Hot mic catches backroom inner workings of Palisades Park Council

PALISADES PARK — A hot mic in borough hall captured a conversation between the council's president and its attorney as they discussed future litigation, controversy over a vacant council seat and police personnel issues.

Recorded prior to the Jan. 31 meeting, Council President Cynthia Pirrera can be heard talking to then-Borough attorney John Schettino, the police chief and others who went in and out of the room. (Schettino was not reappointed to the position by the borough's new mayor.

The two hours of audio provide an unfiltered glimpse into the inner workings of a divided council, backroom deals in the works, what led to an internal fight and ongoing litigation over a vacant council seat and police issues that include Pirrera's son, a borough police officer.

The recording of the conversations was obtained by The Record and NorthJersey.com through an Open Public Records Act request.

Pirrera declined to comment. Current Council attorney Matthew Moench emailed The Record in an attempt to walk back the records request saying a "few issues have subsequently been raised internally" regarding the release of the recordings. Moench also declined to comment further on the content of the recordings.

The conversations were recorded by a live microphone inside the borough council chambers, where signs warn that the area is under 24-hour audio and video surveillance.

When reached, Schettino said any conversation prior to the meeting between himself and Pirrera is part of attorney-client privilege. “I question the legality of the borough releasing a private conversation. That’s a civil rights violation,” Schettino said.

Schettino said he was told by a borough employee that the recording system in the room wasn’t working because it was needed for the council meeting. “Apparently the exact opposite was true,” he said.

The recording adds one more entry to the borough's long list of controversies, which includes lawsuits, settlements and internal power struggles.

The last two mayoral elections were heavily contested in a Democratic primary. Days before the November election, a judge found probable cause of voter fraud against the Republican mayoral candidate and current Councilwoman Stephanie Jang and days before a lame-duck mayor left office he promoted a new chief of police — a position that had been vacant since 2019 amid its own controversy.

The empty council seat controversy

On the recording, Pirrera and Schettino can be heard discussing how to appoint a candidate to a vacant council seat — one who was not on a list approved by the Democratic County Committee.

The vacancy was created when Democratic Councilman Chong "Paul" Kim won a mayoral election in November 2022. At the heart of the legal battle is who was allowed to make the final decision on who filled the vacant seat — the Democratic County Committee or three members of the council, due to the timing of when the seat opened.

Three council members believe the Democratic County Committee actions are void because a letter submitting the three names for consideration was dated Dec. 28, 2022, before Kim officially resigned from his council seat. 

As a result, in an unprecedented move, two people were sworn in for the vacant council seat. That left the council divided and waiting for a judge to make a ruling.

The move also resulted in fighting over quorums, canceled meeting dates and interpretations of state law.

In the Jan. 31 recording, Schettino is heard going over a certified complaint that was to be filed the next morning in Bergen County Superior Court by special counsel Matthew Giacobbe and Steven Kleinman.

Part of the discussion included speculation on which judge would be assigned their case.

"We have to hope we get the right judge," Schettino is heard saying on the recording. "Supposedly we should, but who knows."

Schettino is heard telling Pirrera that assignment Judge Bonnie Mizdol would be best, but adds that the judge they really want is Gregg Padovano because "he's good and smart."

"But, the judge we really want to get is Padovano, but they won't send it there," Schettino is heard telling Pirrera. "That's who my son clerks for. It's fine. They don't know that, but I think Mizdol knows that, so she won't send it there."

On Feb. 1, the day following the recorded conversation, a complaint was filed on behalf of Pirrera, Councilwoman Stephanie Jang, Councilman Jae Park and the borough of Palisades Park against Mayor Chong Paul Kim, Councilmen Michael Vietri and Jason Kim, and the Democratic County Committee of Palisades Park over the vacant seat.

Giacobbe said their position is two-fold as the list of Democratic candidates provided by the committee was created when no vacancy existed, and the mayor's cancellation of the Jan. 31 meeting and efforts to "thwart a quorum" are contrary to law and the duties of an elected official.

The case was ultimately assigned to Judge Peter Geiger, who ruled in favor of the Palisades Park County Committee and Mayor Kim.

Giacobbe, representing Pirrera, Jang and Park, appealed the decision and was granted a stay by the state Superior Court Appellate Division.

Hearings will now take place to determine whether a full appeal will proceed.

