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Leak Case Against Teaneck Deputy Mayor Can Proceed

Judge rules complaint against Teaneck Deputy Mayor Adam Gussen, a Democratic candidate for Congress, can move forward.

 

A judge has found probable cause to move ahead with a complaint by a longtime political foe of Teaneck’s deputy mayor, in which she accuses the now-Congressional candidate of leaking confidential information about her to the media.

Former Councilwoman Barbara Toffler alleges that Adam Gussen, who is running against Republican Rep. Scott Garret in the 5th District, leaked a personnel complaint filed against her by Township Manager William Broughton, and that he shared with a newspaper reporter information about a closed session council meeting in Jan. 2011.

"I have evidence which provides probable cause to believe that this confidential information, and in all likelihood the letter itself, was provided ... by Deputy Mayor and Councilman Adam Gussen," Toffler said in a statement to police. "I believe that the release of the information was for the purpose of harming my professional and political reputation."

Gussen has not been charged with a crime. Bergen County Municipal Court Judge Roy McGeady found probable cause for the complaint, which was filed with Teaneck Police in June, to proceed, but prosecutors must now decide if they will pursue a criminal case.

"Once a judge finds probable cause, the matter goes into screening, during which we'll decide whether to retain it … or dispose of it in some other manner such as remanding to municipal court," Bergen County Prosecutor John Molinelli said Friday, without speaking specifically about Toffler's complaint.

Toffler said she was pleased with the judge's ruling.

"I feel like it’s the first little bit of justice I’ve gotten," she said Friday.

In a statement Friday, Gussen denied Toffler's allegations, calling them "groundless and unsubstantiated."

"I have not been notified by the court about the results of this hearing and  therefore cannot speak to them," Gussen said. "That being said, Toffler has a history of making baseless accusations to further personal attacks."

In the sworn statement, Toffler wrote that Teaneck Suburbanite reporter Howard Prosnitz left her a voice message on Jan. 31, 2011 to ask about a closed session council meeting set for the next day. The subject of the meeting was reportedly about the manager’s confidential complaint against Toffler.

"I am calling because it was overheard at the Cresskill office, The Record reporter apparently speaking to Councilman Gussen on the telephone about ... I presume the subject of the [closed] session,” the Suburbanite reporter said in a voicemail to Toffler, according to a transcript she provided.

The next day, an article was published in the Record under the byline of reporter Joseph Ax containing the confidential information, the statement said.

Toffler’s statement said the Suburbanite reporter told her he was informed of Gussen’s conversation with Ax by Christopher Lang, the editor of the Northern Valley Suburbanite, who allegedly overheard the call.

Jennifer Borg, vice president and general counsel for North Jersey Media Group, declined to comment.

In a May interview with Teaneck Patch, Toffler accused Gussen of being behind the leak and vowed to pursue criminal charges. Her complaint was filed with Teaneck Police on June 6, records show.

Gussen and Toffler repeatedly battled during their public careers and the leaked letter came after Toffler accused officials of spreading news of an accident she was in as retaliation for her opposition to a failed plan to create a public safety director. The council voted to censure her for the "erroneous and unsupported" public accusations and she later lost a lawsuit seeking to have the censure overturned.

Gussen pointed to Toffler's censure in rebuffing her claims Friday.

"Her censure by a supermajority of council and the subsequent dismissal with prejudice of her suit against the governing body makes it clear that her brand of destructive character assault deserves no merit or attention," his statement said.

Township officials have denied a public records request to release Broughton’s  compliant, citing confidential personnel matters.

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Related Topics: Adam Gussen, Barbara Toffler, Councilwoman Barbara Toffler, Deputy Mayor Adam Gussen, and Teaneck Township Council

Keith Kaplan

7:27 pm on Friday, July 27, 2012

So, if I'm reading this right -
Toffler gets a call about a "closed session topic" and she claims that there was nothing wrong with it, because someone ELSE told the reporter about it.

Toffler says that another Council-member got a call about a "closed session topic" and the only possible explanation is because he was the leak?

Out of idle curiosity, did any OTHER council-members also get phone calls seeking comment?

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Keith Kaplan

7:28 pm on Friday, July 27, 2012

And Noah - just a question regarding journalistic integrity..... Is it common practice for another reporter in an office to call around and say who other reporters have been talking to?

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JamesTS

7:41 pm on Friday, July 27, 2012

Wow. Maybe The Record needs a new office!! It is sort of funny

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Art Vatsky

8:06 pm on Friday, July 27, 2012

James, it is definitely not funny. Someone provided confidential township information to a reporter. Howard Prosnitz knew that information should not be available to anyone outside the Council. If it was a Council Member, whoever leaked that info broke faith with the other members and the residents of Teaneck. How can Councilmembers discuss a controversial issue openly in a closed session if there is a risk of their words being leaked by another member?

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JeffO

3:09 pm on Saturday, July 28, 2012

My guess is it didn't dawn on Mr. Prosnitz that Record reporter Joe Ax's source had committed a crime. As the Suburbanite reporter for Teaneck, he was was just trying to catch up with a story that was going to break in the Record. Calling Ms. Toffler for comment was an obvious thing for him to do.

