threats and harassment;
H. Award compensatory, consequential, special and punitive damages;
I. Award counsel fees and costs of suit; and
J. Such other relief as the Court deems equitable and just.
DAVID M. PAYNE, ESQ.,
Attorney for Plaintiff Cresskill Volunteer First Aid Squad, Inc.

By: ___________________________________
David M. Payne (DP4291)
Date: __________________
POST, POLAK, GOODSELL, MacNEILL & STRAUCHLER, P.A.
Attorney for Plaintiffs Cresskill Volunteer First Aid Squad, Inc.;
New Jersey State First Aid Council, Inc.;
Carl Wallin and Peter Olivieri

By:________________________________
David L. Epstein (DE1536)

Date:_______________________
JURY DEMAND
Plaintiffs hereby demand a trial by jury on all issues so triable.
DAVID M. PAYNE, ESQ.,
Attorney for Plaintiff Cresskill Volunteer First Aid Squad, Inc.

By: ___________________________________
David M. Payne (DP4291)
Date: __________________
POST, POLAK, GOODSELL, MacNEILL & STRAUCHLER, P.A.
Attorney for Plaintiffs Cresskill Volunteer First Aid Squad, Inc.;
New Jersey State First Aid Council, Inc.;
Carl Wallin and Peter Olivieri

By:________________________________
David L. Epstein (DE1536)

Date:_______________________

CERTIFICATION
It is hereby stated that the mater in controversy is not the subject of any other action pending in any other Court or of a pending arbitration proceeding to the best of our knowledge, information and belief. Also, to the best of our knowledge, no other action or arbitration is contemplated.
DAVID M. PAYNE, ESQ.
Attorney for Plaintiff,
Cresskill Volunteer First Aid Squad, Inc.

By: ___________________________________
David M. Payne (DP4291)
Date: __________________

POST, POLAK, GOODSELL, MacNEILL
& STRAUCHLER, P.A.
Attorney for Plaintiffs,
Cresskill Volunteer First Aid Squad, Inc.;
New Jersey State First Aid Council, Inc.;
Carl Wallin and Peter Olivieri

By:________________________________
David L. Epstein (DE1536)

Date: __________________

VERIFICATION
I, Carl Wallin, hereby verify that with the exception of allegations asserted based upon information and belief, or where the context clearly dictates otherwise, I have personal knowledge of the facts set forth in the foregoing Verified Complaint, and that the facts and statements contained herein are true and correct to the best of my knowledge, information and belief.

____________________________________
Carl Wallin

Date: ____________________________

7.17.05 02:00 H:\HOME\Hbe\NJ State First Aid Council\Cresskill\Federal Court Complaint 2.Doc

Statement Read at the June 15 Mayor and Council Meeting

2005-07-17T10:59:00.000-07:00

LONG-TIME VOLUNTEER FIRST AID SQUAD
THE VICTIMS OF VENDETTA BY CRESSKILL OFFICIALS

Since 1982, the Cresskill First Aid Squad members have loyally and steadfastly protected the citizens of Cresskill, providing round-the-clock coverage so that area citizens will have the comfort that an ambulance with trained technicians is but a few minutes away. In recent times, however, the Mayor and Council have deliberately endeavored to dismantle this exemplary volunteer First Aid Squad and take control of it. The members of the Squad believe that all of this reflects an effort to simply rid the organization of those dedicated members who have committed the "sin" of exercising their First Amendment rights and in showing civic responsibility, by questioning decisions and actions of the Mayor and Council that have, in the shared view of those members, adversely affected the citizens of Cresskill. Among other things, the Mayor and Council have:

- Seized the private financial records of the Cresskill Squad (which is a not-for-profit, 501 (c)(3) corporation) without a search warrant and using local police officers concededly acting under the direct orders of the Mayor.

- Seized the Patient Care Reports of the organization, which included confidential patient information for all patients that were served by the volunteers in the five years since 2000.

- Threatened - through the local police - six members of the Squad with vague criminal charges, requiring them to quit the Squad to avoid such charges.

- "Audited" the seized records of the organization - including expenditures monitored by the Borough itself - and thereafter claimed the audit to show financial "improprieties " or "excesses" that are nothing of the sort.

- Without notice, discussion or deliberation, passed a seemingly illegal resolution and ordinance two weeks ago that effectively and most illegally destroyed the Squad and replaced several of its members.

