OPEN LETTER TO THE NEW JERSEY STATE ETHICS COMMISSION
June 21, 2009
Kathleen C. Wiechnik
Executive Director
State of New Jersey
State Ethics Commission
PO Box 082
Trenton, New Jersey 07102
Re: Investigation of Edward Werner
NJ Victims of Crime Compensation Board
Commission Case #41-07
Dear Ms. Wiechnik:
Please accept this as the response to your April 25, 2009 correspondence and a request for an investigation of Mr. Jeffrey Stooleman.
As you are aware, I was the Director of the Crime Victims Compensation Agency, in its various incarnations, from December, 2005 until July, 2008. Mr. Stooleman, Investigator for the State Ethics Commission, began investigating me almost immediately upon my arrival as if he had an agenda. Mr. Stooleman was not content to interrogate me repeatedly, he went out of his way to solicit complaints to be used against me.
There are many examples of Mr. Stooleman’s abuse of his authority. He has squandered thousands and thousands of taxpayer dollars to concoct a case against me. He continued to harass me even after it would have been obvious to anyone that there was no case to be made. The record proves I was at all times ethical and honest.
Below are just two examples of Mr. Stooleman's abuses:
1. Mr. Stooleman used a forgery in an attempt to solicit a complaint against me. One of the VCCA’s Supervisors of Investigators was ordered by Mr. Stooleman to report to Trenton for interrogation at Mr. Stooleman’s office. The Supervisor was given no reason. When he arrived, Mr. Stooleman advised him he would be under oath. He then said “You were asked to come here to answer questions about your letter.” When the Supervisor responded that he did not know to what letter Stooleman was referring, Stooleman showed him a letter listing a series of complaints against me. The Supervisor immediately disavowed the letter, said his signature was a forgery, and that he had never seen it before. He said he had no intention of making a complaint against me. Mr. Stooleman completely disregarded this comment and proceeded to grill him anyway. Mr. Stooleman went down the list of complaints to try to get the Supervisor to parrot the words. The Supervisor, much to his credit, was able to withstand this intimidation.
This conduct is troubling for many reasons. First, any Investigator who calls a witness to discuss a letter should cease the interrogation immediately upon learning it is a forgery. The next course of action should be to try to determine the source of the forgery. After all, any Investigator deceived this way has an obligation to try to discover who abused his office by sending in a forged letter. Instead, Mr. Stooleman chose to use the forged letter as a tool to solicit complaints against me.
I was taken aback by your response at the April hearing when I brought this up. You may remember you interjected that you found this practice acceptable because your Ethics Commission accepts anonymous complaints. You said Mr. Stooleman was justified in his method because once he was informed the letter was a forgery he used it as though it was an anonymous letter. I find it incredible that the State Ethics Commission does not distinguish between anonymous complaints and blatant forgeries. Is not forgery, a crime in every state in the union, considered unethical by the Ethics Commitee?
Your position on this issue is, to say the least, disconcerting. To say the most, it is criminal. Under NJSA 2C:30-2, it is a crime for a public servant to attempt to injure another by knowingly abusing his authority. Mr. Stooleman not only violated the spirit of his office – he is guilty of the crime of Official Misconduct.
2. A second example of Mr. Stooleman’s unethical conduct was his use of the Agency’s Director of Internal Controls to solicit complaints. To digress, while Director of the agency I requested an audit (the agency has never had a true audit in all of its thirty years). My chief concern was that three people - one being the Internal Controls Director - had control over one aspect of the agency. They created a system whereby they could submit a check request to the Department of Law and Public Safety for construction work allegedly done on homes of disabled crime victims. All “work” was given to construction firms on a no-bid basis. They then set up the internal case processing system to “fail to capture” any information on those cases. They then went even further. They established a policy of refusing to seek restitution from criminal defendants for these costs. This is the only type of expense for which the VCCA did not seek restitution from criminals.