JamesTS

9:20 pm on Friday, July 27, 2012

Art; All I an saying is reporters are supposed to dig up secret information and report to the public. Its now our society works. it is funny to me that ANOTHER reporter was listening to the record's call. Sort of strange for a workplace right?

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John Santaella

11:52 pm on Friday, July 27, 2012

I'm slightly confused. Is this ''Teaneck Follies II or III"?

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Art Vatsky

12:09 am on Saturday, July 28, 2012

James: Reporters are supposed to get whatever information they can. That is Freedom of the Press. I am looking at the other end. Why would someone leak info meant to be confidential? What was the motive? Was it leaked in an attempt to destroy another Council member? What the press did with the information is besides the point. Only 8 people could have leaked it: 7 Council members and the Manager, I think. I hope we identify the leaker and close this issue.

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Kelly

6:31 am on Saturday, July 28, 2012

just for clarification; The Teaneck Surbanite & the Record are owned by the same company.

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Diane Schwarz

9:12 am on Saturday, July 28, 2012

Meanwhile, who've we got to fight Scott Garrett?

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Jacob

2:34 pm on Saturday, July 28, 2012

Unfortunately, it seems that the Teaneck taxpayers continue to lose precious funds as Mrs. Toffler continues her futile attempts to destroy one of her former colleagues. Even though she lost handily in her re-election bid, she continues to stick her hand into the pocket of the taxpayer. Shame on her!

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JeffO

2:54 pm on Saturday, July 28, 2012

There is no question that someone in Teaneck government broke the law in illegally leaking confidential information. Whoever did -- and there is probable cause to think it was Gussen -- will be the reason for any legal expenses the town might incur as a result of this criminal investigation. That said, it's not clear to me that town would or should provide any legal representation to Gussen. Let the nasty, character-assassinating bully get his own lawyer.

Art Vatsky

4:37 pm on Saturday, July 28, 2012

I would not be so hard on Ms. Toffler. While not perfect in action or deed, she was very heavily punished by the Council majority over a relatively minor misquote/infraction. You are blaming the victim.
This is a much larger and more important issue. Someone on our Council broke faith with the people of Teaneck in order to score some political points. Who ever did it may still be on the Council. That is the person that should be found out, censured, and possibly removed. That said, I think we are in the hole to defend the Council member(s) accused.
We have already paying for about $20 million in unwise administrative (sexual and other harrassment by our paid staff) and poor construction (of the police station and the Streetscape). We have a $65 million annual town budget. The money will have to be found.

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Al

7:35 pm on Saturday, July 28, 2012

What exactly is the crime? Breach of confidentiality? It is unethical but what crime is there? It's not like outing a CIA agent.

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JamesTS

8:19 pm on Saturday, July 28, 2012

I just don't see much proof here that Gussen leaked the information.. all this from a overheard phone call? nobody knows what was even said on the call. i can't see this going very far but I'm no lawyer.

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Art Vatsky

8:45 pm on Saturday, July 28, 2012

James, you may not be a lawyer but you could play one on TV. I just saw a lawyer's comment and you were very close. I see the situation differently. We need to know who the snitch is/was and get that person off the Council if they are still on it. No more leaks!

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Keith Kaplan

9:42 pm on Saturday, July 28, 2012

Art, the only 2 people that know anything are Prosnitz (who will presumably use the 1st amendment) and the leaker (and IF it's Broughton, I'm not sure IF a crime was even committed).

Good luck in the next phase when the hearsay phone call isn't even allowed in as evidence.

All I know for sure is that WE get to pay for more of Toffler's vindictiveness.

And as far as "blaming the victim". She's no victim - she rolled in the mud and blasted off her mouth without thinking or verifying information.

A Court determined her complaints to subsequently be baseless (even if they weren't time-barred).

Sad, just sad. I had thought we were moving past this crap.

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Keith Kaplan

9:45 pm on Saturday, July 28, 2012

And Jeff, that's not correct - there might be a question as to "if" someone broke the law. I haven't gotten a satisfactory answer yet.

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JeffO

10:57 pm on Saturday, July 28, 2012

Keith, your sophistry in defense of your buddy Gussen is as transparent as it is inexcusable. The judge ruled there was probable cause that Gussen broke the law. I can't imagine that the judge would let this go forward if he didn't think the law had been broken.

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Keith Kaplan

11:09 pm on Saturday, July 28, 2012

Jeff, the rules for evidence in a hearing such as the one that occurred are very different from the rules of evidence in an actual trial. Namely, hearsay was allowed in the former, but won't be allowed in the latter.

Therefore, without even a tape that says that there was a leak, I find it hard for anything to go forward in this case.

It's not sophistry, but my reading of the law and the evidence as presented. If you have more than "you're friends with Gussen", bring it -- otherwise, we'll just have to wait and see.

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JeffO

11:20 pm on Saturday, July 28, 2012

And in past posts, you acknowledged that the inappropriate leaking of this information was against the law.

