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O’TOOLE SCRIVO
FERNANDEZ WEINER VAN LIEU, LLC
Joshua A. Zielinski, Esq. (020471999)
Andrew Gimigliano (016792012)
14 Village Park Road
Cedar Grove, New Jersey 07009
(973) 239-5700
Attorneys for Plaintiff, Mayor Felix E. Roque

FELIX E. ROQUE, in his official capacity as
MAYOR AND COMMISSIONER OF THE
TOWN OF WEST NEW YORK,
Plaintiff,
v.
GABRIEL RODRIGUEZ, in his official
capacity as COMMISSIONER OF THE
TOWN OF WEST NEW YORK; COSMO A.
CIRILLO, in his official capacity as
COMMISSIONER OF THE TOWN OF
WEST NEW YORK; MARGARITA
GUZMAN, in her official capacity as
COMMISSIONER OF THE TOWN OF
WEST NEW YORK; MICHAEL A.
JIMENEZ, in his official capacity as
CORPORATION COUNSEL AND ACTING
TOWN ADMINISTRATOR OF THE TOWN
OF WEST NEW YORK,
Defendants.

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SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
HUDSON COUNTY
DOCKET NO.: HUDCivil Action
COMPLAINT IN LIEU OF PREROGATIVE
WRITS

Plaintiff, Felix A. Roque, Mayor and Commissioner (“Mayor Roque”) of the Town of West
New York (“Town”), by way of Verified Complaint against Defendants, Town Commissioner
Gabriel Rodriguez, Town Commissioner Cosmo A. Cirillo, Town Commissioner Margarita
Guzman, and Corporation Counsel and Acting Town Administrator Michael A. Jimenez
(collectively “Defendants”), hereby states:

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NATURE OF THE ACTION
1)

This action seeks to invalidate Defendants’ unlawful attempts to reduce and

eliminate Mayor Roque’s participation in the Town’s government despite his duly elected role as
Commissioner and Mayor of West New York.
2)

Over the past year, Commissioner Rodriguez, the ringleader of the effort to sideline

Mayor Roque, along with Commissioners Cirillo and Guzman (collectively the “Rodriguez
Commissioners”) have engaged in a series of unlawful acts stripping Mayor Roque of the powers
granted to him by the Legislature, pursuant to the Walsh Act, for no reason other than to limit his
ability to participate in the Town’s government as an elected official.
3)

This action also seeks to invalidate the appointment of Corporation Counsel,

Michael A. Jimenez, as Acting Town Administrator because the appointment creates an
impermissible conflict of interest and is part of the Rodriguez Commissioners’ coordinated efforts
to use the Town’s government for their own interests.
4)

The Rodriguez Commissioners’ abuse of power, and recruitment of the Town’s

attorney to execute their plan, is most troubling because the Rodriguez Commissioners have
elevated their own hunger for power over the ordered, lawful administration of the Town and have
sacrificed responsible governance in hopes of securing their own re-election in the upcoming Town
election.
5)

The actions of the Rodriguez Commissioners and Jimenez violate New Jersey law,

and, Mayor Roque, therefore, seeks an order invalidating Defendants’ unlawful conduct
and declaring the extent of the Town Commissioners’ power pursuant to the Walsh Act.

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THE PARTIES
6)

Plaintiff Felix E. Roque, M.D., is a Commissioner and the Mayor of the Town and

the current Commissioner of the Department of Parks and Public Property (“Parks and Public
Property”).
7)

Defendant Gabriel Rodriguez is a Commissioner of the Town and the current

Commissioner of the Department of Public Safety (“Public Safety”).
8)

Defendant Cosmo A. Cirillo is a Commissioner of the Town and the current

Commissioner of the Department of Public Affairs (“Public Affairs).
9)

Defendant Margarita Guzman is a Commissioner of the Town and the current

Commissioner of the Department of Revenue and Finance (“Revenue and Finance).
10)

Defendant Michael A. Jimenez, Esq. is the Town’s Corporation Counsel and Acting

Town Administrator.
VENUE
11)

Venue is appropriate in Hudson County pursuant to Rule 4:3-2 because this action

involves a municipal corporation and public officials of Hudson County, and the causes of action
arose in Hudson County.
FACTS COMMMON TO ALL COUNTS
A. Commission Form of Government
12)

In 1911, the New Jersey Legislature adopted the Walsh Act, N.J.S.A. 40:7-1 et seq.

13)

One of the forms of government created by the Walsh Act is the commission form

of government.
14)

In a commission form of government, a Board of Commissioners (“Board”) has

“complete control over the affairs of [the] municipality.” N.J.S.A. 40:72-2.