I was disturbed to learn that on a regular basis, perhaps a daily basis, that extended over months, this same Internal Controls Director was feeding records to Stooleman. The Internal Controls Director wanted me removed because I am honest. Mr. Stooleman sifted through these records to conjure a case aginst me, even though it should have been very clear to him that the Internal Controls Director was using the Ethics Commission for his personal motives. I raised this issue in a conference call to Mr. Stooleman. I had two people from the Department of Treasury on the conference call. My Supervisor, David Ridolfino, and the Ethics Officer, Robert Smartt were present for the conference call. Mr. Stooleman was adamant that the Internal Controls Director was “very helpful” in providing him with agency records. I made it very clear to Mr. Stooleman that it appeared an internal system at the VCCA had been created for embezzlement and the only reason the Director of Internal Controls was trying so hard to find any excuse to fire me was because I was honest. Those three people working at the VCCA needed a Director who was either corrupt or disinterested in the daily working of the agency. I told Mr. Stooleman that continuing to harass me with interrogations was nothing more than doing the bidding for these dishonest people and he was abusing his office in that he was making it more likely that funds would be embezzled. He again said he was going to continue to interrogate me on any complaint he received and he would welcome any complaint against me.
Once again, this is not just an abuse of authority, it is a violation of the crime of Official Misconduct (NJSA 2C:30-2).
Mr. Stooleman has not only violated the criminal law in his abuse of authority, he never should have accepted this assignment in the first place because of his relationship with one Mr. Jacob Toporek. Mr. Stooleman is an old friend of Mr. Jacob Toporek. Mr. Toporek was a member of the VCCA under its Board structure. Mr. Toporek had been the Chairman of the agency while the no-bid construction contract scheme was added. Mr. Stooleman should have recused himself. Mr. Stooleman has confirmed that Mr. Toporek was one of the people from whom he was accepting complaints about me. He should have recused himslf and permitted these complanits to be assigned to someone who had no conflicts. Instead, he accepted complaint after complaint and did everything possible to find any basis to attack me.
In your letter you state, “The [Ethics] Commission had received several letters indicating that Mr. Werner was providing preferential treatment to former VCCB Chair Richard Pompelio…
…the [Ethics] Commission determined… there were indications that Werner violated sections 23(e)(7) of the Conflicts Law and NJAC 19:61-7.4.” I resent this. I did nothing wrong.
Mr. Stooleman has gone out of his way to spend hours and hours of his time to dig up anything he could call a violation and this is vague accusation is all he could muster. You may be aware that in addition to the above, the Ethics Commission has subpoenaed my computer hard drive. That has everything I did on the job for two and one half years. After three years of investigations, repeated interrogations of agency personnel and myself, and an examination of my hard drive, what did the Ethics Commission uncover?
It is time for the Ethics Commission to have this abuse investigated and have Mr. Stooleman referred to the criminal authorities for indictment. If the Ethics Commission casually ignores this matter, it will be announcing to everyone that it is amenable to unethical people who use it for political vendettas. It is impossible for the Ethics Commission to perform its function if it is not above the appearance of impropriety.
It bears mentioning that the people who were directing Mr. Stooleman to try to concoct a case against me may have been responsible for embezzling substantial amounts of money that was supposed to be used to pay for medical care for mugging victims and rape victims, funeral expenses for parents of murdered children, relocation for victims of domestic violence, etc. For many years while that agency received over ten million dollars per year, the people in charge had the freedom to write checks for themselves. It is especially galling that during those years the VCCB had a reputation of unreasonably delaying and denying legitimate victims’ claims.
Mr. Stooleman not only abused his authority in his methods, he may have lent aid and comfort to those who are so morally bankrupt they would deprive innocent victims of violent crime of necessary services just to steal money for themselves. I hope you agree, this situation must be further investigated.
Finally, I deserve a true accounting. As stated above, with years of investigations, repeated interrogations, examination of my hard drive, what was uncovered? After being publicly called to the Ethics Commission’s Offices, the Ethics Commission owes me a public acknowledgement of the extent of its investigation in terms of time and dollars and a report on what was uncovered – that I served the State of New Jersey with the utmost integrity, honestly working diligently to keep that agency serving victims, but also rooting out waste, fraud, and abuse. It is rare for any Director of a New Jersey State agency to speak out against corruption. I was the only Agency Director to testify for the passage of legislation that rid his or her agency of political patronage. I advocated the passage of legislation that saved over $400,000 in annual waste that had been used for patronage jobs and I requested an audit of a system that appears designed for embezzlement. If you refuse to have Mr. Stooleman investigated for his various abuses in this matter, you will be announcing that the New Jersey State Ethics Commission is available for corruption.
