05/15/2009 - Power struggle over who can appoint police chief

Power struggle over who can appoint police chief
BY DAN KAPLAN
Correspondent
HOBOKEN -- The City Council is still not sure who is charged with making one of the most pressing personnel decisions since the municipality fell under state supervision last September.

Steve Kleinman, Hoboken corporation counsel, said during last week’s City Council meeting that Susan Jacobucci, a director in the state Department of Community Affairs, will be part of the process to appoint the new police chief. Before the state intervention, Mayor David Roberts retained final say on such appointments.

“(Jacobucci’s) going to be involved in this – we just don’t know how,” Kleinman said. “There’s not a lot of state law of what happens when you’re under state supervision. We’re kind of in uncharted waters.”

When Jacobucci’s office assumed control of Hoboken’s finances for at least one year – after the City Council was unable to pass a budget that contained a shortfall of more than $10 million – it also inherited ultimate power on hiring and firing employees and the issuance of contracts totaling more than $4,500.

But some council members said the appointment of police chief should be a choice that rests with the mayor, who reportedly wants to hire Capt. Anthony Falco for the job.
Councilman Michael Russo said having the state choose the police chief is taking its power “too far.”

“Again, love him or hate him, it’s still his decision,” Third Ward Councilman Michael Russo said of the mayor. “I think he’s entitled to that decision until the day he leaves office.”

Some local lawmakers had blamed Roberts, whose term expires July 1, for their inability to pass the spending plan, which ultimately led to the state takeover.

Councilman At-Large Peter Cammarano said the city and Jacobucci are locked in a power struggle over who has control over personnel decisions.

“That arm wrestling match is going on because the state takeover is something we’re all laboring under,” he said.

The former police chief, Carmen LaBruno, retired following a scandal involving SWAT team members during a trip to New Orleans for a Hurricane Katrina relief mission. Following the visit, photos emerged of the officers posing with waitresses at a Hooters restaurant.