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15)

In municipalities of fewer than 12,000 residents, the Board consists of three

members, and in municipalities of greater than 12,000 residents, like the Town, the Board consists
of five members. N.J.S.A. 40:72-1.
16)

Pursuant to the Walsh Act, Board elections take place every four years on the

second Tuesday in May. N.J.S.A. 40:75-2.
17)

Board elections are subject to the Uniform Nonpartisan Elections Law, which

provides that each candidate for commissioner is entitled to include a designation “in not more
than six words . . . for the purpose of indicating either an official act or policy to which he is
pledged or committed,” but the designation may not indicate a political party. N.J.S.A. 40:45-10.
18)

A group of candidates that use the same designation may also request that their

names be grouped together, with such grouping referred to as a slate. N.J.S.A. 40:45-10.
19)

Each candidate for the Board may run independently, but the designation of a slate

indicates that the candidates on the slate are effectively running together.
20)

In a commission form of government, the candidates receiving the highest vote

totals are elected commissioners. N.J.S.A. 40:45-17.
21)

In the Town, therefore, the five candidates receiving the highest vote totals are

elected to the Board.
22)

Historically, in the Town, candidates on a slate win or lose Board elections as a

collective unit.
23)

Although the Board is the governing body of the Town in a commission form of

government, the executive functions of the municipality are divided among the five
commissioners, each of whom oversees one of five statutorily-created departments: (1) Public

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Affairs; (2) Revenue and Finance; (3) Public Safety; (4) Public Works; and (5) Parks and Public
Property. N.J.S.A. 40:72-4; N.J.S.A. 40:72-6.
24)

Generally, the Board, at its annual organizational meeting, assigns subordinate

offices and agencies to the statutory departments.
25)

The Walsh Act requires the Board to “assign to each department the powers and

duties having the greatest relevancy to the subject matter as designated in the name of each
respective department and as will result, as nearly as possible, in an equal distribution of powers
and duties to each department.” N.J.S.A. 40:72-6.1.
26)

Among the five commissioners, one commissioner is chosen to serve as Mayor for

the four-year term.
27)

The Mayor presides over board meetings and supervises all departments. N.J.S.A.

40:72-10, -11.
28)

The Town’s custom is for the elected candidate receiving the most votes to serve

as Mayor.
29)

Once a commissioner is assigned to a department, the designated commissioner has

complete autonomy to run the department, which includes the hiring and firing of personnel within
the department, without the interference of the other commissioners.
B. The Government of the Town
30)

In 1931, the Town adopted the commission form of government.

31)

In 2011, motivated by rising taxes and possible corruption, Mayor Roque, then an

unelected citizen, headed a slate challenging then-incumbent Mayor Silverio Vega.
32)

Mayor Roque and his slate were victorious, and Mayor Roque was selected to his

first term as Mayor.

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33)

After his election, Mayor Roque was named the Commissioner of Public Safety.

34)

The most recent Town Board election was held in May 2015, when Mayor Roque

again headed a slate.
35)

In the 2015 election, Mayor Roque and his slate, which included Commissioner

Susan Colacurcio and the Rodriguez Commissioners, won.
36)

Mayor Roque received the most votes in the 2015 election and was designated to

his second term as Mayor of the Town.
37)

Mayor Roque was again named Commissioner of Public Safety.

38)

Colacurcio was named Commissioner of Revenue and Finance; Rodriguez was

named the Commissioner of the DPW; Cirillo was named the Commissioner of Public Affairs;
and Guzman was named the Commissioner of the Parks and Public Property.
39)

The Commissioners also adopted resolutions outlining the powers and duties of the

statutory departments and the attendant personnel and facilities assigned to each department.
40)

At that time, Revenue and Finance controlled, among other things, finance,

accounting, human resources, civil service, pension, tax, insurance, and housing issues.
41)

Public Safety controlled, among other things, the police and fire departments,

elections, and the Township Administrator.
42)

Parks and Public Property controlled, among other things, the Municipal Court, the

custody and operation of public grounds, public buildings, public recreation facilities, and related
services. Attached hereto as Exhibit A is a true an accurate copy of the relevant portion of the
public minutes of the Board of Commissioners meeting held on May 19, 2015.

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43)

From May 2015 until early 2018, the Board worked in a unified fashion to advance

the best interests of the Town, with each commissioner running their designated department
without interference from other commissioners in accordance with the Walsh Act.
C. The 2018 Hudson County Democratic Party Civil War
44)

After nearly three years of unified, responsible governance, the Rodriguez

Commissioners launched a campaign of political retribution against Mayor Roque for his choice
to support a political candidate in the race for Hudson County Democratic chair.
45)

Mayor Roque threw his support behind Brian Stack, a State Senator and Mayor of

Union City (“Mayor Stack”).
46)

The Rodriguez Commissioners supported Amy DeGise, the daughter of Hudson

County Executive Tom DeGise.
47)

Those political decisions fractured the alignment of the Board.