Please put this matter on the agenda for public discussion for your next meeting and confirm that you have done so. You may reach me at (609) 532-4589.
Respectfully submitted,
Edward G. Werner
Copyright (c) 2009, Edward Werner, all rights reserved
Sunday, June 21, 2009
Monday, April 27, 2009
What Are You Doing for Victims Rights?
Speaking to the American Bar Association House of Delegates, August 6, 1962, United States Attorney General Robert F. Kennedy said, “Crime is not only the cause of economic waste, but far worse than that, it is a reproach to the moral pretensions of our society, and advertises to the world the gap between our pronouncements and our performance.”
From out of the horror of violent crime our society has brought forth the National Crime Victims Rights movement. Our government is mandated to treat victims with respect through all stages of prosecution, pay for unreimbursed medical and funeral expenses, and give the victim a voice in the system. In New Jersey, as in many other states, victims’ rights are guaranteed in constitutional, statutory, and common law.
One conception of this movement is National Crime Victims Rights Week – this year April 26 to May 2. As victims and their supporters consider what we may do for our society this year, we must be mindful of a two-tiered problem. Violent crime is up while our state’s resources are diminishing. At this time of renewal, with so much changing in the occupations and habits of Americans, the task before us is to conceive new ideas to improve services to victims while reducing the costs to taxpayers. The following is a list of initiatives that would serve victims while saving taxpayer dollars:
1. Place Megan’s Law Offenders on the Internet as a Consequence for Failing to Register. Under current law, sex offenders are obliged to register their addresses with law enforcement. Sadly, if they fail to do so are usually not prosecuted. There are several reasons for this, including limited resources and a failure to prioritize Megan’s Law. Without registration, law enforcement does not know where they are and therefore cannot protect those vulnerable members of society who are likely to encounter them. New Jersey, as all other states, maintains an Internet database of all Megan’s Law offenders. New Jersey’s Megan’s Law website has a page for offenders who fail to register, but it only includes those offenders who already appear on the website, so it offers no additional protection to the public. Unfortunately, less than 20% of sex offenders appear on the website. The real tragedy is children who might otherwise have been protected are sexually assaulted. We could better monitor sex offenders and save taxpayer money by simply displaying every sex offender who fails to register on the New Jersey State Megan’s Law website. The public will be alerted to sex offenders who are eluding law enforcement, and, to the degree this would encourage voluntary registration, resources dedicated to this function could be more productively used elsewhere;
2. Appoint a VCCO Review Board. Under NJSA 52:4B-3.4 signed into law June 28, 2007, the Governor of New Jersey is obliged to appoint a Review Board for the Victims of Crime Compensation Agency (now the Victims of Crime Compensation Office, “VCCO”).The Review Board is to be available for the VCCO Director to consult on policies and procedures and is to, to review the agency’s performance, and hear appeals of VCCO decisions. The VCCO is backlogged with claims and has deteriorated into a bureaucratic mess, often revictimizing those in need. Victims who are dissatisfied with the VCCO are told they can file an appeal with the New Jersey Court of Appeals; a thin gruel to those already suffering from being raped, shot, stabbed, or survived the murder of a loved one. Appointing the Review Board is the Governor’s statutory obligation;
3. Add Enforcement Provision to the Crime Victims Bill of Rights. New Jersey has very admirable goals for victims as enunciated in the Crime Victims Constitutional Amendment and the Crime Victims Bill of Rights. Unfortunately, these laws have no means of enforcement. The practical result is victims’ rights are routinely violated with no recognition. Some states have included enforcement provisions to their crime victims legislation. This can be accomplished several ways. The most obvious method is to appoint the Review Board – which is already mandated by statute – and assign that body the enforcement authority.
