PMUA Meeting Rescheduled

If you were planning to attend a PMUA meeting tonight, forget about it. The meeting has been rescheduled to April 29. Meanwhile, here's a look at Dan Williamson's contract in contrast with that of his predecessor. The search is on for an executive director as Williamson's contract nears expiration. Will the next contract be even less generous?

Sick Leave Law Fails

A Latina union member speaks in favor of paid sick leave.

A much-discussed sick leave ordinance failed, 3-3, after two more hours of public comment Monday.

Councilwoman Rebecca Williams urged her fellow legislators to make Plainfield the tenth city in New Jersey to pass legislation allowing workers to earn paid sick days, but only Cory Storch and Tracey Brown joined her in voting "yes" for final passage. Gloria Taylor, Diane Toliver and Council President Bridget Rivers voted "no."

The ordinance passed unanimously on first reading in February, but after a large turnout of business owners in March, final passage was put off until April. Business owners said they were not informed of the law's provisions, while union representatives and worker, some speaking through translators, endorsed the public health argument for paid sick days. Before a public hearing Monday, the council agreed to amendments lowering a fine for violations from $2,000 to $750 per day and dropping public disclosure of violators' names. 

Storch sought to add a previously-discussed amendment to to exempt business owners with fewer than 10 employees, but Williams objected, saying it would "take the teeth out of this law."

She criticized Storch's suggestion as "unconscionable" and meant only to appease business owners. Taylor said she agreed with Storch, but also claimed the business owners needed more time to understand the ordinance.

"I just think we need to look at this again," she said, but her request to table the ordinance failed, as did Storch's amendment.

Speakers brought up new issues Monday, such as how the law would affect employers who pick up day laborers and whether it would affect employees of nonprofit organizations and churches. The answer to the latter was yes. 

The factions applauded, stomped their feet and shouted as speakers made their points. Some saw passage at the state level better, others said it would be vetoed by Gov. Chris Christie. Nonresidents, including advocates for the law, had to speak last after all city residents, and were branded as outsiders pushing their agenda on the city. But Williams said she brought the legislation to the council. Speakers pointed to other cities that passed similar laws, while others cited backlashes in a couple of them.

School board president Wilma Campbell and her political "kingmaker" husband John each described leaving jobs to start their own business and described the effect they felt the law would have on small business owners. 

"It's a burden, it's an absolute burden," Wilma Campbell said "It's bad for growth in this town."

John Campbell called the legislation "job-killing" and branded one advocate a "snake oil salesman." Telling a homey anecdote about looking at both sides of an issue, he said, "If you don't have no job, there ain't going to be no sick pay."

--Bernice

Fee`Waiver Proposal Needs Explanation

Tonight the City Council is expected to vote on 50 resolutions and five ordinances, but first will hold a closed session to discuss "potential litigation," all of which portends a possibly long meeting.

A lot of the agenda items have already been chewed over in the blogosphere. I am just now reading one on waiving certain fees. Something about it strikes me as "spot legislation" tailored to a particular situation, but maybe I have just caught the suspicious mentality that afflicts some members of the governing body.

Below is the text of changes to a section of the Municipal Code titled "LICENSES, PERMITS AND REGULATED ACTIVITIES, ARTICLE 17, SCHEDULE OF LICENSES AND PERMIT FEES."

A. In instances where an organization is experiencing financial hardship in connection with the payment of the application fee and related costs associated with the preparation and filing of an application to obtain not for profit status under 501© 3 status, the City Council may, by resolution, grant a waiver of fees based on a financial hardship. The entity may make a Financial Hardship Application for Fee Waiver to the City Council through the City Clerk. The applicant must demonstrate that they have commenced the process of obtaining a 501©3 status, and provide information reflecting the existence of its financial hardship. Documents that may be considered as evidence commencing the process to obtain the status of 501©3, includes, but is not limited to 1) a copy of a completed application seeking the 501©3 status, 2) a copy of a letter(s) seeking professional and financial support for the filing of the application, and 3) documents reflecting that the failure to file is due to the absence of available funds to pay the 501©3 application fee and related costs.B. The waiver of municipal fees under this Chapter is may be granted only once to the entity seeking the financial hardship. C. If an organizations can demonstrate that it experienced a financial hardship that existed thirty (30) days prior to the formal adoption of this ordinance, said entity application for a waiver may be considered by the Council and if such a waiver is granted, the waiver of said fees shall apply.

The question of 501(c)(3) status most recently came up at a City Council meeting in connection with the baseball league controversy.  Charitable organizations achieve this status through the IRS, not the city. According to online information, there may be a $400 fee to file an application.

However, a closer reading of the proposed change to a city ordinance seems to indicate the applicant wants to be excused from paying city fees while going through the process of obtaining the exemption. The text above says the applicant has to show proof of seeking professional and financial support for the application. 

This is a convoluted situation, and as much as I do not want to prolong the meeting, the basis for this ordinance needs more explanation. In the case of the baseball league, a firefighters' group last week pledged to provide all the equipment needed, and yet the league's representative asked the council for more help. Do organizations that already have 501(c)(3) status get all fees waived? How do other exempt charities raise money? Further explanation is in order.