Both you and your sleazebag friend Gussen have tried to throw Broughton under the bus, suggesting that HE was the one who leaked the information -- and while you've both put forward the clumsily sophistic argument that it wouldn't be illegal if Broughton had leaked it, it's a demonstrable weasel. The complaint he lodged was not against him; it was against Toffler. Clearly the complainant cannot leak against the defendant.

Beyond that, as a result of Open Public Records Act requests, it was ruled that there were two parties in interest in this complaint -- Broughton and Toffler. Toffler has agreed to have the complaint released to the public. Broughton has not, effectively nullifying any sophistic argument you or anyone could put forward that his leak would not be illegal.

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Keith Kaplan

11:23 pm on Saturday, July 28, 2012

I couldn't quite read all the words through the haze of anger - was that a legal argument?

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JeffO

11:41 pm on Saturday, July 28, 2012

Let the anger subside and the clarity set in. I don't know if it was a legal argument. I do think it was a moral argument.

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Keith Kaplan

11:58 pm on Saturday, July 28, 2012

As Art correctly pointed out, there were 8 people, at minimum, that had access to that letter. I have no more knowledge than you as to who leaked it.

What I do know - is that Toffler is very angry at Gussen and has had no problem with making "inaccurate" accusations in the past. In light of that, I take this with a grain of salt.

Put another way, other than your moral outrage and distate for Gussen, do you have any proof or relevant information that makes you believe he's a more likely source of the leak than Broughton?

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JeffO

12:37 am on Sunday, July 29, 2012

First, can we take one issue off the table? In the past you have acknowledged that there was a leak, which, on its face, was it illegal. Do you still hold to that acknowlegement?

If you think there might somehow be an exception to that conclusion if Broughton was the leaker, why do you think that would be the case? Broughton was the accuser, not the accused, so how would that let him off the hook of acting i legally? I don't buy the pernicious suggestion that he was the leaker, but let's assume he was. Since he -- unlike Toffler -- has refused to let his own complaint be made public, how can any suggestion that he is the leaker lead you to any other conclusion than he's reprehensible coward? Isthat what you're suggesting?

You know that never I agreed with the decision to hire Broughton -- an issue we don't have to rehash here. But for the reasons I outlined above, I definitely think Broughton is a far less likely source of the leak than Gussen.

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Keith Kaplan

5:14 am on Sunday, July 29, 2012

My understanding (based on comments from the township attorney) is that in a case such as the - the two principals, namely Toffler and Broughton need to consent in order for the letter to become public. Since Toffler has already consented - Broughton's consent is all that's left to be required for it to be shared.

Do you disagree? If so, on what basis?

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JeffO

10:54 pm on Sunday, July 29, 2012

I don't disagree, but I have no idea what your point it. I suspect your purpose is to confuse.

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Keith Kaplan

11:20 pm on Sunday, July 29, 2012

My POINT - is that IF Broughton chose to send it to the papers....that may not be a crime.

The logic being that, as you agree, he has the right to do so since he is the only person LEFT to decide whether or not it's to be released.

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JeffO

8:27 am on Monday, July 30, 2012

Please. You know very well that the only reason both Toffler and Broughton were asked if they'd agree to having the complaint released is because news of it had ALREADy been illegally leaked months earlier.

Really, Keith, I'm beginning to think that deep down you suspect your friend is guilty. Otherwise why would you resort to such laughable reasoning?

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Keith Kaplan

12:14 pm on Monday, July 30, 2012

Jeff, I'm not sure what you "think" I'm thinking, but all I "KNOW" is that one of 8 people had the letter and provided it to a newspaper.

I also "KNOW" that this case is not meant to be an investigation as much as it's a venue for Toffler to go on a personal vendetta using the Prosecutor's office as the club to whack Gussen with.

Any attempt to claim anything else is purely wishful thinking as we don't have any other FACTS at our disposal.

Again, to clarify from my ORIGINAL comment up top:

Toffler gets a call about a "closed session topic" and she claims that there was nothing wrong with it, because someone ELSE told the reporter about it.

Toffler then says that another Council-member got a call about a "closed session topic" and the only possible explanation is because he was the leak?

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JeffO

4:17 pm on Wednesday, August 8, 2012

Keith, I was on vacation last week and didn't want to spend more time on this than I did. But let's examine your advocacy on behalf of Gussen one more time.

You state: "Toffler gets a call about a 'closed session topic' and she claims that there was nothing wrong with it, because someone ELSE told the reporter about it."

She doesn't have to "claim" these facts -- she can PROVE that she RECEIVED a call -- and did not make it -- with the recording Howard Prosnitz left on her voicemail. Of course, it wasn't Prosnitz but Joe Ax who authored the Record article that appeared BEFORE the supposedly confidential closed council meeting and shortly after the overheard conversation between Ax and Gussen took place.

You further ask rhetorically: "Toffler then says that another Council-member got a call about a "closed session topic" and the only possible explanation is because he was the leak?"