4. Collect Victims Assessments from Criminals’ Bail. New Jersey does not use taxpayer dollars to support victims. The money used to assist victims is collected from defendants in our courts, incarcerated prisoners, and a federal grant. Guilty defendants are charged $100 or $50 per crime, depending on the seriousness of the offense. Unfortunately, many walk out of court with their returned bail money and never pay their victims’ assessment. This not only deprives victims of the revenue needed to fund their program, it unnecessarily burdens parole and probation officers with dunning their charges for the assessments. Today there is over $20,000,000 in unpaid assessments. Assemblyman Jack Conners has introduced bill A4182 (which merely brings to New Jersey the system already operating in Nevada and Illinois) to collect the assessments as a condition of return of bail.
5. Protect Funds that are Mandated for Victims. At the Assembly Budget Committee Hearing last week, Attorney General Anne Milgram announced the Federal Victim Assistance Grants (“VAG”) total $3.6 million. The Attorney General made no reference to victims in her prepared statement, but in response to a question from Assemblywoman Pou, the Attorney General admitted considering allocating part of those funds to other projects. The VAG grant is provided to New Jersey for the purpose of assisting victims overcome the horror of violent crime. This money must not be diverted to other projects.
6. Recognize Court Appointed Volunteers. For many years court appointed volunteers have provided invaluable service helping abused and neglected children find a permanent home. They have had a much better track record than DYFS. Court Appointed Special Advocates of new Jersey (“CASA”) estimates it saved $4.4 million dollars by getting children out of foster homes that cost the state at least $2000 per month. A bill sponsored by Assemblywoman Sheila Oliver (A3365) would give volunteers automatic access to a child’s records. Unfortunately, the Department of Children and Families has rejected the proposal because there would be an estimated expenditure of $86,500 for additional background checks that the new law would require. Victims, especially children who need a decent home, should not be short changed by such “penny wise and dollar foolish” thinking.
This year everyone can show their support for crime victims - and good government – by asking our public servants, “What are you doing for victims’ rights?” In this election year, let the candidates for Governor and the General Assembly display their achievements and agendas for advancing this cause. Crime victims and their supporters have the power to use government for genuine societal good without infecting the issue with politics.
Let us encourage everyone to send an e-mail to at least one public servant simply asking, “What have you done for victims’ rights?” Every incumbent and every challenger should have to prepare a response to that question, and in so doing, consider the issues, pass the bills, and enforce the laws.
Crime victims do not have hundreds of thousands of dollars to finance lobbyists in the halls of power. Our only appeal is to the conscience. Assisting crime victims by passing and enforcing the above laws will serve the public by bettering services to victims while saving taxpayers money. These issues are not simply good for society, they offer an opportunity for enlightenment in a government so often grossly common in its aims.
National Crime Victims Rights Week is the perfect occasion for a citizen to raise these issues. Just send an e-mail. If they respond with vagaries, suggest one or more of the ideas above. If they do not respond, e-mail them again and advise them other public servants have responded. If we can simply do this, crime victims and their supporters will have narrowed the gap between government pronouncements and deeds by democratic means.
By the way, what are you doing for victims' rights?
Copyright 2009, Edward Werner, all rights reserved
Speaking to the American Bar Association House of Delegates, August 6, 1962, United States Attorney General Robert F. Kennedy said, “Crime is not only the cause of economic waste, but far worse than that, it is a reproach to the moral pretensions of our society, and advertises to the world the gap between our pronouncements and our performance.”
From out of the horror of violent crime our society has brought forth the National Crime Victims Rights movement. Our government is mandated to treat victims with respect through all stages of prosecution, pay for unreimbursed medical and funeral expenses, and give the victim a voice in the system. In New Jersey, as in many other states, victims’ rights are guaranteed in constitutional, statutory, and common law.
