Internal Investigation Focuses On Cinnaminson Committeeman

CINNAMINSON, NJ — Cinnaminson Committee will soon decide whether to refer one of its own members to either the Burlington County Prosecutor’s Office or the New Jersey Division of Consumer Affairs (DCA) for investigation into possible official misconduct.

Committeeman Don Brauckmann was the subject of an internal investigation that began in March into interactions he is alleged to have had with an employee in the Department of Public Works and an officer with the Cinnaminson Police Department concerning talks of restructuring the leadership of those two departments.

He is also accused of promising to vote to approve Deputy Mayor William “Ben” Young to the position of Director of Public Works in exchange for getting his wife a job at Rowan College at Burlington County.

The investigation was conducted by the township’s labor counsel, and a summary of the findings was presented to committee by special counsel at Monday night’s meeting at the municipal building. Committee first had to waive the attorney-client privilege in a limited way in the matter. Brauckmann recused himself from this vote, and was not provided a copy of the report as other members of the committee were, because he is the subject of the investigation.

The investigation concluded that while there was no evidence that Brauckmann’s communication with the employees had an adverse impact on their employment, he did so outside his chain of command and his actions open up the township to possible future litigation. His communications create a situation in which future promotions may be looked at as unfair, and may open up a two-way street in which employees come directly to him with all their problems in the future, according to the investigation.

Brauckmann is the liaison to the Department of Parks and Recreation, and any communication outside that siloh is a violation, according to the investigation.

Former Cinnaminson Mayor Bill O’Connor challenged this assertion during the public comment portion, asserting that Cinnaminson isn’t a Faulkner Act township, meaning there are no silohs. Current Cinnaminson Mayor Anthony Minniti claimed the form of government was changed a few years back to deal with issues that were facing the township, although O’Connor said the only way to do that would be by a public vote by the residents.

As for the accusation about Brauckmann attempting to trade his vote for a job for his wife at the county college, special counsel said there were communications and text messages to support this claim, including one from Brauckmann that reportedly read, “I guess there is no hope to cash in a coin if there is no coin coming. Pretty disappointing.”

He is also accused of “inserting himself into a law enforcement action concerning ticketing” and calling former Committeewoman Kathleen Fitzpatrick following a closed session meeting to discuss an employee.
Special counsel said there was no proof that Brauckmann violated the confidentiality of the executive session, but it was at least foolish on his part to call Fitzpatrick immediately after the meeting. In this instance and in other instances throughout the investigation, labor counsel either didn’t find Brauckmann’s answers to his questions credible, or said Brauckmann didn’t answer the question at all.

Committee was told it could refer the investigation to the Burlington County Prosecutor’s Office or the DCA for further investigation. The prosecutor’s office would investigate any criminal violations, while the DCA would explore possible ethics violations. It was also told it may wish to inform the Joint Insurance Fund (JIF) in case it wanted to handle any litigation early, although no lawsuits have been filed yet.

It was also recommended that Brauckmann be left out of any discussions or vote on the restructuring of the police department and public works. Ernest McGill, who won the Republican Primary in June alongside Ryan Horner over Minniti and his running mate June Neumann, may also have to recuse himself from discussions on the restructuring of the police department after his name was mentioned as also having approached a current police officer about the issue.

After a 30-minute closed session discussion in which Brauckmann wasn’t allowed to participate, committee decided it would review the full report before making a final decision on referring the investigation to either the prosecutor’s office or the DCA. That decision may be made as soon as the next official action meeting on Monday night, Oct. 2, Committeeman John McCarthy said. Committee also decided to inform the JIF of the possibility of litigation.

Brauckmann called the investigation a “trial by public lynching,” and residents expressed shock and disappointment over the actions of the committee, all five of which are Republicans.

“I didn’t know the powers that be in this town were run by a small group of people that get what they want at all costs,” Brauckmann said, adding that when he spoke out against them, he became a target.

He said he was targeted after disagreements about the role of the committeeman in issues of the setup of leadership in the township, recommendations about Young becoming the Superintendent of Public Works, not supporting Minniti in his re-election bid and a desire to bring a chief of police back to the township’s police department.

Mickey King became Public Safety Director in 2011, saying at the time he would “lead the department in training and leadership skills over the next year or two to cultivate a police chief, a position the township expressed an interest in returning to.”

Two years later, King took over as Township Administrator for Frank Locantore. At the time, he said he would fill the position until the end of the year, but he still serves in that position and received a $10,000 raise earlier this year.

In his comments, Brauckmann indicated that previous contractors, employees, businesses and committee members have also been threatened by the township. Fitzpatrick supported his claims with her public comments.

“I sat up there for nine years,” said Fitzpatrick, who decided to speak after learning that her name was mentioned in the investigation. “In the last two years, I was treated disrespectfully, I was under investigation, and I was threatened. … When I served with Don, he was honest and he cared, unlike other people who are up there. This investigation is an assault against people who don’t deserve it.”

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McGill didn’t comment on the fact that he was mentioned in the investigation, but did ask if he would receive a copy of the report.

“You will be called to testify,” Minniti told him.

“I look forward to it,” McGill responded.

He went on to praise Brauckmann, and called him the reason he decided to run for committee. He said he was “disgusted and embarrassed” by what has happened in his hometown over the last nine months, and that things would change in January, when he and Horner take office.

Minniti was the target of much of the criticism from residents who questioned the investigation. Many called the investigation a “witch hunt” and accused him of attempting to extract revenge on residents who opposed him in the primary by attempting to get them fired.

O’Connor has even contacted the DCA, which said it will investigate Minniti, according to a document he handed out during Monday’s meeting. Minniti said he wasn’t trying to get anyone fired, but he was pointing out to their employers what those who represent their companies and school districts were doing.

He was criticized for spending taxpayer money on the investigation, to which he said the residents’ ire should be pointed at those under investigation. He also pointed out that the investigation was first approved in March, three months before the Republican Primary election, and that all five members of committee gave approval for it to move forward. This includes Brauckmann.

“We were all arm-in-arm, but at some point when a member of committee’s behavior becomes unethical, abusive and possibly criminal, you have to step in,” Minniti said. “ … There are stacks of evidence against Mr. Brauckmann. I suspect those who are critical of us now will come back to apologize after they see the evidence for themselves.”

Patch file photo