48)

Since his decision to support Mayor Stack, the Rodriguez Commissioners have

sought to exact political retribution against Mayor Roque rather than acting in the best interests of
the Town.
49)

With the battle lines drawn, the Rodriguez Commissioners have attempted to

marginalize Mayor Roque and hurt his chances for re-election in 2019.
50)

The Rodriguez Commissioners have used their 3-2 majority over Mayor Roque and

Colacurio to punish them for their political choices and to strip them of their powers and
responsibilities as elected commissioners of the Town.
51)

Lacking the courage to inform the public of their plan, the Rodriguez

Commissioners have used surprise and ambush to implement their objectives.

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D. The Rodriguez Commissioners Begin to Take Over the Town
52)

The Rodriguez Commissioners’ first step in taking over the Town and attempting

to marginalize Mayor Roque focused on controlling Revenue and Finance—the purse strings of
the Town.
53)

Rather than place their intended take-over of Revenue and Finance on the agenda,

Rodriguez introduced, from the floor, two resolutions to the Consent Agenda during the March 15,
2018 Board meeting. Attached hereto as Exhibit B is a true and accurate copy of the relevant
portion of the public minutes of the Board of Commissioners meeting held on March 15, 2018.
54)

One resolution was to name Rodriguez himself as the head of Revenue and Finance,

and the other resolution was to remove Colacurcio from Revenue and Finance and move her to the
DPW.
55)

The Town’s Corporation Counsel advised the Rodriguez Commissioners that the

resolutions were unlawful and should not be acted on.
56)

Mayor Roque too objected, stating that the resolutions should have been brought to

his attention before the meeting.
57)

Defying the advice of counsel, Rodriguez and Cirillo insisted on voting on the

resolutions and, together with Guzman, adopted the resolutions.
58)

Next, at the Board meeting on May 17, 2018, the Board took the seemingly

ministerial step of reassigning the Town Administrator to Revenue and Finance.
59)

This was done to ensure the Town Administrator reported to Rodriguez. Attached

hereto as Exhibit C is a true and accurate copy of the relevant portion of the public minutes of the
Board of Commissioners meeting held on May 17, 2018. Attached hereto as Exhibit D is a true

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and accurate copy of Ordinance #10/18, adopted at the May 17, 2018 meeting of the Board of
Commissioners.
60)

At the same meeting, the Rodriguez Commissioners targeted the Town’s Health

Officer (a non-political position), Dr. Gina Miranda Diaz (“Dr. Diaz”), who is the wife of one of
Mayor Roque’s closest aides, Manny Diaz.
61)

Dr. Diaz also served as the Health Officer for the Town of Guttenberg

(“Guttenberg”).
62)

The Rodriguez Commissioners eliminated Dr. Diaz from the Town by entering into

shared services agreement with North Bergen. See Exhibit C.
63)

Cirillo, who also happened to be the Business Administrator for Guttenberg,

recommended that Guttenberg fire Dr. Diaz, and she was fired.
64)

Dr. Diaz was removed from her position with the Town for no purpose other than

to punish Mayor Roque and his closest aide. 1
65)

The following month, in June 2018, the Mayor Stack-Amy DeGise fight came to a

head, with Amy DeGise prevailing.
66)

Emboldened by that victory, and fueled by their thirst for more power, in the fall of

2018, and in preparation for their 2019 campaign, the Rodriguez Commissioners redoubled their
efforts to handcuff Mayor Roque.
67)

At the November 28, 2018 Board meeting, Rodriguez, again without the courage

to inform the public of his plan, moved five resolutions from the floor, all designed to grab power
for himself. Attached hereto as Exhibit E is a true and accurate copy of the relevant portion of
the public minutes of the Board of Commissioners meeting held on November 28, 2018.
1

Dr. Diaz’s removal from both offices is the subject of a pending civil rights lawsuit, bearing
Docket No. HUD-L2393-18.
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68)

The Rodriguez Commissioners removed Mayor Roque from Public Safety and

replaced him with Rodriguez, placing Rodriguez in his third department within one year.
69)

Rather than simply switching assignments and moving Mayor Roque to Revenue

and Finance, the Rodriguez Commissioners moved Guzman into Revenue and Finance and
reassigned Mayor Roque to Parks and Public Property.
70)

Rodriguez took Public Safety for no reason other than he wanted it for himself.