I'm not sure she’d say the ONLY possible explanation is that Gussen was the leak, but it's certainly suspicious and needs to be looked into.

In that regard she does NOT say that Gussen got a call from Joe Ax. Who initiated this phone call is a very important question that needs to be answered.

(continued)

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JeffO

4:18 pm on Wednesday, August 8, 2012

As you know, Gussen privately acknowledges that he spoke to Ax prior to the Record article. When I spoke to him, he didn't say who called whom, but he did insist that Ax asked him questions about these confidential matters and that he refused to answer.

Fine. But there's no recording to prove his story and for some reason, he has never told it publicly, even when it made sense for him to do so.

Now granted, unless Ax or Northern Valley Suburbanite editor Christopher Lang is willing to testify as to what was said or overheard during Gussen's and Ax’s conversation -- which may well have been on speakerphone so that Ax could type -- it'll be hard to establish a "smoking gun" in this matter.

On the other hand, since 1.) no other council members have, to my knowledge, said they spoke to Ax about these matters and 2.) Gussen has admitted that he did call Ax after the "license plate incident" and that 3.) he would often call Ax with news tips; I think it would be a worthwhile exercise for the Bergen County Prosecutor to have a chat with Gussen.

Let the self-implicated character assassin give a deposition under oath, and swear to the Prosecutor -- and to G-d -- that what he so far only says privately is actually the truth.

What Lola Wants

10:33 pm on Saturday, July 28, 2012

Ho Hum. Babs, it's time to move on. You violated your vows of serving the township by suing the council and costing the taxpayers tens of thousands of dollars in legal fees defending themselves. People wouldn't have been so angry and voted you out if you were really serving the town's best interests. You were too busy having hissy fits about being caught on tape for a minor fender bender. It all would have gone away if you would have ignored it. You obviously have had too much time on your hands instead of working for the betterment of Teaneck. The voters have spoken. Put on your big girl pants and move on.

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Art Vatsky

10:36 pm on Saturday, July 28, 2012

Keith: Your logic is good and even likely. Still the judge said "probable cause" and deemed the case go to the DA. If the case is that weak, it will go away. Even if the case goes ahead it is only about Gussen. I want the actual leaker. If he is not the snitch, who is? The Council could have investigated itself in 2011 but did not.

About Mr. Broughton, right again. He did not take the Council oath of office so there may be no crime. That is OK. Whoever did it betrayed the other people in the room. Knowing it happened once means it could happen again. That distorts the decision making process. Hence that person needs to be removed. Our Council was indifferent to the issue.

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Keith Kaplan

10:55 pm on Saturday, July 28, 2012

I agree regarding the "investigation", although considering how they were in public, I'm not sure that certifying a witch-hunt would have gotten any objective "truths" as much as providing a forum for more mud-slinging.

Regarding Broughton, I'm not referring to whether or not he took the oath of office (I'm not a lawyer, but I thought he's still bound by the confidentiality of closed sessions). I'm referring to the fact that since Toffler is on record as having "released" the letter, the only thing keeping it from being released IS Broughton. It's my understanding that if he chose to say "it can be public", as the only principal left to do so, by law it could be released.

Therefor, if he decided to send it to a reporter, in theory, no crime may have been committed. As opposed to the statement by Jeff above, to the contrary.

Again, consult your attorney handbook.

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JeffO

1:03 am on Sunday, July 29, 2012

First of all, lest anyone be misled by this post, the letter has not been released, although Toffer has stated he has no objection to its release.

Many weeks if not months after word of Broughton's complaint was illegally leaked to the press, Broughton said, after Open Public Records requests, that he did not want the actual letter to be released to the public, and it wasn't. The notion that this somehow would justify his sending the letter to Joe Ax weeks if months earlier boggles the mind.

Art Vatsky

11:30 pm on Saturday, July 28, 2012

Jeff, you are an eloquent writer but you misinterpret my comments about the Manager. Sure, it is possible that Gussen did it. Maybe he is the obvious choice but anyone in that closed meeting room COULD have done it. Each had the opportunity. Who had the motive? Sounds like a case for Perry Mason, no?

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JeffO

1:10 am on Sunday, July 29, 2012

Don't get what you're referring to here, Art.

Art Vatsky

2:28 am on Sunday, July 29, 2012

Jeff: I did not recall the content of the leaked material, only that it was leaked. That is why I am assuming every one in the meeting had equal chance of leaking the info, then playing the results for sympathy.

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Jacob

10:27 am on Sunday, July 29, 2012

Is it possible that Toffler leaked it just to mix things up a bit?

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Art Vatsky

11:35 am on Sunday, July 29, 2012

Jacob: That is it. "It IS possible that Toffler leaked it just to mix things up a bit." But it is highly unlikely. It is conniving, diabolical and very risky. I believe there were others in that room that are more likely to have done so. The current case only seeks to investigate one of those. If cleared, the investigation ends and the snitch remains in the meetings ready to smear another Councilmember.