One conception of this movement is National Crime Victims Rights Week – this year April 26 to May 2. As victims and their supporters consider what we may do for our society this year, we must be mindful of a two-tiered problem. Violent crime is up while our state’s resources are diminishing. At this time of renewal, with so much changing in the occupations and habits of Americans, the task before us is to conceive new ideas to improve services to victims while reducing the costs to taxpayers. The following is a list of initiatives that would serve victims while saving taxpayer dollars:
1. Place Megan’s Law Offenders on the Internet as a Consequence for Failing to Register. Under current law, sex offenders are obliged to register their addresses with law enforcement. Sadly, if they fail to do so are usually not prosecuted. There are several reasons for this, including limited resources and a failure to prioritize Megan’s Law. Without registration, law enforcement does not know where they are and therefore cannot protect those vulnerable members of society who are likely to encounter them. New Jersey, as all other states, maintains an Internet database of all Megan’s Law offenders. New Jersey’s Megan’s Law website has a page for offenders who fail to register, but it only includes those offenders who already appear on the website, so it offers no additional protection to the public. Unfortunately, less than 20% of sex offenders appear on the website. The real tragedy is children who might otherwise have been protected are sexually assaulted. We could better monitor sex offenders and save taxpayer money by simply displaying every sex offender who fails to register on the New Jersey State Megan’s Law website. The public will be alerted to sex offenders who are eluding law enforcement, and, to the degree this would encourage voluntary registration, resources dedicated to this function could be more productively used elsewhere;
2. Appoint a VCCO Review Board. Under NJSA 52:4B-3.4 signed into law June 28, 2007, the Governor of New Jersey is obliged to appoint a Review Board for the Victims of Crime Compensation Agency (now the Victims of Crime Compensation Office, “VCCO”).The Review Board is to be available for the VCCO Director to consult on policies and procedures and is to, to review the agency’s performance, and hear appeals of VCCO decisions. The VCCO is backlogged with claims and has deteriorated into a bureaucratic mess, often revictimizing those in need. Victims who are dissatisfied with the VCCO are told they can file an appeal with the New Jersey Court of Appeals; a thin gruel to those already suffering from being raped, shot, stabbed, or survived the murder of a loved one. Appointing the Review Board is the Governor’s statutory obligation;
3. Add Enforcement Provision to the Crime Victims Bill of Rights. New Jersey has very admirable goals for victims as enunciated in the Crime Victims Constitutional Amendment and the Crime Victims Bill of Rights. Unfortunately, these laws have no means of enforcement. The practical result is victims’ rights are routinely violated with no recognition. Some states have included enforcement provisions to their crime victims legislation. This can be accomplished several ways. The most obvious method is to appoint the Review Board – which is already mandated by statute – and assign that body the enforcement authority.
4. Collect Victims Assessments from Criminals’ Bail. New Jersey does not use taxpayer dollars to support victims. The money used to assist victims is collected from defendants in our courts, incarcerated prisoners, and a federal grant. Guilty defendants are charged $100 or $50 per crime, depending on the seriousness of the offense. Unfortunately, many walk out of court with their returned bail money and never pay their victims’ assessment. This not only deprives victims of the revenue needed to fund their program, it unnecessarily burdens parole and probation officers with dunning their charges for the assessments. Today there is over $20,000,000 in unpaid assessments. Assemblyman Jack Conners has introduced bill A4182 (which merely brings to New Jersey the system already operating in Nevada and Illinois) to collect the assessments as a condition of return of bail.
5. Protect Funds that are Mandated for Victims. At the Assembly Budget Committee Hearing last week, Attorney General Anne Milgram announced the Federal Victim Assistance Grants (“VAG”) total $3.6 million. The Attorney General made no reference to victims in her prepared statement, but in response to a question from Assemblywoman Pou, the Attorney General admitted considering allocating part of those funds to other projects. The VAG grant is provided to New Jersey for the purpose of assisting victims overcome the horror of violent crime. This money must not be diverted to other projects.