--Bernice

The Missing Link

An engineer's report on the North Avenue demolition leaves out a significant chapter in the building's demise. It says after the devastating fire in Dec. 2011, the elements basically caused further deterioration to the point where an emergency had to be declared this year.

As can be seen in this report from January 2012, a contractor rather crudely bashed in the rear of the building, but demolition was not completed.It was then that the elements had their way with the partly-demolished structure.

This part of the timeline should be included in any investigation and/or assignment of liability.

For Bill Kruse:

2.8    Investigations; removals.

    (a)     The council may make investigations into the affairs of the city and the conduct of any city department, office, commission or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. In addition to any other remedy, any person who willfully fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be adjudged a disorderly person, punishable by a fine of not more than $200.00, or by imprisonment for not more than 30 days or both.

    (b)     Council may remove any officer or employee, other than the mayor or a councilman, for cause, upon notice and an opportunity to be heard.

--Bernice

"Big I.O.U." Redux

Budget Year	No. of days	Amount of Liability	Reserved
2008	17,661	$4,880,873	-0-
2014	12,950	$3,426,576	$200,000
2015	10,779	$3,609,774	$175,000

In 2008, I called it "The Big I.O.U."

Employees, especially in urban municipalities, may add up all their unused sick and vacation time for a whopping big package at retirement. Some municipalities have a "use it or lose it" approach, but the state began requiring those with "accumulated absences" to state the liability in the budget document, including any funds set aside for payouts.

If I understand a resolution on Monday's agenda correctly, the city will be able to keep money in a fund from year to year to address the liability. It struck me as just another way that the city is developing fiscal prudence that was lacking over the years when there was no chief financial officer on the staff.

Plainfield has a system that lets employees accumulate sick days. Here is what the Municipal Code says:

Sec. 11:9-6.   Sick leave; accumulation.

    (a)     In the first calendar year of employment. employees shall be entitled to one (1) day of sick leave for each month of employment.

    (b)     Sick leave can be accumulated without limit during each employee's length of service. Upon regular retirement or work connected disability retirement. or upon death, employees shall be entitled to pay at the prevailing rate at the time of retirement or death on the basis of one-third (1/3) day per full, day verifiable sick leave accumulated and not previously used. Upon separation from service in good standing other than said retirements or death, employees shall be entitled pay at the prevailing rate at the time of separation on the basis of one-quarter (1/4) day per full day of verifiable sick leave accumulated and not previously used.

    (c)     Employees shall not be permitted to utilize anticipated sick leave until they have completed one (1) year of service. After one (1) year of service, employees may utilize up to the current year's anticipated sick leave, provided prior accumulated sick leave has been first utilized.

(R.O. 1957, 5:10-4, as amended May 4, 1970; MC 1971-9, §3, Sept. 20, 1971; MC 1973-4, §3, Jan. 15, 1973; MC 1973-28, §1, August 6, 1973.)

--Bernice

Demolition Investigation To Be Launched

Monday's City Council agenda includes resolutions to initiate an investigation of the North Avenue demolition and to hire the firm of Weber Dowd Law, LLC to look into it.

The timeline:

Friday, March 20: Mayor Adrian O. Mapp calls a special meeting for Monday, March 23 with three resolutions on the agenda, one authorizing an "emergency demolition," another establishing an appropriation of $250,000 to pay for it and a third awarding an emergency contract to Yates Real Estate Inc. to do the demolition.

Saturday, March 21: The emergency demolition takes place, even though merchants were told it would happen on March 24. Falling debris destroys a restaurant in an adjacent building.

Monday, March 23: Late in the afternoon, Mapp releases all documents pertaining to the demolition. A council majority rejects all three resolutions at the special meeting and vows to investigate the circumstances of the demolition. Maria Rosa, owner of Mi Buenaventura for 32 years, says through an interpreter that her livelihood is now destroyed.

Debris remains at the site. A GoFundMe benefit for Maria Rosa has been established. Mayor Mapp has provided more information on the demolition. Blogs and the Courier News have reported on the story.

Monday's agenda also includes a closed session of the council to discuss "potential litigation," though it is unclear whether it concerns the demolition. The meeting is 8 p.m. in Municipal Court, 325 Watchung Ave.

--Bernice

Budget Committee Nominees

Here is the list of nominees up for a vote Monday to serve on the Citizens Budget Advisory Committee:

Sharon M. Robinson Briggs 216 Pemberton Avenue (Councilwoman Gloria Taylor)

Delois Dameron 127 Netherwood Avenue (Councilwoman Bridget Rivers)

Thomas Kaercher 1115 Prospect Avenue (Councilwoman Rebecca Williams)

Jan Massey 1410 Evergreen Avenue (Councilman Cory Storch)

Richard Stewart 1117 Gresham Rd. (Councilwoman Tracey Brown)

William Reid 1131 St. Marks Pl. (Councilwoman Diane Toliver)