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Tee Smyth

12:00 pm on Monday, July 30, 2012

Ya' can't help but to laugh at the comedy of this all. Curly heard that Larry said that Moe said.......... But, after the laughter subsides, you realize that this is real. YIKES. There's a huge hearsay problem here. Are we up to triple hearsay? LOL. Much as a I loathe Adam Gussen's manner, I doubt that this gets anywhere.

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Barbara Ley Toffler

2:29 pm on Monday, July 30, 2012

Comedy for all of you, yes. This has been my life for two years since the May 25, 2010 email threat from Lerer, et.al: "we will monitor your every comment and action and bring a formal complaint against you." (I have a full pack of threatening and harassing emails I have received since 2007 if anyone is interested in a few hours of reading. Two points: 1) Lola and Jacob, please imagine you are doing your job as an officer of an organization for which you are working very hard. But some of the other officers don't agree with your opinions or the actions you successfully take on behalf of the organization. So they accuse you of wrongdoing, hire people to stand up publicly and denounce you, send statements about your wrongdoing to the media and to those who would employ you and you suddenly can't get work. And even though it's illegal, all this is done without any investigation by anyone, let alone an independent investigator. You are publicly denounced as a wrongdoer despite no proof of anything. Who is in the wrong? You? How do we know? Or is the body that accused and found you guilty without investigation or evidence? Obviously the body that accused and found you guilty without evidence or investigation. Would you sue that body to prevent them from doing what was done to you to anyone else and restore your good name? Most people would, even though it would cause their beloved organization money. Because the representatives of the organization did wrong, not you! (cont.)

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Barbara Ley Toffler

2:42 pm on Monday, July 30, 2012

If you want to be angry about the relatively small amount of money this lawsuit cost the town, direct your anger appropriately: to the 5 members of the Council who chose to be accuser, jury and judge. They violated their oath to the town. They should not be allowed to do this to anyone. Former Mayor Kevie Feit suffered worse attacks from the same council members, but decided to just not run again. Had he appropriately decided to fight what was done to him, I might have been spared. 2) in regard to my election loss, let's look at what was done: Yitz stern sends an email to just about all in the Orthodox Jewish community telling them to vote for only two candidates, Schwartz and Hameeduddin because "they have our interests at heart.". That the other candidates had the whole town's interests at heart was not wanted. A robocall on a phone belonging to a council member went out telling people not to vote for me, flyers announcing my censure and lawsuit (see above point 1) went out telling voters not to vote for me, another candidate's canvassers threatened my canvassers with arrest for not being from Teaneck, you've all heard about the lawn sign set up, and -- my 3000 door hangers put out for election day were ALL removed (save one found in a puddle in the street). There were, I was told, residents who were led to believe they would lose town services if they voted for me.. just so you know. I will say nothing about the prresent case. It is now with the prosecutor.

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Keith Kaplan

2:46 pm on Monday, July 30, 2012

ok, let's say we grant you all of that as being 100% true - where's the proof for this case? Without some kind of proof, it's just a tremendous waste of taxpayer funds.

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Barbara Ley Toffler

3:01 pm on Monday, July 30, 2012

At least for this specific situation, let's allow the legal process to go forward, without individuals who do not know the facts making statements as if they did. Seeking justice is not a waste of taxpayers funds. it took us TWO YEARS to get justice for the two Teaneck pollworkers who were unjustly removed from their pollworker positions. Two years. But finally they were reinstated. That was worth every penny the taxpayers and the pollworkers supporters spent. I hope you are not suggesting that in Teaneck residents would rather pay lower taxes and forgo living in a just society.

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Keith Kaplan

3:11 pm on Monday, July 30, 2012

Seeking "Justice" would involve an investigation into any and all possibilities for how the document could have gotten int he hands of a reporter. Correct me if I'm wrong, but this isn't such an investigation -- as opposed to an allegation into one specific council-member.

While it's a nice attempt to muddy the waters with the story about the poll-workers, unless they had some hand in leaking this letter, I'm not sure why you feel they are relevant to the discussion.

Orthowatch

3:19 pm on Monday, July 30, 2012

Ms. Toffler,
Quite frankly, with taxes being what they are, I think that many residents would allow the pollworkers to not be reinstated if it meant lower taxes.

I've seen what you're like in some council meetings. Some of your outbursts are shocking, and honestly, you come across as a crazy person at times. That was why I didn't want you reelected. You also left the scene of an accident. Whatever happened afterward doesn't matter much to me. I wouldn't vote for someone who can do such a thing.

In the past, you've made comments against the Orthodox Jewish population, saying that you don't want Teaneck turning into an area like the ones in Rockland County. How can you be so blatantly racist?

You wrote "Yitz stern sends an email to just about all in the Orthodox Jewish community telling them to vote for only two candidates, Schwartz and Hameeduddin because "they have our interests at heart.". That the other candidates had the whole town's interests at heart was not wanted."
Yes, Jews will vote for those who will be best for the Jews. That is generally how elections work. You vote for the one you believe will be best for you. I assume all candidates have the town's best interests at heart, but they have different ways of showing it. Some might be better for the Jewish community, some might be worse.