6. Recognize Court Appointed Volunteers. For many years court appointed volunteers have provided invaluable service helping abused and neglected children find a permanent home. They have had a much better track record than DYFS. Court Appointed Special Advocates of new Jersey (“CASA”) estimates it saved $4.4 million dollars by getting children out of foster homes that cost the state at least $2000 per month. A bill sponsored by Assemblywoman Sheila Oliver (A3365) would give volunteers automatic access to a child’s records. Unfortunately, the Department of Children and Families has rejected the proposal because there would be an estimated expenditure of $86,500 for additional background checks that the new law would require. Victims, especially children who need a decent home, should not be short changed by such “penny wise and dollar foolish” thinking.
This year everyone can show their support for crime victims - and good government – by asking our public servants, “What are you doing for victims’ rights?” In this election year, let the candidates for Governor and the General Assembly display their achievements and agendas for advancing this cause. Crime victims and their supporters have the power to use government for genuine societal good without infecting the issue with politics.
Let us encourage everyone to send an e-mail to at least one public servant simply asking, “What have you done for victims’ rights?” Every incumbent and every challenger should have to prepare a response to that question, and in so doing, consider the issues, pass the bills, and enforce the laws.
Crime victims do not have hundreds of thousands of dollars to finance lobbyists in the halls of power. Our only appeal is to the conscience. Assisting crime victims by passing and enforcing the above laws will serve the public by bettering services to victims while saving taxpayers money. These issues are not simply good for society, they offer an opportunity for enlightenment in a government so often grossly common in its aims.
National Crime Victims Rights Week is the perfect occasion for a citizen to raise these issues. Just send an e-mail. If they respond with vagaries, suggest one or more of the ideas above. If they do not respond, e-mail them again and advise them other public servants have responded. If we can simply do this, crime victims and their supporters will have narrowed the gap between government pronouncements and deeds by democratic means.
By the way, what are you doing for victims' rights?
Copyright 2009, Edward Werner, all rights reserved
Sunday, December 21, 2008
Crime Victims to Governor: "You're doin' a heckuva a job, Jonny"
The December 21, 2008 Star-Ledger quoted Governor Corzine vowing that his two concerns for his re-election bid will be finances and ethics. People in New Jersey who follow politics know why he said that. He is concerned about the public perception on finances because his toll hike plan was a bust. He is concerned about the public perception of ethics because former U.S. Attorney Chris Christie has put away 130 corrupt New Jersey politicians while his Attorney General has been wasting taxpayer money litigating to keep the public from reading his e-mails.
On behalf of the crime victims and their advocates, he has much to learn - about squandering government money and ethics.
By dividing them into two different issues he condemns both efforts to failure. Ethics and finances are not mutually exclusive. In fact, they are one in the same. As Director of the New Jersey Victims of Crime Compensation Agency, I worked hard to maintain a high level of support for crime victims and their service providers for two and one half years. During State fiscal year 2008 we processed 3,603 claims and paid over $12,000,000 to victims and service providers. Contaray to public pronouncements by both the Inspector General and the Attorney General, there is not one example of anything improper in any of those claims. This was accomplished with an ever diminishing staff. When I began on December 27, 2005, the agency had a staff of over fifty full-time people. In July, 2008, we were down to thirty-three. I was never given the authority to hire anyone, regardless of the reasons for the vacancies. Through the hard work and compassion of the people who worked there - many of whom voluntarily performed two jobs - we were able to serve the crime victims at a higher level than at any time in New Jersey's history. I was also able to expose fraud, waste and abuse. Two in-house attorneys who had worked there for over ten years had to be fired for corruption. One was operating a house closing business from his office. The other - who just happens to be the sister-in law of State Senator Robert Singer (R) 30th district - falsified her time sheets. Three patronage appointees had their positions eliminated by statute. We put a stop to a practice of hiring construction companies on a no bid basis (a practice I reported to the dismay of those who controlled it). In return for my successes I was fired and defamed.
The point of the above it this - a Governor must stand by people who do good work while ridding their agencies of corruption. If a Governor permits such people to be ruined by the political hacks who abuse government for their own greedy ends, that Governor fails the taxpayers both financially and ethically. Actions speak louder than words. Governor Corzine has told everyone familiar with this matter that if you work for the government you must keep silent about corruption or you will be punished. This corrodes confidence and makes any true ethics reform impossible.