71)

When Rodriguez made his plan known, Mayor Roque made a statement,

commenting on how honored he was to have been the commissioner serving over the police
department for nearly eight years, and he expressed his distaste that Rodriguez was playing politics
with the Town’ services.
72)

Rodriguez, tipping his hand, stated that the police department “does a phenomenal

job which is all the reason why he [Rodriguez] would like to be the Commissioner of Public
Safety.”
73)

During the public comments portion of the meeting, the PBA President made a

statement, thanking Mayor Roque for his support and everything he had done for the PBA and
adding that he did not understand the reason for the change of commissioners (though he was sure
there was some reason behind it).
74)

With the police department doing a “phenomenal job” under Mayor Roque’s

stewardship, Rodriguez offered no real reason for the change other than he wanted it and had the
votes to take it, regardless of the best interests of the Town.
75)

The Commissioners also reorganized the Town’s departments by allowing Guzman

to take the Division of Cultural Affairs away from Parks and Public Property and bring it with her
to Revenue and Finance for no apparent reason.

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76)

At the December 19, 2018 Board meeting, the Rodriguez Commissioners continued

to attack Mayor Roque by moving resolutions from the floor intended to further gut his department
and strip him of his ability to govern.
77)

This time, it was Guzman’s turn to legislate by ambush, handing the Clerk a

resolution to add to the agenda as the Board prepared to enter Executive Session.
78)

That resolution moved the Municipal Court from Mayor Roque’s department, Parks

and Public Property, to Guzman’s department, Revenue and Finance. Attached hereto as Exhibit
F is a true and accurate copy of the relevant portion of the public minutes of the Board of
Commissioners meeting held on December 19, 2018.
79)

The Rodriguez Commissioners announced no justification or public benefit for

moving the Municipal Court out of Public Property, just as they announced no justification or
public benefit for moving Cultural Affairs out of Public Property.
80)

The only justification offered by Guzman is that she wanted it for herself—a thinly

veiled pretext for further draining Mayor Roque’s department and responsibilities.
81)

The Rodriguez Commissioners’ purpose for their actions was to marginalize Mayor

Roque and his responsibilities by emptying Parks and Public Property of its divisions and
employees and packing Revenue and Finance, headed by Guzman, with additional divisions and
employees.
82)

In sum, by December 2018, the Rodriguez Commissioners had attempted to render

Mayor Roque a commissioner in name only to punish him for politically opposing the DeGise
family and with an eye on their own re-election.

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E. The “Long Form”
83)

At the same time they were tying Mayor Roque’s hands, the Rodriguez

Commissioners advanced their own agendas through personnel hires while blocking Mayor Roque
from appropriately and effectively staffing Parks and Public Property.
84)

Prior to the Rodriguez Commissioners’ 2018 power grab, the Town consistently

approved hiring by the commissioners within their designated departments, subject only to the
availability of funding within the department’s budget, and without any interference by other
commissioners, the Town Administrator, or the Corporation Counsel.
85)

After the Rodriguez Commissioners power grab, that all changed.

86)

At the April 19, 2018 Board meeting, the Board made again what seemed to be a

ministerial move, adopting a resolution modifying the use of a “Long Form” when hiring an
employee, increasing an employee’s salary, or transitioning an employee from part-time to fulltime status.
87)

The new Long Form was required to be signed by the commissioner initiating the

request, the Commissioner of Revenue and Finance, the Town Administrator, and the Chief
Municipal Financial Officer. Attached hereto as Exhibit G is a true and accurate copy of the
relevant portion of the public minutes of the Board of Commissioners meeting held on April 19,
2018.
88)

Pursuant to the Walsh Act, a commissioner has sole discretion to hire or fire within

his department if the funds are available in the department’s budget.
89)

The Long Form’s signature requirement, therefore, should have amounted to

nothing more than a rubber stamp.

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90)

Unbeknownst to Mayor Roque, the Rodriguez Commissioners decided to

weaponized the Long Form by withholding signatures, effectively making whoever controlled
Revenue and Finance the unelected ruler of the Town by vesting that commissioner (currently
Guzman) with the authority to approve or not approve the hiring of an employee, a change to an
employee’s salary, or the transfer of an employee—regardless of which department or
commissioner had the true authority to make the employment decision.
91)

By including the Town Administrator’s signature on the Long Form, the Rodriguez

Commissioners opened up the possibility of a second signature they could control if they could
recruit someone to facilitate their plan.
F. Mayor Roque’s Attempts to Staff Public Property
92)

After his reassignment to Public Property, Mayor Roque sought to hire James

Darley to the position of clerk.
93)

On November 28, 2018, the Town Administrator, Jamie Cryan, notified Mayor

Roque that “Darley seems like a very capable and intelligent individual” and that they could
discuss Darley’s hire. Attached hereto as Exhibit H is a true and accurate copy of the November
28, 2018 e-mail from Jamie Cryan to Mayor Roque.
94)

Darley’s Long Form was submitted, but when Darley arrived to have his paperwork

finalized by the Town Administrator, he was continually and strategically avoided by the Town
Administrator, who was under the authority at that time of Guzman.
95)

Mayor Roque’s requests to hire Darley were rebuffed time and time again, each

time with a different excuse.