Ms. Toffler, you brought all these problems on yourself. Now live with it, and stop wasting our tax dollars.

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Tee Smyth

4:21 pm on Monday, July 30, 2012

Dr. Tofler, I do not begrudge you of your opportunity to pursue your day in court, and neither should anyone else. (i.e.: Orthowatch). But, you have to know that this is one tough hearsay hill to climb. Godspeed. Also, I received one of your door flyers.

@Orthowatch: The beauty of Stern and Katz is that they make their bias so obvious. So help me, if I have to drive every eligible and willing voter in Teaneck to the polls to insure that neither of them is re-elected, I promise that I will.

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Art Vatsky

4:26 pm on Monday, July 30, 2012

Hmm, this is getting interesting. Bring in an valid example and you are accused of "muddying the waters". Can you differentiate between a bump in a snow bank from a bump against a flimsy license plate holder? The frustration that Ms. Toffler felt on the Council, I feel in the audience. Look at the record of Teaneck government over the past 20 years. This is what is "best for the Jews"? Did we really have to lose ~$20 million in legal judgments and shoddy construction costs that we are still paying for - about $1 million a year? Ms. Toffler didn't agree with the Council majority and she paid a price for that. Ms. Toffler thought things could made better. So do I. I submit that the Teaneck Council isn't about religion. It is about power - $65 million a year power. Isn't it time to consider more than parochial/provincial issues? For instance, can we work together as a wider community to have an emergency response plan in the event of a derailment on the CSX tracks. Do you know what to do? Where to go? How to keep your family safe?
Can we work together on getting that knowledge to our residents?

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Tee Smyth

4:33 pm on Monday, July 30, 2012

@ Keith Kaplan: Are you saying that you want the victim to investigate the malfeasance? And, yes. She was a victim.

As far as costing the township money. Welp, the leaker should have considered that before breaching his/her oath.

I have no dog in this fight. But...come on. Really?

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Keith Kaplan

4:40 pm on Monday, July 30, 2012

Barbara Toffler is many things, but she is only a "victim" in her own mind. She was a sitting council-member that didn't think before she spoke. She said things which turned out to be false and her political adversaries pounced on. Welcome to politics.

I'm not saying that she, in her individual capacity should investigate the malfeasance (nor am I saying there was necessarily malfeasance) -- what I am saying is that instead of trying to uncover "truth" which is objective, she's making a complaint against one single individual without any showing of the facts more than hearsay evidence of a third hand comment.

There may very well be more information she's not putting forward, but unless someone has a lot more than inadmissible evidence, this case is a loser.

Rather than ANY investigation, this reaks of vendetta. And we get to pay for it. Her case already went before a Judge once - and he ruled against her ON THE MERITS, despite the fact that her case was out of time. How many more times must we pay to re-litigate the same thing?

Tee Smyth

6:02 pm on Monday, July 30, 2012

I stopped reading after you said that she was a victim in her own mind. Good day, sir.

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Stevie

8:42 am on Tuesday, July 31, 2012

"I stopped reading after you said that she was a victim in her own mind."

Yes, that would be logical. Only read what you agree with. I also have no dog in this fight, but it seems to me that all these lawsuits only cost us taxpayers more and more money. Why can't Barbara play nice with the other kids? It makes me wonder why she can't seem to get along with others.

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Tee Smyth

9:57 am on Tuesday, July 31, 2012

Why would I waste my time reading a diatribe about whether this woman is/is not a victim when a judge has decided that there is probable cause to move forward? So...who's being illogical?

Yes, lawsuits cost a lot of money and members of the Council should know that better than anyone living in Teaneck. Perhaps he/she should have considered that prior to the breach. Good day, sir.

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Tee Smyth

10:04 am on Tuesday, July 31, 2012

Also, your comment reaks of condescension with a little sexism and chauvenism sprinkled in for good measure. Ciao for now!

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Keith Kaplan

10:08 am on Tuesday, July 31, 2012

Sorry Teesmyth, but part of being an elected representative is collaboration and "getting along with others". Sniping and seething comments have no place and making every single action about yourself being victimized doesn't move the needle anywhere positive either.

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Smile

2:18 pm on Wednesday, August 1, 2012

@Teesmyth - "Probably Cause" and "guilt" are not nearly the same thing.

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Tee Smyth

3:04 pm on Wednesday, August 1, 2012

Umm. Yeah. LOL. LOL. I can't take anymore chuckles for the day. I'm going to let the legal eagles have at it for the rest of the thread. Ciao for now.

Art Vatsky

9:42 am on Tuesday, July 31, 2012

Stevie: Just cause Barbara was in the minority doesn't mean she was the one who is wrong. We already have a municipal government that is not very transparent and doesn't abide by municipal law regarding contracts and minutes. If you were on the Council would you go along with that?

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Keith Kaplan

9:58 am on Tuesday, July 31, 2012

Art, she wasn't merely "in the minority" when it came to the censure. NOT ONE SINGLE councilmember voted against the censure. One of them abstained because she thought it was unnecessary (which I agree with), but wouldn't vote against it.