For crime victims generally, the system is only getting worse. The VCCO is failing crime victims all over the state. The agency is delaying and denying claims submitted by victims of all types of horrible crimes. The goal of the current leadership seems to be to find any excuse possible to deny claims. Some readers may be thinking, "In these troubled times, maybe this is just a matter of saving taxpayer dollars." Such a sentiment is understandable - but it is wrong. The agency does not spend taxpayer dollars on victims. The funds used to pay thes claims comes from (1) assessments paid by defendants in the various criminal and municipal courts throughout the state, (2) a fees in commissaries at prisons and jails, and (3) a federal grant, which derives its funds from criminals in the federal justice system. The ironic and tragic truth is that by unnecessarily delaying and denying victims' claims, the current leadership is forfeiting federal grant money for subsequent years. This is because the federal grant is calculated as a percentage of the money spent on claims from the previous year. The federal government has built an incentive into the system to encourage crime victims' agencies to pay claims expeditiously. The current leadership is aware of this, they just do not care. Victims are going to lose what should be rightfully theirs. This will take the form of rape victims who will not get the mental health counseling they need, victims of domestic violence who will not be able to escape dangerous surroundings, victims of gang violence who will be bankrupted by medical bills, etc. Once again, the Governor's policy fails both financially and ethically.
It was Ralph Waldo Emerson who said, "When you have chosen your part, abide by it, and do not weakly try to reconcile yourself to the world." Jon Corzine is Governor because he chose to buy it. What makes his reconciliation with the political culture of the Soprano State so hideous is it is so unnecessary. He could be a true public servant, stand by his principles, and come to the defense of honest people in his government. But he is too weak for that. He has decided to "play ball" with the political bosses at the expense of those who truly need government and who truly work to make it more honest. In so doing he encourages those with political influence who abuse the government for their own enrichment and discourages those who stand up to corruption. His continued mistreatment of crime victims displays that even by his own standards - finances and ethics - Jon Corzine must go.
Copyright 2008, Edward Werner, All rights resrved
On behalf of the crime victims and their advocates, he has much to learn - about squandering government money and ethics.
By dividing them into two different issues he condemns both efforts to failure. Ethics and finances are not mutually exclusive. In fact, they are one in the same. As Director of the New Jersey Victims of Crime Compensation Agency, I worked hard to maintain a high level of support for crime victims and their service providers for two and one half years. During State fiscal year 2008 we processed 3,603 claims and paid over $12,000,000 to victims and service providers. Contaray to public pronouncements by both the Inspector General and the Attorney General, there is not one example of anything improper in any of those claims. This was accomplished with an ever diminishing staff. When I began on December 27, 2005, the agency had a staff of over fifty full-time people. In July, 2008, we were down to thirty-three. I was never given the authority to hire anyone, regardless of the reasons for the vacancies. Through the hard work and compassion of the people who worked there - many of whom voluntarily performed two jobs - we were able to serve the crime victims at a higher level than at any time in New Jersey's history. I was also able to expose fraud, waste and abuse. Two in-house attorneys who had worked there for over ten years had to be fired for corruption. One was operating a house closing business from his office. The other - who just happens to be the sister-in law of State Senator Robert Singer (R) 30th district - falsified her time sheets. Three patronage appointees had their positions eliminated by statute. We put a stop to a practice of hiring construction companies on a no bid basis (a practice I reported to the dismay of those who controlled it). In return for my successes I was fired and defamed.
The point of the above it this - a Governor must stand by people who do good work while ridding their agencies of corruption. If a Governor permits such people to be ruined by the political hacks who abuse government for their own greedy ends, that Governor fails the taxpayers both financially and ethically. Actions speak louder than words. Governor Corzine has told everyone familiar with this matter that if you work for the government you must keep silent about corruption or you will be punished. This corrodes confidence and makes any true ethics reform impossible.
