Judge rejects challenge to election bids by 2 Dover candidates

A Superior Court judge ruled Thursday that two former Dover aldermen -- running for office again in the Democratic primary as part of a slate supporting Police Chief Harold “Butch” Valentine for mayor -- live in town despite objections they do not.

After viewing evidence that included “selfie” pictures and Facebook posts, Assignment Judge Thomas Weisenbeck, sitting in Morristown, dismissed a challenge to the candidacies of Dominic Timpani and Patrick Fahy, who have filed to run in the June 2 Democratic primary.

Timpani, who served three, two-year terms as an alderman representing the 4th Ward, is challenging incumbent Robert Rutan. Fahy previously served four terms and is running against 3rd Ward incumbent James Visioli.

Visioli, who is Dover’s Democratic municipal chairman as well as a sitting alderman, objected to the petitions filed by both Timpani and Fahy by saying there was evidence that Timpani actually lived in Randolph instead of on Elm Street, and that Fahy had moved out of town in October to reside with a girlfriend in Newton.

Municipal Clerk Marge Verga was not able to verify that Timpani and Fahy live in the wards in which they are running so attorney Brian Mason, on her behalf, sought a ruling from the judge, who decided in favor of the two candidates. After the hearing, both men said they believe Democratic Mayor James P. Dodd was behind the residency challenge.

“That’s absurd,” said Dodd, who was not a party to the case but attended the court hearing. “Obviously they can say whatever they want. There’s a process we all have to go through to run and there was some information that came forward. It really is the chairman’s obligation to hold them accountable.”

Visioli, who was not present but was represented by attorney Mark Brancato, contended in court papers that Fahy moved out of Dover in October 2014 with a girlfriend to live in Newton. The residency challenge was mostly based upon Facebook postings that show Fahy and girlfriend Julie Ames Zarra -- on her Facebook page -- describing their new home in Newton and bidding “hasta la vista” to Dover.

“We bought a house!” said the Facebook post, which was admitted into evidence.

Called to testify, Fahy said he doesn’t know Julie Ames but then said his girlfriend is Julie Zarra, that she purchased a home in Newton on her own, and that her middle name might be Ames. Fahy said he doesn’t have a personal Facebook account and saw the Facebook comments and pictures of the Newton home for the first time when the case was filed.

Fahy said he has lived his entire life, 36 years, on East Chrystal Street and presently resides with his mother, two sisters and a brother. He said he spends 75 to 80 percent of his life at the house and occasionally stays at Julie Zarra’s house in Newton, though he didn’t help her buy it.

Fahy distanced himself from the Facebook postings in which Julie Zarra talks about “we” buying a home in Newton, saying he didn’t participate in the posts. He expressed ignorance of “selfie” pictures when the judge asked if he or Julie Zarra snapped a particular “selfie” of themselves that was posted to the page.

“Julie must have taken that,” Fahy replied.

“Aren’t you in fact residing with her in a home outside of Dover?” Brancato directly asked Fahy. He replied no and said the most he keeps at Zarra’s home is an extra pair of sweatpants for weekends he spends there.

Also challenged on his residency, Timpani testified that he has always lived on Elm Street, a three-family home, and that multi-family housing records on file in Dover are outdated and reflect tenants who have moved out. He said that his mother lives in Randolph and that he has consistently maintained housing in a family-owned home on Elm Street with his wife and children.

Weisenbeck concluded there was some “reluctance” on Fahy’s part to answer questions and that he spends a “fair amount of time” outside Dover. But he found there was not enough evidence to conclude that Fahy doesn’t live in Dover on East Chrystal Street, and plenty of data to show he does, including insurance policies, a firearms ID card and cellular phone bill.

In Timpani’s case, the judge said he found him “credible in all respects” and that Visioli as Democratic chairman didn’t meet his burden of showing that Timpani doesn’t live in Dover.

After the hearing, Fahy said he is eager to be elected and believes the court challenge was meant “to intimidate and bully” himself and Timpani out of running.

“As a lifetime resident my heart and commitment is and always has been in Dover,” Fahy said. “The lies, fear, threats and intimidation by Mayor Dodd and Jim Visioli will not stop my efforts to change the direction of the town of Dover for the betterment of families and residents in Dover. The winners today are the voters of Dover.”

Both Fahy and Timpani released statements that identified their goals, and what they believe to be “broken promises,” excessive legal billings in town, and poor management of the town.

“I can’t believe we are here debating residency issues, wasting the Dover taxpayer’s money and the court’s time because of the mayor, Jim Visioli and (town) attorney Tim Downs,” said Timpani.

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