I stand by my previous comment. She's no victim.

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Tom Abbott

10:30 pm on Wednesday, August 1, 2012

One would have to be delusional to interpret the statement Lizette Parker made when she abstained as "she thought it was unnecessary,"

Tee Smyth

12:20 pm on Tuesday, July 31, 2012

You've said that. A judge disagrees. Next.

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Art Vatsky

12:38 pm on Tuesday, July 31, 2012

Keith: I was there when they voted. It was Liz Parker who abstained. You know, she was the one who had been Deputy Mayor and was the highest vote getter in the prior election but wasn't chosen to be Mayor. The Council - and I know the Council members will probably read this - were in "feeding frenzy" mode. (I feared they might tar and feather Barbara.) I think Liz abstained due to politics.

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Keith Kaplan

2:04 pm on Tuesday, July 31, 2012

I saw it on TV live if it matters.

Art, look - she's a politician (and so is Toffler and all the others), so of course there COULD be some spin to every decision -- but even IF you want to say that she abstained due to politics -- that just means that being against Toffler is where the electorate was. I'm not sure how that helps show she was working on behalf of the town and "playing nice" as is were in order to cooperate for the betterment of all.

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Tom Abbott

11:02 pm on Wednesday, August 1, 2012

Ms. Parker read a statement as to why she chose not to participate in the vote. It read,

"I will not be supporting resolution J as it is an unprecedented act for an emotional statement that was made and later acknowledged as inappropriate and erroneous. A statement was made by an individual council member which was not an official act or statement by the council. Former council members have made erroneous statements in the past which were damaging to the town after a very tragic incident. The then response of that council was for individual council members make statements and no formal action was taken by this body."

"I will not use my position on Council as a tool to publicly humiliate any of my colleagues,"

For those who did not attend or see it on TV, the video is available at:

http://www.teanecknj.gov/index.cfm?fuseaction=content.pageDetails&id=4447&typeID=279

The statement starts roughly 117 minutes into the video.

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Tom Abbott

11:18 pm on Wednesday, August 1, 2012

I can't imagine why Mr. Vatsky concludes that the abstention was due to politics, but his thought process often eludes me.

Having previously made up a reason Ms. Parker abstained, Mr. Kaplan's conclusion that somehow this reflects "where the electorate was" is just more of his typical distortions.

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Keith Kaplan

9:06 am on Thursday, August 2, 2012

Tom, it's always so pleasant when you join in on the conversation.

I said "One of them abstained because she thought it was unnecessary (which I agree with), but wouldn't vote against it."

I'm not sure where that is contradicted by Council-woman Parker's words. If Ms. Parker disagreed with the censure resolution, she could have and SHOULD HAVE voted against it. She did not do so. Why do you supposed that was?

Her statement that she wouldn't use her position to humiliate a colleague may shed light on to the reason she didn't vote FOR the resolution, but it leaves a large question mark as to why she didn't vote AGAINST it.

Stevie

5:59 am on Wednesday, August 1, 2012

Teesmyth:"You've said that. A judge disagrees. Next."

You obviously have only a superficial knowledge of law. All the judge agreed to was not to throw the case out on summary judgement. Had the judge agreed to this, it would have been tantamount to Toffler losing without the other side even presenting a case; meaning, that she couldn't even provide a modicum of proof of anything. The judge hasn't even heard from the other side yet! Had this case been thriwn out in summary judgement, it would have proven beyond a shadow of doubt that Toffler has once again made up selfish claims that continue to bankrupt our town. All this means now is that she can have her little tiff in court, while I and the other tax paying citizens of Teaneck must pay for it.

I stand by my comments. She can't seem to get alnog with anyone, and that's her problem. However, her dumbass lawsuits have now become OUR problem. Are our property taxes going to go up again because of this?

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Tee Smyth

10:23 am on Wednesday, August 1, 2012

LOL. LOL. LOL. LOL. I'm honestly in my office laughing at YOU. In fact, I'm going to print your comment and show it to my colleagues so that they can get a chuckle too. The reality is that you know nothing about me. You have no idea what I've studied, or what I do. Thanks for the hearty laugh, though. I needed it this morning. Good day, sir. Thanking you in advance from my colleagues as well.

Art Vatsky

7:47 am on Wednesday, August 1, 2012

I checked the Patch stories in 2011. The letter that was leaked was CONFIDENTIAL just as any correspondance on personnel issues is in Teaneck. If the letter were about any Teaneck municipal worker, the case would not be any different. Imagine, "Teaneck municipal employee X involved in personnel dispute with Town Manager" as a Record headline. Who would do such a thing to an employee of the Town? Wouldn't that hurt that employee's stature and career? Township employee personnel issues are discussed by the Council only in closed session. The information was released prematurely, not by accident but by intent. The subject of the letter is immaterial. The fact that it was released implies there was a breach of trust, of decorum, of due process.