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96)

On December 20, 2018, Mayor Roque followed up with Human Resources

regarding the status of Darley’s hire. Attached hereto as Exhibit I is a true and accurate copy of
the December 20, 2018 e-mail from Mayor Roque to Human Resources.
97)

On December 21, 2018, Mayor Roque received a response from the Town’s

Corporation Counsel notifying him that he had not seen Darley’s Long Form.
98)

Corporation Counsel stated: “If the proper forms have been filed on Mr. Darley . .

. and if the funds are available for his position in the Department of Parks and Public Property then
he should be hired immediately as well. If funds are not available, the Commissioner may
reallocate the resources within his department to find the f[u]nds to hire either or both of these
people.” See Exhibit I.
99)

Corporation Counsel added that if the funds were not available, Mayor Roque could

request additional funds be allocated to his budget to facilitate the hire. See Exhibit I.
100)

On or around December 21, 2018, Mayor Roque resubmitted Darley’s Long Form,

even though his Long Form had previously been completed and submitted. Attached hereto as
Exhibit J is a true and accurate copy of Darley’s Long Form.
101)

Mayor Roque then sent follow-up e-mails to Human Resources on January 2 and

3, 2019, with no response.
102)

On January 4, 2019, Mayor Roque sent yet another follow-up e-mail to the

Commissioner of Revenue and Finance, Guzman, asking her to sign Darley’s Long Form, even
offering to deliver the Long Form to her place of work so she could sign it. Attached hereto as
Exhibit K is a true and accurate copy of the January 4, 2019 e-mail from Mayor Roque to Guzman.

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103)

The same day, the Town’s newly appointed Corporation Counsel, Defendant

Michael Jimenez, sent an e-mail to, among others, Mayor Roque and Guzman reiterating the
Town’s former Corporation Counsel’s December 21, 2018 e-mail.
104)

Largely copying and pasting the former Corporation Counsel’s e-mail, Jimenez

stated about Darley: “[I]f the funds are available for his position in the Department of Parks and
Public Property, then he should be hired. . . . If funds are not available, the Commissioner may
reallocate the resources within his department to find the f[u]nds to hire [Darley].” Attached hereto
as Exhibit L is a true and accurate copy of the January 4, 2019 e-mail from Michael Jimenez.
105)

After receiving counsel from Jimenez that he could hire Darley, Mayor Roque sent

follow-up e-mails to Guzman on January 8 and 9, 2019.
106)

Mayor Roque reminded Guzman that his office was short-staffed and that the

application had been pending for nearly two months, offering again to deliver the Long Form to
her for signature. Attached here at Exhibit M are true and accurate copies of the January 8 and 9,
2019 e-mails from Mayor Roque to Guzman.
107)

Notwithstanding Mayor Roque’s authority to hire Darley without the approval of

any other commissioner or Town employee, which was confirmed by the legal advice of two
successive Corporation Counsels, Guzman thwarted Mayor Roque and refused to sign Darley’s
Long Form—even though her signature was, effectively, a rubber stamp.
108)

On January 15, 2019, Mayor Roque again followed up on his request to hire Darley,

explaining that there were adequate funds in his departmental budget.
109)

In response, Mayor Roque was told that Darley’s proposed salary of $45,000 had

to be confirmed as “within range.” Attached hereto as Exhibit N is a true and accurate copy of the
January 15, 2019 e-mail.

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110)

The salary range for a “clerk” under the Town of West New York’s salary ordinance

is between $16,714 and $115,000.
111)

Again, Defendant Guzman refused to sign off on Darley’s hire, despite the

submission of the Long Form, the presence of adequate departmental funds for the hire, and the
proposed salary falling within the authorized salary for clerks in the Town.
G.

