He spent campaign funding on airfare to Puerto Rico during Super Bowl week, tickets to the U.S. Open and a gym membership. After fighting an ELEC enforcement action for four years, Essex County Executive Joseph DiVincenzo has agreed to settle the case.
For four years, Essex County Executive Joseph DiVincenzo waged a court battle against charges he failed to disclose thousands in campaign spending and misused thousands more on trips to Puerto Rico, tickets to sporting events, a gym membership and other expenses.
On Wednesday, the powerful Democratic unexpectedly ended his fight with an agreement to settle the long-standing state enforcement action by paying $20,446 in penalties to resolve the case first brought by New Jersey's Election Law Enforcement Commission in 2013.
The settlement brings an end to the longest-running case in ELEC's history.
DiVincenzo's efforts to challenge the ELEC action and have the case dismissed were finally rejected by a state appeals court in September, reopening a matter that had been tossed out earlier on a legal technicality.
In the settlement finalized on Wednesday, the county executive neither admitted nor denied the violations alleged. Attorney Angelo Genova of Newark, who represents DiVincenzo, said his client was pleased to have mutually resolved the matter with the commission.
"This has been a textbook case on how the rules on permissible campaign fund expenditures for all candidates and public officials remain gray and not black or white," Genova said in a statement. "The county executive believes this settlement is fair under all the circumstances and avoids the expense of further litigation."
Jeffrey Brindle, ELEC's executive director, said the commission was satisfied with the outcome and credited his legal staff for litigating the case.
"It's good to have this matter resolved," he said.
The county executive's prolific campaign spending first came under scrutiny in 2011, after Marilynn English, a frequent critic and political foe, filed a formal complaint with ELEC regarding his alleged lack of disclosure on mandatory election finance reports.
In a separate examination of his campaign filings, The Star-Ledger found over one four-month period in 2012 DiVincenzo had used money from campaign donors to pay for more than 100 meals, 28 golf games and airfare for a planned trip to Puerto Rico. Those reports also showed he amassed about $250,000 in charges to his personal credit cards, paying off those bills with campaign account funds without disclosing the nature of any of the charges.
The election commission filed a complaint in October 2013, charging DiVincenzo-- one of New Jersey's most powerful Democrats and a close ally of Republican Gov. Chris Christie-- with misusing more than $16,000 in campaign funds and failing to disclose nearly $72,000 in campaign spending over a two-year period.
DiVincenzo was charged with improperly spending more than $9,000 for airfare, hotel stays and food for two trips to Puerto Rico during Super Bowl weekends in 2011 and 2012 that had been described as a political retreat for Essex County Democrats.
The complaint also charged that DiVincenzo used his campaign account to pay for tickets to the U.S. Open, Devils games and a Houston Astros game; a $676.94 tuxedo at Joseph A. Bank; a $97.25-a-month gym membership; and more than $100 in parking tickets in Nutley.
It also alleged that he did not disclose 614 campaign expenditures valued at $71,810 from 2010 to 2012.
However, attorneys for DiVincenzo challenged the complaint, arguing that no Democrats had participated in the enforcement proceeding.
By law, the four-member election commission cannot have any more than two members of the same party-- historically two Democrats and two Republicans. However, open seats on the election watchdog agency left unfilled for years by Christie, and a recusal by former commissioner Walter Timpone-- now a Supreme Court justice-- meant that no Democrats participated in ELEC's vote to bring action against the county executive.
DiVincenzo argued that absent a bipartisan vote, ELEC could not act and an administrative law judge agreed.
In September, however, a state appellate panel rejected the argument, resurrecting the case.
In its final decision on Wednesday, Brindle said commission agreed to drop some of the charges, and DiVincenzo filed amended reports itemizing expenditure information for 169 credit card transactions. The county executive also reimbursed his account for a number of expenses deemed to be impermissible, including the tuxedo, the gym membership and a parking ticket. Some of the airfare costs for staff members to attend a conference were found to be permissible expenses and those counts were dropped.
However, Brindle said expenses for a number of concert tickets and sporting events, including the U.S. Open, were disallowed.
There is no bar to DiVincenzo paying the settlement through his campaign finance account. According to ELEC officials, the only time a candidate's campaign funds cannot be used to write the check for an enforcement penalty is if that penalty resulted from a criminal case.
Genova said the commission recognized the county executive's representation that he possessed a "good faith belief" that the expenditures at issue were permissible by withdrawing a number of violations, by not requiring reimbursement of those disputed expenditures and by imposing a modest fine.
"We encourage the commission to address the vagueness of these rules in the future through new rule making and public comment to lend clarity to public officials and candidates," Genova said.
Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.