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shimon baum

10:42 am on Wednesday, August 1, 2012

Barbara if it makes you feel better I haven't bothered voting for anyone since I've lived in Teaneck. Also Gussen is only running for congress and all ready he is embroiled in a scandal. I see a bright future in politics for him.

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Smile

2:27 pm on Wednesday, August 1, 2012

Shimon - Gussen isn't "embroiled in a scandal" (sic) his name is being dragged through the mud by someone who is bitter and has her own interests in mind above the good of the town.
Although you meant it sarcastically, Mr. Gussen does have a bright future in politics. Or at least I hope he does. He's done alot of good work for Teaneck, and he'll make a great congressman.

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Tom Abbott

12:03 am on Thursday, August 2, 2012

It's nice that you believe Mr. Gussen has "a bright future in politics", However, the result of the primary may suggest otherwise.

A successful candidate usually has a base of popularity in his home town and Mr. Gussen should have won easily in Teaneck. It was not the case. Despite having the Bergen County Democratic line, Teaneck was one of only two towns in Bergen he lost. Jason Castle a political new comer, garnered 1581 votes to Gussen's 1481.

Incidentally, the other town was Rockleigh where only 3 votes were cast.

Art Vatsky

4:24 am on Thursday, August 2, 2012

Tom: Nice of you to include Liz Parker's statement. I don't know the inner workings of the Council but I still conclude that she did not want to oppose the motion to censure so as to not challenge the other Council members. That could come back to haunt her when she has a motion that needs their support. In a word: politics.

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JeffO

11:04 am on Thursday, August 2, 2012

I think it was a mistake for Councilwoman Parker to abstain on the resolution rather than vote against it, and I would hope she might even agree at this point. I see it merely as an attempt to stay above the political fray. Of course, those intent on demonizing Toffler (obviously not you, Art) are eager to read more into it.

shimon baum

10:26 am on Friday, August 3, 2012

Of course I meant it sarcastically, he has no future in politics. I'm sure his playing high school football was a big part of the good work he did for Teaneck. Every politican puts their own interests ahead of anything else.

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Art Vatsky

5:11 pm on Wednesday, August 8, 2012

Noah: The comments seem to be out of chronological order.

In response to Jeff O's most recent comments: With regards to the leak, the WHOLE COUNCIL is suspect. So is the manager. It depends on who had the motive and the opportunity. Adam may look like the most obvious but the actual leaker could be someone else, hiding. Let's face it, Barbara Toffler was not very popular with the councilmembers or the manager. Others may have had the motive and opportunity. They should be investigated. Joe Ax may have taken others calls unknown to Howard Prosnitz. The fact remains that our Council has some pretty poor decisions on its record. Despite our general respect for it as a body, we have had a giant overrun on the Police station (the township refuses to state how much the police station cost), major lawsuits against the township (about $10 million we pay out to 2020), a $4 million Cedar Lane Streetscape that is falling apart, a reduction in town hall hours of service, yet we reelect the same councilmembers time after time. I fear Teaneck is not the Teaneck it could be: progressive; efficient; inclusive; citizen friendly; business friendly, with development suitable for the older, inner suburb we are. Instead we are divided, stressed, disappointed and some of us feel we are being squeezed out.

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Tom Abbott

5:43 pm on Wednesday, August 8, 2012

There is only one council member against whom, "A judge has found probable cause to move ahead with a complaint ..." The notion that it could be any member of the council is just a "red herring"

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JeffO

12:13 am on Thursday, August 9, 2012

Art, things may seem out of chronological order because some of us try to put our comments in contextual order -- i.e., under the comment we're replying to.

Unfortunately, you can only "reply" to a "new comment" on the article, so to keep your comment in contextual order you have to go up to the "new comment" under which the comment you wish to reply to appears -- indented -- and click on the specific reply button provided.

Describing it sounds more complicated that it actually is. I encourage you to do this so that a particular thread of the discussion doesn't get dispersed all over the page.

Art Vatsky

6:11 pm on Wednesday, August 8, 2012

Tom: Actually, I like herring in cream sauce. Yumm. Haven't had it in years.
The charge was only against Adam Gussen, not against the Council as a whole. I want the snitch. If it is Adam, so be it. But if it is not Adam, let's get the real leaker. Frankly, the person who leaked was not very bright. A small political gain for a big political risk. Someone was counting on the Teaneck public to be indifferent. I am sure you want the real snitch to be identified and removed from the Council. Councilmembers are not above the law. They break confidentiality, they fail due process. Our Council has a tendency to neglect due process (minutes, annual reports, attorney sign-off on contracts, meeting cancellations). That is a slippery slope. Enough is enough.

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JeffO

12:33 am on Thursday, August 9, 2012

Art: The charge was against Adam Gussen because there is evidence that Gussen spoke to Joe Ax just prior to Ax's article being printed in the Record -- which appeared prior to the "confidential" "closed meeting" the article reported on.

I really wish you would drop the term "snitch" in this matter. The word is either akin to "tattler" or worse, an informer who puts his life on the line in certain lawless environments. What we're talking about here is a violation of someone's rights for political purposes. Your terminology doesn't do justice to that.

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