- Hired an outside ambulance group at Cresskill taxpayers' expense to cover the services that had been faithfully provided by volunteers for the previous 23 years, under the strength of the aforementioned unlawful Resolution and under the guise of protecting the Borough's funds.

- Started a "smear campaign" both within and outside the media, concerning certain members of the First Aid Squad including statements made by Borough Officials that are demonstrably false and legally actionable.

- Engaged in a course of conduct, including the above actions, which on the one hand may be violations of Federal Laws that protect the Squad members' civil rights, but that also have the effect of strongly discouraging volunteer work in the Borough of Cresskill, whether as a Member of the First Aid Squad or in other volunteer work.

These instances of improper behavior and indeed downright bullying, are believed to have been inspired by a personal vendetta against one or more First Aid Squad members for having dared to question or oppose the decisions of the Mayor and Council - again, decisions that those First Aid Squad members believed would have a negative impact on the citizens of Cresskill. The Cresskill Volunteer First Aid Squad and those members of the Squad who have been adversely affected by the Borough's utterly outrageous conduct, will fight, in court if necessary, to restore their organization to its rightful position as the provider of quality emergency medical services to the citizens of Cresskill and to protect any and all other individual and organizational rights that the Mayor and Council have improvidently decided to trample.

David L. Epstein, Esq.
Post, Polak, Goodsell, MacNeill & Strauchler, P.A.
425 Eagle Rock Ave, Suite 200
Roseland, New Jersey 07068-1717
Appearing on behalf of David Payne, Esq, counsel for the Squad

Dated June 15, 2005

Letter to the citizens of Cresskill from Linda Hofmann

2005-07-17T10:56:00.000-07:00

Linda M. Hofmann
11 Lexington Avenue
Dumont, NJ 07628
201-384-5444
June 10, 2005

A Letter to the citizens of Cresskill.

I am writing in response to articles that recently appeared in The Record and the North Jersey Suburbanite regarding the troubling situation facing the residents of Cresskill, NJ. I am not a resident of Cresskill and I am not an EMT, however I am the mother of three volunteer EMT’s from Dumont.

Over the course of 14 years my kids have accumulated nearly 36 years of service to the Dumont Volunteer Ambulance Corps. They have volunteered approximately half their lives to helping others in need when the “call” rings out. I can attest to countless dinners left cold on the counter; holiday celebrations interrupted and cut short; and entire weekends lost, all in the name of helping others in need. Just because it’s Christmas Eve and a mound of gifts still need wrapping doesn’t mean that that EMT can stay home and ‘ignore’ the call – somebody’s life is on the line. The gifts have to wait until the call is complete – paperwork and all.

On any given night my kids might go out on call, after call, after call; five, six or more calls in a row. Let’s do the math – 5 calls @ approximately 2 hours each = 10 hours. Now, each one of my children has a job that starts no later than 7:00AM. Hmmmm when did they get their forty winks so that they could go to work the next day and perform their duties at their respective jobs. Jobs as a Registered Nurse in an area hospital Trauma Unit, a Patient Care Assistant in an area hospital Cardiac Unit, or the mother of 3 very young children wanting and needing specific attention starting just as the sun peeks over the horizon? Special plans to spend a little quality time as a family together are often dashed due to a community emergency that Mom and/or Dad must respond to. Try explaining that to a 4 year old.

Not only do the volunteer EMT’s serve their own community, but often they are called upon to perform mutual aid in a surrounding community. Whether it’s a mutual aid call because a rig is already out and no one else is available to cover an additional call; or the emergency is just too big for one town to handle – there’s always someone to answer the call. Imagine it’s late morning, the corps members from your town are at their respective jobs which are out of town. Your husband, wife, or child goes into cardiac arrest or is gravely injured or ill. No members are available in your town to answer the call. If Cresskill can’t get a rig out – Dumont might be called upon to take the aid call and if Dumont members are available they surely do.

All the citizens of Cresskill need to know what effort and sacrifices your “fired” EMT’s have put forth over the years. I know some members who have served the Cresskill Volunteer Ambulance Corps for nearly 25 years. Twenty-five years! Talk about loss of knowledge and experience! It takes at least six months of schooling in order to become a certified EMT in the state of New Jersey. Even after passing state exams the experience isn’t there yet. Bare in mind that just because someone is a ‘licensed registered nurse’ doesn’t automatically qualify him or her as a NJ State Certified EMT either. That registered nurse is subject to the same requirements as any other prospective EMT.