Police personnel discussion

During the discussion on the vacant council seat, Pirrera pivots and is heard speculating that her son Marc Messing, a 42-year-old borough police officer, may be fired. Messing was one of several officers who received a Rice notice, or notification that their employment would be discussed in public.

"I want Marc to come with an attorney," Pirrera tells Schettino. "No matter what it's about. I don't care. He's not coming without an attorney. Not my kid. Not after what the piece of [expletive] put him through. It's all over if the judge doesn't give a stay tomorrow. Oh God, John. I'm afraid to answer your phone call tomorrow."

Pirrera is referring to councilman Mike Vietri, the borough's retired police chief and former police director. Vietri was director when Pirrera's son was charged with forgery and theft for depositing a $1,000 check from a utility company paying for police detail into his personal account rather than the borough treasury in 2014.

The defense argued that a mistake was made, not a crime, while the prosecutors argued Messing, then an 11-year veteran, was too experienced for such a mistake. Utility companies normally pay the borough for the cost of police details, and then the borough splits the money with the officer. 

Messing was acquitted of forgery and theft and awarded a $675,000 settlement for attorney fees, pain and suffering. He was reinstated to his job, received more than $450,000 in back pay, and was appointed as the school resource officer. 

Did council members meet in secret?

During the nearly two-hour audio, Pirrera, who must abstain from voting on all police business because her son is on the force, is heard asking Chief of Police Anthony Espino to pull surveillance video from earlier in the day on Jan. 31 of Chung, Vietri and Park entering borough hall. Pirrera was looking for video evidence of whether the group had secretly met to discuss the council seat.

She is heard asking Espino to get a specific police officer to retrieve the surveillance video. Espino said he would ask a different officer to do it in the morning, but Pirrera objected, saying that particular officer would go alert the borough administrator. If that happened, Pirerra said she feared the video would be deleted.

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During the recorded conversation, Espino also tells Pirrera of an encounter one of his officers had with an officer from another police agency. While in a uniform store in Hackensack, the Palisades Park officer was told by the other officer that Espino and the newly appointed captain were going to be demoted.

Pirrera asked Espino if his officer would testify to what he was told about the demotion, to which the chief said he would go back to see where the information was coming from. Pirrera advised Espino to talk to his attorney.

At one point during the discussion, Pirrera is heard going over a statement she planned to make during the council meeting about the alleged secret meeting by other council members. She is heard asking Schettino what changes he had made to the statement.

Schettino: "Right there. It says today the mayor and two council people were in the municipal building..."

Pirerra: "But, how do I know that?"

Schettino: "Multiple people said that. You have to say it. You can say I told you to say it."

Pirerra: "OK, as long as you're sure and not putting me out. I have to get ready because my kid is getting fired."

Schettino: "It's OK. You can say I told you that ... and we are going to have it on the tape."

The Rice notices

The Feb. 3 meeting, where the employment of the officers who received Rice notices was to be discussed, was ultimately canceled, but during the recorded conversation on Jan. 31, Pirrera is heard asking Schettino for a full list of the officers involved to try to figure out what was happening.

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On Jan. 31, the same day of the recording, Espino, Capt. John Gasparovich, Lt. Thomas Juliano, Sgt. George Beck, Det. Dennis Palvik, along with Messing were issued the Rice notices.

"It's got to be about the promotion procedure right?" she said, adding that she thought the department was trying to fire her son. She asked Schettino what she should do and if Vietri is still exempt from voting on all police matters.

Vietri was recently exempt from voting on certain police issues after he was named in lawsuits filed by police officers.

"This better not have anything to do with my kid. John, I don’t know what I have to do, but you tell me I will be in court the next day," Pirrera is heard saying. "He cannot vote after the things he publicly said that I have witnesses to, and the fact that he pushed the prosecutor’s office to prosecute, he should never be voting on anything to do with my kid. That’s legally OK? I don’t think so."

Why was the conversation recorded?

Schettino said he was always led to believe that the recording component on the council dais has a switch and a light goes on when a recording is in progress. He wasn’t sure if there are two separate recording systems in the room.

During the audio, there are conversations about who will record the meeting on their phone because Pirerra forgot to bring a separate recording device. There were also questions about the council chamber Wi-Fi not working and if the bill was paid.

“The thinking was there was no recording device operating, but in any event, any attorney and client conversations wouldn’t fall under OPRA,” he said. “A tape recording of a private conversation is not something the borough is required to maintain as part of its records.”