State ethics office clears Inglesino of pay-to-play

With some choice language aimed at his critics, Parsippany-Troy Hills Township Attorney John Inglesino announced Tuesday that the state Supreme Court’s Office of Attorney Ethics has dismissed charges of unethical conduct regarding campaign contributions made by himself and members of his law firm.

The accusations appeared in a resolution passed exactly one year ago by the Parsippany Township Council stating that Inglesino violated the township’s pay-to-play ordinance by soliciting members of his firm to contribute to the 2013 re-election campaign of Mayor James Barberio “through intermediaries for the purpose of concealing or misrepresenting the source of those contributions.”

Specifically, the resolution stated that the campaign office of state Sen. Kevin O’Toole, R-40, made a contribution of $5,000 to Barberio’s campaign on March 4, 2013. On March 19, according to the resolution, bundled checks from Inglesino and members of his firm totaling $5,000 were sent to O’Toole’s campaign account.

“The timing and amount of the aforesaid contributions create an irrefutable presumption that the contributions were in exchange for one another, in direct violation of the pay-to-play ordinance,” the resolution stated.

As a result of the alleged offense, the council, by a 3-2 majority, asserted by resolution that Inglesino and his firm “as a matter of law are hereby disqualified as township attorney.”

Office of Attorney Ethics Director Charles Centinaro, in a memo dated Feb. 5, stated that Inglesino did not violate the rules of professional conduct.

“Our investigation uncovered no evidence, let alone the clear and convincing evidence required in ethics matters, that the resolution was correct in its conclusory language,” Centinaro wrote.

Centinaro informed Inglesino of the report on Feb. 12.

“I have dismissed the above matter and closed our file,” Centinaro concluded.

“I am pleased and not surprised that this bogus case case was dismissed,” Inglesino stated in a release announcing Centinaro’s finding. “The resolution wrongly convicted me of a violation without any fact-finding whatsoever; and without notice and hearing. Thus, it is clear that Councilman Carifi and his allies, councilmen Valori and Peluso, are retaliating against me for doing my job as township attorney.”

Inglesino, a former Morris County freeholder and Rockaway Township mayor, was referring to Parsippany council President Paul Carifi Jr., who has publicly feuded with Barberio and Inglesino since his brother, former Parsippany police Capt. James Carifi, sued the township in 2011, claiming he was bypassed for promotion.

That suit set off a series of related lawsuits, investigations and legal challenges that have continued to the present, including the township investigating James Carifi for allegedly downloading and destroying police department electronic documents prior to his retirement in 2013.

Paul Carifi, with majority council support from Peluso and Valori, continue to criticize Barberio and Inglesino for excessive legal bills related to the investigation of his brother as well as overall township legal expenses.

“I will not be bullied into compromising my duties as township attorney,” Inglesino stated. “I am hopeful these three councilmen will permit me to do my job without retaliation when the township’s interests do not coincide with their personal interests.”

Al Barlas, chief of staff at O’Toole’s office in Wayne, said, “The facts are the facts, and the senator is pleased that the investigation led to the truth, which is that the allegations of the council were baseless.”

Valori stood by the council majority’s assertions on Wednesday.

“The monies funneled from Mr. Inglesino’s law firm to a campaign financial account creates significant concerns over impropriety, especially when Parsippany’s pay-to-play ordinance is much stricter than the state’s,” he said. “Based on Mr. Inglesino’s past shenanigans and shell games, this council had an obligation to its taxpayers to pursue this matter vigorously. Inglesino has already put Parsippany taxpayers on the hook for $900,000 in legal bills paid directly to his law firm and $700,000 for Aurora Information Security & Risk services, with Mr. Ingelsino circumventing the mandated council approval process when retaining Aurora.”

Valori was referring to more than $600,000 billed through Inglesino to the township by Aurora for forensic investigative services related to computers in the James Carifi case. Township Administrator Ellen Sandman negotiated the Aurora bill down to $220,000, but the council is still awaiting representatives of Aurora to appear at a meeting to field questions regarding those bills.

“Mr. Inglesino has provided excellent, ethical and efficient legal service to the township, but for the James Carifi case, legal fees would be less than the township has historically paid its attorneys,” Barberio stated in Inglesino’s release. “This is another clear example of Council President Paul Carifi using his office to help his brother against the township. Paul Carifi is a disgrace to the office he holds and Lou Valori and Rob Peluso are no better.”

“This council has an obligation to protect Parsippany residents and perform due diligence into all matters that appear improper,” Paul Carifi said. “The bottom line is Mr. Inglesino is directly related to the nearly $1 million in legal costs Parsippany residents are forced to pay. No council member should be sitting idly by and let this happen.”

Staff Writer William Westhoven: 973-428-6627; wwesthoven@dailyrecord.com