Interim Appointment of Michael Jimenez as Town Administrator

112)

As the current Corporation Counsel, appointed at the November 28, 2018 Board

meeting, Jimenez is responsible for representing the Town in all legal matters in which the Town
or members of the governing body have an interest or are parties.
113)

Jimenez is also responsible as Corporation Counsel for rendering any and all legal

services required of him by the Town or members of the governing body. Attached hereto as
Exhibit O is a true and accurate copy of the Town ordinance governing the Corporation Counsel.
114)

The position of Town Administrator also is governed by ordinance.

115)

Unlike Corporation Counsel, however, which acts independently and does not fall

within a statutorily authorized department, the Town Administrator falls under the direction of the
director of Revenue and Finance (Guzman).
116)

The most recent duly appointed Town Administrator was Jamie Cryan.

117)

As Administrator, Cryan was the chief executive and administrative officer of the

Town and was responsible for the administration of all of the Town’s affairs.
118)

In addition to handling all personnel matters, Cryan was responsible for all

operational and implementation decisions consistent with Town policies and was charged with
administering and enforcing Board policies, including by promulgating necessary rules and
regulations.

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119)

In his time as Town Administrator, the Board, through numerous resolutions,

directly charged Cryan with significant responsibilities.
120)

On December 19, 2018, Cryan announced his resignation.

121)

On January 4, 2019, Mayor Roque recommended to the Board that the Town

appoint Carmela Riccie, the Town Clerk, as Acting Town Administrator.
122)

Mayor Roque recommended that the Board appoint Riccie as Acting Town

Administrator without increasing her salary to ensure it is was a fiscally neutral move. Attached
hereto as Exhibit P is a true and accurate copy of Mayor Roque’s January 4, 2019 e-mail.
123)

Instead of replacing Cryan, with Riccie, a long-time Town employee, on January

10, 2019, Guzman unilaterally reassigned the Town Administrator’s responsibilities to
Corporation Counsel Jimenez and Human Resources Clerk Kelly Schweitzer, noting that Jimenez
would “assist with completing the day to day duties of the Town Administrator” while Schweitzer
would handle personnel matters. Attached hereto as Exhibit Q is a true and accurate copy of the
January 10, 2019 e-mail from Guzman appointing Jimenez as Acting Town Administrator.
124)

Defendant Jimenez accepted the position stating that he “look[ed] forward to

serving you in this capacity, aside from my duties as Corporation Counsel.” See Exhibit Q.
125)

As acting Town Administrator, Jimenez is no longer the Town’s independent

Corporation Counsel.
126)

Instead, he is compromised by his dual role because as Acting Town Administrator

he is beholden to Guzman.
127)

Upon learning that Jimenez accepted Guzman’s appointment, Mayor Roque

notified Town Administrator Jimenez of the conflict of interest he created by accepting the role of

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Acting Town Administrator while serving a Corporation Counsel and demanded that Jimenez step
down as Acting Town Administrator.
128)

Specifically, Mayor Roque notified Town Administrator Jimenez that his

“agreement to serve in a dual role as Corporation Counsel and Town Administrator creates an
impermissible conflict of interest that is prohibited by the Supreme Court of New Jersey.”
Attached hereto as Exhibit R is a true and accurate copy of the January 20, 2019 e-mail from
Mayor Roque.
129)

Jimenez refused to step down as Acting Town Administrator.

130)

Instead, he reiterated that he would “assist with the duties typically handled by the

Town Administrator” and that he would do so under the terms of his current contract as
Corporation Counsel. See Exhibit R.
131)

Jimenez also stated that Mayor Roque’s “concerns [were] unfounded and based on

no legal authority” and cautioned Mayor Roque “from taking incorrect legal advice from
unlicensed and/or disbarred attorneys.” See Exhibit R.
132)

Jimenez also claimed that he would not, as Acting Town Administrator, handle any

personnel matters. See Exhibit R.
133)

That, however, proved not to be true as it became clear that the Rodriguez

Commissioners had recruited Jimenez to intercede as Town Administrator in hiring matters.
134)

Specifically, on January 12, 2019, Jimenez signed a Long Form, whiting out

Administrator and hand writing Attorney, apparently signing as Acting Town Administrator while
purporting to sign as Town Attorney. Attached hereto as Exhibit S is a true and accurate copy of
the Long Form signed by Jimenez on January 12, 2019.

