Rockaway Twp. watchdog sues to cut off benefits

Government "watchdog" Tucker Kelley has sued the mayor and most council members in Rockaway Township, claiming they have received health benefits to which they are not entitled.

Mayor Michael Dachisen, who said he has not yet seen the lawsuit, said labor counsel twice has issued opinions that certain elected officials  are entitled to the benefits. He said that Kelley, who unsuccessfully has run six times as either a Republican or independent candidate for municipal office, must be smarting from the June primary when he lost the GOP nomination for the mayoral seat to Dachisen.

"He hasn't accepted defeat. I guess the campaign is still going on for him," Dachisen said.

Municipal Attorney John Iaciofano said tha tKelley has raised the issue of benefits in the past and that state law permits municipal elected officials who were in office prior to May 21, 2010, to receive health benefits.

"The provision of health benefits to the officials under state statute is appropriate," Iaciofano said.

Iaciofano charged that Kelley's persistence in filing lawsuits, Open Public Records Act requests and complaints with the state's Government Records Council has cost the township about $395,000 in legal fees since 2007, and that he has even written "insulting" communications to the township clerk and accused her of not knowing how to comply with OPRA.

"His whole act is about creating scenarios to advance his political agenda," Iaciofano said.

Kelley's lawsuit, made public Tuesday in state Superior Court, Morristown, demands that the mayor and certain council members reimburse the township and taxpayers the sum of  "unentitled benefits," along with interest, attorney fees and the costs of the lawsuit.

The lawsuit names as defendants Dachisen and council members John Quinn, Frank Berman, Alexander Gellman, Daniel Anello, Stephen Antonelli, Max Rogers and Paul Minenna. Current council members Jeremy Jedynak and Donald Reddin do not receive health benefits from the township.

All the defendants were elected to the Township Council well before 2010.

The lawsuit contends that the compensation to be paid to the mayor and council is established by ordinance and provides for a salary that is not based upon weekly hours. There is no ordinance that enhances compensation by adding health benefits, the lawsuit said.

The lawsuit said the township has a policies and procedure manual that sets the eligibility for benefits from the township, and employees are defined as nonelected officials who are employed by the township in a full or part-time capacity.

"The defendants as elected officials were not and are not eligible to receive medical and other benefits from the township of Rockaway as they are not classified as employees of the township under the policies and procedures manual," the lawsuit said.

   Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.