Training to become a New Jersey State Certified EMT-B takes place at either the Bergen County EMS Training Center located in Paramus or the Law & Public Safety Institute - EMS Academy in Mahwah. The course requires that students complete or pass 100 class hours, 10 hours of hospital time, written exams, practicals, a final NJ State examination, and a Nation Registry Exam. Students must attend all classes prior to taking the final exam. The coarse is offered three times a year, in the spring, summer and fall and you must be CPR certified in order to take the course.
In order to maintain EMT-B certification, an EMT must re-certify every three and a half years. Continued education is mandatory - a total of 24 core and 24 elective credits or CEU's must be earned during this time.

It seems to me that the ‘funds’ Mayor Romeo is squabbling over add up to nothing more than a mere pittance. Over a period of six years (1999-2004) Mayor Romeo is contesting an expenditure of $9,246.00 for dinners and entertainment. Let’s see – $9,246.00 divided by 6 = $1,541 per year. Seems like a lot, but let’s try and put this into perspective. Divide the $1,541 by members, plus their spouse/significant other, area ambulance corps officers, area hospital paramedics who assist on many calls, etc. I see nothing ‘inappropriate’ with this expenditure. Why would it be inappropriate for the Corps to reward their members once a year with a ‘special’ dinner to honor each other? Even if you had a minimum of 50 invited members, spouses and guests the inappropriate expenditure actually works out to less than $32 a dinner.

Does the Police Association use donated funds for their annual dinner? How about Cresskill Volunteer Fire Department or better yet, the Republican Club? We all know that ‘donations’ are made to each of these associations/clubs and we know that the very same associations/clubs have annual dinners; dinners to honor members for their hard work, loyalty and service. Mr. Mayor, you’re going to complain because the check note said, ‘filled bellies’? Some one has a peculiar sense of humor, however the notation was an honest one. Actually, the expenditure could have been hidden under the guise of a bogus expense more in keeping with what auditors would deem appropriate; but it wasn’t. Someone just found a sassy way to explain the expenditure.

I have to address the cable bill. $ 3,758.00 divided by 6 years = 626.33 divided by 12 months in a year = $52.00. Gee, that’s considerably less than what I pay for my own home cable. Do you mean to tell me that the Fire Departments in town don’t have televisions; let alone cable? Who pays for that – town tax money or donations? What in the world are members supposed to be doing while they are on duty for 12 hours, sitting at the building waiting? Oh, I guess they should read a book.

Cell phones are very important, especially considering the climate in which we have had to become accustomed to since 9/11. We’re in a whole new ball game now. There is a need to be able to communicate with each other immediately and walkie-talkies just do not cut it anymore. I know of only a few who can function without a cell phone readily and immediately at hand. I am sure that this includes Mayor Romeo, the Fire Department, and the Police Department; even the DPW. As for the instance involving ‘abuse’ of the privilege? What was the reason surrounding this so-called abuse and how was the situation resolved? Was the call to an out of town Corps Officer regarding urgent Corps business?

LOSAP - Length Of Service Award Program. Does anyone out there really understand what this is about? I doubt the general public has any idea. It’s money that is awarded to members for years of service to be received upon retirement at age 64 if, and only if, that member has met the requirements set forth by the borough and the squad. The ‘service award’ is not money doled out as a bonus each year; as I said, a member must wait until he has reached retirement age and has met the specified criteria – i.e., number of calls, meetings, drills, etc. If a member has met all the criteria, good for them, they deserve the LOSAP.

A $600.00 ‘uniform’ stipend is for what is says – uniforms. How many times has one of Cresskill’s EMT’s responded to a call only to have a disorderly drunk spit on them, or a very sick patient vomit or bleed all over them. Gross isn’t it? How about responding to a motor vehicle accident? In the process of tending to the immediate needs of the injured they have gotten oil, dirt, and/or grime on clothing or ripped them. I believe the fire department gets a ‘clothing’ stipend also.

A wedding gift for a squad member; a bouquet of flowers or a fruit basket for a sick member, family member, deceased member or deceased family member, I can’t for the life of me figure out what is wrong with that expenditure.