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135)

With Jimenez’s judgment compromised, Mayor Roque took action, filing a

complaint pursuant to the Local Government Ethics Law with the Local Finance Board. Attached
hereto as Exhibit T is a true and accurate copy of the complaint filed by Mayor Roque with the
Local Finance Board.
136)

Jimenez filed a response claiming that “[h]is assignment [to the day-to-day duties

of Town Administrator] was and remains consistent with his role as Corporation Counsel for the
Town[,] and Commissioner Guzman makes all final decisions with regard to the Office of Town
Administrator.” Attached hereto as Exhibit U is a true and accurate copy of Jimenez’s response
filed with the Local Finance Board.
137)

Jimenez also stated that he “acts and has acted only as Corporation Counsel for the

Town, the only position he holds.” See Exhibit U.
138)

Jimenez did not reveal to the Local Finance Board that he altered a Long Form and

signed it.
139)

After being put on notice of his violations, Jimenez stopped signing Long Forms,

and three hires were made without any “Town Administrator” signature, with two forms whiting
out that space entirely. Attached hereto as Exhibit V are true and accurate copies of the Long
Forms processed without the Town Administrator signature.
140)

Nevertheless, Jimenez has been acted as both Corporation Counsel and Acting

Town Administrator.
141)

As Acting Town Administrator, Jimenez cannot provide independent legal advice

to Mayor Roque or the governing body due to his conflicting role as Acting Town Administrator,
which is subservient to Guzman, and the Board cannot obtain independent legal advice from
Corporation Counsel Jimenez about his actions as Acting Town Administrator Jimenez.

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142)

Indeed, Jimenez’s independent judgment has already been compromised.

143)

For example, Corporation Counsel Jimenez provided Mayor Roque with legal

advice in early January 2019 that he could hire Darley as long as funds were available, but on
February 13, 2019, Acting Town Administrator Jimenez enforced Guzman’s agenda by allowing
Guzman to block Mayor Roque’s hire of Darley.
H. The Rodriguez Commissioners Announce Their Slate
144)

On or about January 14, 2019, the Rodriguez Commissioners announced that they

would be running on a slate with Victor Barrera and Yoleisy Yanez to challenge Mayor Roque.
145)

In addition to manipulating the Town’s form of government to advance their

political prospects, the Rodriguez Commissioner’s also began using Town resources to support
their campaign.
146)

For example, the Rodriguez Commissioners have used the Town seal and Town

social media accounts to market one of their campaign events. Attached hereto as Exhibit W is a
true and accurate copy of the Rodriguez Commissioners’ political advertisement.
147)

In addition, Guzman has repeatedly used an official Town social media account to

promote the new slate by posting photographs of herself with Rodriguez and Cirillo and the slate’s
campaign slogan. Attached hereto as Exhibit X are true and accurate copies of postings from the
Town of West New York Department of Cultural Affairs Instagram account.
I. The Rodriguez Commissioners Implement a Hiring Freeze
148)

As a final step in handcuffing Mayor Roque before the May 2019 election, and even

though the Rodriguez Commissioners had already manipulated the Long Form process to control
all personnel moves within the Town, the Rodriguez Commissioners adopted a resolution to
institute a hiring freeze.

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149)

At the time of the hiring freeze, Mayor Roque had at least two outstanding requests

to hire and two outstanding requests for salary increases pending Guzman’s “approval” and Long
Form signature.
150)

On February 13, 2019, Jimenez, acting as either Corporation Counsel or Acting

Town Administrator, notified Mayor Roque that no new hires or salary increases would be
processed until the 2019 budget was approved. See Exhibit R.
151)

On February 20, 2019, the Rodriguez Commissioners adopted a resolution

authorizing a hiring freeze (“Hiring Freeze Resolution”) until the 2019 budget is finalized and
approved.
152)

This year, the Town’s budget is not required to be adopted until April 30, 2019, or

shortly thereafter.
153)

The current Board term is set to expire on May 21, 2019, one week after the election

scheduled for May 14, 2019.
154)

In other words, the hiring freeze is designed to prevent Mayor Roque from hiring

any staff until after the May 2019 election—with the clear goal of weakening Mayor Roque and
his department during election season.
COUNT ONE
(The Hiring Freeze Resolution Is Ultra Vires)
155)

Plaintiff repeats and restates each of the foregoing paragraphs as if set forth at

length herein.
156)

The Hiring Freeze Resolution purports that the “Town seeks to control spending

and to run an efficient and responsible municipality that stays within the budget established.”
157)

The Hiring Freeze Resolution seeks to “impose an immediate hiring freeze for all

Town employees until such time as the 2019 budget is finalized and approved.”

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158)

Pursuant to the Walsh Act, each Town commissioner is empowered to run his or

her assigned department, including hiring and firing of department employees.
159)

Indeed, as two successive Corporation Counsels advised, a commissioner can hire

as long as funds are available in the department’s budget.
160)

The Hiring Freeze Resolution, therefore, unlawfully attempts to curtail individual

commissioner power to run his or her assigned department in violation of the Walsh Act.
161)

The Hiring Freeze Resolution is ultra vires and void.

