Does Hoboken Councilwoman's Job Break NJ Law? Lawyer Says No

HOBOKEN, NJ — After two Hoboken city councilwomen raised ethics issues about a job offered to a third councilwoman earlier this month, a lawyer said that the job offer broke no laws and is not problematic.

On Aug. 5, Mayor Ravi Bhalla, who's up for re-election in November, announced that Councilwoman Vanessa Falco will take a job next year as the head of the city's newly created Division of Housing. In that role, she'll deal with the city's affordable housing stock.

The job begins in January 2022, after Falco's term as councilwoman ends. It will pay a salary of $87,500, a city spokesperson said.

Hoboken's affordable housing situation is complex, as the mile-square city contains a variety of programs that not everyone can access: the subsidized low-income Housing Authority projects, Section 8 vouchers, and longtime moderate income buildings like Marine View Towers. The buildings often have long wait lists, so families who need the units can't always access them. The Housing Authority buildings are under the oversight of a volunteer board and paid staff.

[Related: Citing 'toxic' Hoboken politics, councilman won't run for mayor]

The city had announced in a press release on Aug. 5, "Today, Mayor Ravi S. Bhalla announced the creation of the new Division of Housing within the Department of Community Development that will be led by Councilwoman Vanessa Falco. The new division will provide greater accessibility and more resources to address the city’s affordable housing needs."

Falco has advocated for more affordable housing in Hoboken. Last year, she pledged to make affordable housing a priority in 2021 so that longtime residents are not forced out of town by rising prices.

But two councilwomen who are sometimes critical of Bhalla — Tiffanie Fisher and Jennifer Giattino — said the job offer could influence Falco's votes on the council to the end of her term, and theoretically could have enticed her not to run for re-election against Bhalla's candidates. Bhalla and his slate are running in the Nov. 2 council/mayor election.

Last week, Fisher and Giattino said, "On August 5th, Hoboken Mayor Ravi Bhalla publicly announced his offer of future employment for a newly created role to a sitting Hoboken city councilwoman who was potentially opposing his slate in the upcoming general election." The pair have requested that the attorney general and Department of Community Affairs, which oversees local governments, look into the matter.

Fisher and Giattino did call Falco "a respected Hoboken councilwoman who has been an important voice and advocate for affordable housing." But they said the job offer is problematic.

Hoboken Retains Lawyer To Give Opinion

This past Thursday, attorney Jarrid Kantor, who has been retained and employed before by New Jersey towns and Democratic officials, rendered an opinion after being retained by Hoboken to look at the matter.

"This firm has been asked by the City of Hoboken to render a legal opinion as to the propriety of Mayor Ravi Bhalla’s offer of employment to sitting Councilperson Vanessa Falco," Kantor wrote. "...The mayor was completely within his authority in making the conditional offer of employment to the sitting councilperson. The city is a municipality and not an ‘independent local authority’ and, therefore, not subject to the one-year restriction."

He added, "In addition, the mayor’s offer was made to an individual who has a proven track record as an affordable housing advocate which he asserts will do a ‘tremendous job’ on behalf of residents of the city. There is no basis in fact or law to assert that this action was taken by the mayor for his own personal gain or to garner influence; therefore, such actions are lawful and not in violation of any section of the Local Government Ethics Law. In addition, to the extent the councilperson’s oath of office remains valid, the conditional offer of employment on its own, does not increase the potential for litigation against the city, and any votes or participation in deliberations before council are subject to compliance with the Local Government Ethics Law on a case-by-case basis."

Falco said Thursday, "Last week, I was shocked and saddened at the despicable claims about my character from Councilwomen Jen Giattino and Tiffanie Fisher, specifically regarding my future employment in the new Division of Housing in City Hall. Their claims were personal attacks on my ethics that I found potentially defamatory, and as a result I am now currently exploring appropriate legal action against both councilwomen. My goal has always been to help provide access to housing for Hoboken residents who need it. Playing politics, as Jen and Tiffanie have with affordable housing, especially relating to my motives for doing so, shows their true colors."

Fisher responded, "Not surprising to see in this election season Mayor Bhalla and his team try to shift the narrative away from him and onto Councilwoman Falco. I remain confident that ethical and possibly criminal lines were crossed by the mayor and that his actions have now compromised all votes before the City Council through the end of the year."

She also noted that the same administration who made the offer, paid for the legal opinion.

Hoboken City Councilmembers Phil Cohen and Emily Jabbour, who are on Bhalla's ticket, issued a statement as well: "The decision by Councilwoman Falco to seek a new employment opportunity, doing what she loves on behalf of our residents, is a personal decision. Vanessa deserves the same respect afforded any independent individual when making decisions about their professional life. We call on Councilmembers Giattino and Fisher to issue an immediate and public apology."

They called the new full-time job "another mode of public service" and said the councilwomen's questions were "a new low for Hoboken."

• See prior Patch coverage here: Does Hoboken Councilwoman's New Job Run Afoul Of State Law?
• See an update on Bhalla's campaign here: Hoboken Election: Jim Doyle Replaces Dini Ajmani On Mayor's Slate

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