As for the statement by Mrs. Rooney suggesting donations be used for purchasing cotton balls. Well that’s just ridiculous. Mrs. Rooney said that she was thankful for the care and compassion administered to her daughter and to show her appreciation she sent a check and a thank you card. Does anyone actually believe that these selfless, compassionate volunteers don’t deserve an annual dinner, cable for their donated TV, or to be able to send flowers to their fellow comrades who are ill or worse, have passed away? Cresskill Ambulance Corps is owned and operated by the Borough of Cresskill – thus any equipment/supplies required for the day-to-day operation of the Corps is the responsibility of the town through tax funds budgeted. This includes wheel chairs, crutches, bandages, oxygen, defibrillators, blood pressure cuffs, stethoscopes, and, yes, cotton balls.

I believe that because Cresskill’s Ambulance Corps is financially supported through the town with budgeted funds derived from residential property tax payments any donations to the Corps should be managed by the Corps in a manner that they deem fit and appropriate. How much could the donations amount to $10,000, maybe $15,000 a year? The Corps does not solicit ‘donations’, as does the Fire Department annually. The ‘donations’ they received are donations, gifts of appreciation.

Without a working ‘volunteer’ ambulance corps, Cresskill administrators have contracted the services of a paid ambulance at a rate of $500 a day. Should the Mayor and Borough Administrators not be able to enlist enough new volunteers, and this is a distinct possibility as volunteerism is at an all time low, it is possible that a paid ambulance service would be imminent. Once again, do the math - $500 for a period of 365 days equates to over $185,000; and should there be a need for 2 ambulances the figure jumps to a whopping $370,000. All paid for by Cresskill tax funds in addition to the normal day-to-day operation expenditures of the ambulance building. I think your auditors should consider this expenditure as a misappropriation.

Mayor Romeo, I cannot understand why in light of recent events in surrounding municipalities where true misappropriations have occurred you wouldn’t be more concerned as Mayor, with your own administration and be careful not to waste valuable time, tax payer’s money, and resources on a conceived misappropriation of funds.

Mayor Romeo, I believe you have let a bargain slip through your fingers at the expense of an entire community. Shame on you Mr. Mayor, shame on you.

Fine citizens of Cresskill, remember that the money Mayor Romeo is questioning is from donations (gifts) to the Corps, not funds from the borough budget.

I am sure that given the opportunity any one of the “fired” volunteers would all come back to serve their community. Pretty amazing considering the grief the current borough administration has seen fit to hand these selfless volunteers. That’s because volunteer EMT’s are a special breed of people. Their hearts are in the right place and they are dedicated to helping those who require immediate medical assistance – no matter how serious or minor the problem may be, no matter what time of day or night. Now they need your help and support to fight to bring them back.

Linda M. Hofmann
Mother of Three Outstanding Members of the Dumont Volunteer Ambulance Corps

Setting The Record Straight

2005-06-30T13:00:00.000-07:00

The Cresskill Volunteer First Aid, Inc. receives on average $5000 annually in unsolicited donations. Monies are spent to maintain membership, to provide gifts for members who are ill, marry, have additions to their family, etc, and most importantly on an annual scholarship offered to a Cresskill High School graduate. We spend the money in the same manner as other incorporated First Aid Squads, Fire Associations and Police Associations.

What's The Real Reason The Mayor Disbanded CVFAS

2005-06-29T13:41:00.000-07:00

MEMBERS HAVE QUESTIONED THE MAYOR, AND THE MAYOR DOESN’T LIKE BEING QUESTIONED.
For Example:
· Members have voiced concern that the elevators in the Sunrise building are too small to maneuver with a stretcher and an attendant.
· Members have asked why the Mayor and Council allowed the builder of Sunrise to renege on his original agreement to provide a private ambulance service for Sunrise residents.
· Members expressed concern about carrying patients on a stretcher in the newly built three-story “walk-up”.
· One member’s wife complained at a council meeting about the paving of her street and questioned procedure.

Please Sign Our Petition

2005-06-28T18:08:00.000-07:00

http://www.petitiononline.com/CVFAS/petition.html

Please Email Us

2005-06-26T11:24:00.000-07:00

info@SaveCresskillFirstAid.com