WHEREFORE Plaintiff demands final judgment:
a.

Declaring that the power to hire within a department is vested in the
commissioner assigned to that department;

b.

Declaring that the Board of Commissioners does not have the power to limit
the hiring of a departmental employee approved by the commissioner who
oversees that department;

c.

Declaring that the Hiring Freeze Resolution is arbitrary, capricious, and
unreasonable and null, void, and of no force and effect;

d.

Attorneys’ Fees;

e.

Costs of Suit; and

f.

Any other relief that this Court deems equitable and just.
COUNT TWO
(Declaratory Judgment)

162)

Plaintiff repeats and restates each of the foregoing paragraphs as if set forth at

length herein.
163)

The New Jersey Declaratory Judgment Act, N.J.S.A. 2A:16-50, et seq., authorizes

courts to declare rights, status, and other legal relations pursuant to a statute to afford litigants
relief from uncertainty and insecurity.

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164)

Pursuant to the Declaratory Judgment Act, a declaratory judgment is appropriate

where the judgment will terminate the controversy or remove an uncertainty.
165)

Pursuant to the Declaratory Judgment Act, a true and actual dispute exists between

Plaintiff and Defendants as to the scope of the powers of the Commissioners and the Board of
Commissioners pursuant to the Walsh Act.
166)

The Walsh Act vests each Commissioner with full control over the hiring of

employees within the department to which that Commissioner has been assigned, subject only to
the availability of funds within the department as a whole.
167)

Defendants have acted in violation of the Walsh Act by withholding Long Form

signatures to prevent lawful hiring.
168)

Defendants have acted in violation of the Walsh Act by attempting to limit hiring

powers expressly reserved to Plaintiff.
WHEREFORE Plaintiff demands final judgment:
g.

Declaring that the power to hire within a department is vested in the
commissioner assigned to that department;

h.

Declaring that the Board of Commissioners does not have the power to limit
the hiring of a departmental employee approved by the commissioner that
oversees that department;

i.

Attorneys’ Fees;

j.

Costs of Suit; and

k.

Any other relief that this Court deems equitable and just.
COUNT THREE
(Declaratory Judgment)

169)

Plaintiff repeats and restates each of the foregoing paragraphs as if set forth at

length herein.

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170)

The New Jersey Declaratory Judgment Act, N.J.S.A. 2A:16-50 et seq., authorizes

courts to declare rights, status, and other legal relations pursuant to a statute to afford litigants
relief from uncertainty and insecurity.
171)

Pursuant to the Declaratory Judgment Act, a declaratory judgment is appropriate

where the judgment will terminate the controversy or remove an uncertainty.
172)

Pursuant to the Declaratory Judgment Act, a true and actual dispute exists between

Plaintiff and Defendants as to whether the Corporation Counsel can simultaneously act as Town
Administrator.
173)

Pursuant to the Local Government Ethics Law, “No local government officer or

employee shall undertake any employment or service, whether compensated or not, which might
reasonably be expected to prejudice his independent judgment in the exercise of his official
duties.” N.J.S.A. 40A:9-22.5.
174)

Town Attorney is a government officer under the Local Government Ethics Law.

175)

The Town Attorney is prohibited from simultaneously acting as Town

Administrator, because his services as Town Administrator “might reasonably be expected to
prejudice his independent judgment in the exercise of his official duties.” N.J.S.A. 40A:9-22.5
WHEREFORE Plaintiff demands final judgment:

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a.

Declaring that is it a conflict of interest for the Corporation Counsel to
simultaneously act as Town Administrator;

b.

Declaring that is it a conflict of interest for the Corporation Counsel to
simultaneously perform services of the Town Administrator;

c.

Attorneys’ Fees;

d.

Costs of Suit; and

e.

Any other relief that this Court deems equitable and just.

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CERTIFICATION PURSUANT TO RULE 4:5-1
I hereby certify that to the best of my information, knowledge, and belief that the matter in
controversy is not the subject of any other civil action pending in any court or of a pending civil
arbitration proceedings, that no other civil action or arbitration proceedings is contemplated, and I am
not aware of any other person who should be joined in this matter at this time.
CERTIFICATION PURSUANT TO RULE 1:38-7(b)
I certify that confidential personal identifiers have been redacted from all documents now
submitted to the court, and will be redacted from all documents submitted in the future in
accordance with Rule 1:38-7(b).

O’TOOLE SCRIVO
FERNANDEZ WEINER VAN LIEU, LLC
Attorneys for Plaintiff, Mayor Felix E. Roque

By: /s/ Joshua A. Zielinski
Joshua A. Zielinski
Dated: February 26, 2019

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