Two years after the state's election watchdog agency brought charges against Essex County Executive Joseph DiVincenzo over alleged misuse of campaign finances funds, an appellate court dealt a major setback to the case.
TRENTON--The state's appellate court today refused to allow a long-stalled campaign finance investigation against Essex County Executive Joseph DiVincenzo to continue, which could lead to the dismissal of all charges against the powerful Democrat.
DiVincenzo was accused of improperly spending thousands of dollars in campaign funds on personal expenses--including gym membership fees, travel and tickets to sporting events.
The case, first brought by the state Election Law Enforcement Commission more than two years ago, ended up before the Appellate Division after continuing vacancies on the campaign watchdog board led to challenges by attorneys for DiVincenzo over the legality of any enforcement action.
The commission, which by statute has four members, cannot have any more than two representatives of any one party. But four years after the death of one of the two Democrats on the commission, Republican Gov. Chris Christie still has yet to name a successor. The other Democrat, Walter Timpone--recently nominated to the Supreme Court--recused himself in the DiVincenzo case, leaving the two Republicans to vote on filing a complaint.
Attorneys for DiVincenzo, who is a major Christie supporter, argued that the lack of a bi-partisan quorum meant ELEC effectively could take no action in the matter, and said the complaint had to be dismissed.
In fact, with Timpone about to depart, ELEC will soon have no Democrats--and presumably, no ability to take action on any election law complaint in the state until Christie names a Democrat to the commission.
Nominee scrutinized over political favor
A spokesman for the commission said they were reviewing the ruling and considering their options. ELEC could further appeal the matter to the Supreme Court.
A spokesman for the county executive, in a statement, said the ruling supported the recommendations of an administrative law judge to dismiss the matter.
"We always have maintained that the public, candidates and elected officials are served when ELEC abides by the rules governing the time table to review ALJ recommendations and, most importantly, that when ELEC acts, it does so with a bi-partisan quorum," said the spokesman in the statement.
DiVincenzo was accused of allegedly misusing more than $16,000 in campaign funds and failing to disclose nearly $72,000 in campaign spending over a two-year period--including more than $9,000 for airfare, hotel stays and food for two trips to Puerto Rico during Super Bowl weekend in 2011 and 2012. The event was described by the county executive as a political retreat for Essex County Democrats. According commission's complaint, DiVincenzo also 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.
ELEC filed its enforcement action after a DiVincenzo political opponent, Marilynn English, filed a complaint in 2011 about the Essex County executive's lack of disclosure on campaign finance reports.
Attorneys for DiVincenzo, however, argued the complaint against the county executive had been legally flawed from the start. Administrative Law Judge Jeff Masin, who issued the recommendation calling for the case to be dismissed, agreed, saying the Legislature had specifically precluded the ability of a single-party majority from making a determination in any campaign enforcement matter in New Jersey.
ELEC attorneys, in their court filings, sought to keep the matter alive indefinitely until the governor appointed additional members to the commission.
In a ruling written by Judge Marianne Espinosa and joined by Judges Garry S. Rothstadt and Heidi Willis Currier, the appellate court said there was a legitimate concern over whether the public's confidence in the integrity of the political process might be compromised when ELEC's enforcement efforts are hobbled by the actions or inaction of other branches of government.
"However, the public--and respondents--also have an interest in having such enforcement efforts resolved in a reasonable, and not unlimited, period of time, rather than have unproven allegations of wrongdoing endure," noted the ruling.
The court said the law does not support ELEC's request to keep the matter open until the commission's roster of commissioners is filled.
"DiVincenzo is an elected official actively involved in public life. If unresolved indefinitely, the complaint creates a cloud over the integrity of his campaign finances, including future campaigns," said the court.
Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Find NJ.com on Facebook.