For crime victims generally, the system is only getting worse. The VCCO is failing crime victims all over the state. The agency is delaying and denying claims submitted by victims of all types of horrible crimes. The goal of the current leadership seems to be to find any excuse possible to deny claims. Some readers may be thinking, "In these troubled times, maybe this is just a matter of saving taxpayer dollars." Such a sentiment is understandable - but it is wrong. The agency does not spend taxpayer dollars on victims. The funds used to pay thes claims comes from (1) assessments paid by defendants in the various criminal and municipal courts throughout the state, (2) a fees in commissaries at prisons and jails, and (3) a federal grant, which derives its funds from criminals in the federal justice system. The ironic and tragic truth is that by unnecessarily delaying and denying victims' claims, the current leadership is forfeiting federal grant money for subsequent years. This is because the federal grant is calculated as a percentage of the money spent on claims from the previous year. The federal government has built an incentive into the system to encourage crime victims' agencies to pay claims expeditiously. The current leadership is aware of this, they just do not care. Victims are going to lose what should be rightfully theirs. This will take the form of rape victims who will not get the mental health counseling they need, victims of domestic violence who will not be able to escape dangerous surroundings, victims of gang violence who will be bankrupted by medical bills, etc. Once again, the Governor's policy fails both financially and ethically.
It was Ralph Waldo Emerson who said, "When you have chosen your part, abide by it, and do not weakly try to reconcile yourself to the world." Jon Corzine is Governor because he chose to buy it. What makes his reconciliation with the political culture of the Soprano State so hideous is it is so unnecessary. He could be a true public servant, stand by his principles, and come to the defense of honest people in his government. But he is too weak for that. He has decided to "play ball" with the political bosses at the expense of those who truly need government and who truly work to make it more honest. In so doing he encourages those with political influence who abuse the government for their own enrichment and discourages those who stand up to corruption. His continued mistreatment of crime victims displays that even by his own standards - finances and ethics - Jon Corzine must go.
Copyright 2008, Edward Werner, All rights resrved
Saturday, November 15, 2008
Please President-Elect Obama, don't take him from us
Open letter to Prersident -elect Obama:
Dear Mr. President-elect:
There have been many news reports of Governor Jon Corzine requesting consideration for an appointment to the upper echelon of your administrarrtion.
I respectfully ask you to consider the crime victims of New Jersey before you respond to the Governor's request.
All over the State of New Jersey, people who provide services to crime victims are waiting for word on their applications for federal grants. There has been a delay in informing these people if they will be able to make their living or close down. It has placed a great strain on professionals who are uniquely qualified to help those suffering traumatic grief. Governor Corzine seems unconcerned.
Earlier this year the Attorney General announced major cuts to the Offices of Victim/Witness Advocacy throughout the State. In Mercer County, which includes the high crime area in our Capitol, Trenton, they have been told there would be a seventy prcent cut in funding. This means they will have to reduce the number of people who assist crime victims. Victims will go without counseling. They will attend court hearings alone. They will be forgotten by the "Justice" system. Governor Corzine seems unconcerned.
By statute signed the Governor in July, 2007, he was supposed to appoint a Review Board to oversee the Crime Victims Compensation Agency. He has failed to nominate anyone. Instead he left me to run the agency with no help from his office for over one year. While I ran that agency, crime victims and service providers were assured of being treated professionally and paid quickly. I was fired in July in retaliation for reporting various examples of waste, fraud and abuse. The Attorney General replaced me with people who have no background in victims' rights and who show no concern for the people who need that office. They have created an unnecesary backlog of cases. People have been waiting for months just for a decision on whether claims will be paid. It will not be long before professionals will refuse to serve crime victims just as many will not now serve medicare patients. Governor Corzine seems unconcerned.
I have read where you got invlolved in public service because, deep down, you do not like to see people be mean to one another. I believe you mean that sincerely. With that thought in mind, I respectfully ask you to rememeber innocent crime victims when Governor Corzine applies for a position in your administration. Please remind him he needs to see to it that grants are delivered to victims' service providers, that victim/witness advocates in prosecutors' offices need funding, he needs to appoint a review board for the Crine Victims' Compensation Office, and he needs to find sensitive people to run the Crime Victims' Compensation Office.
Please Preident-elect Obama, when Governor Corzine asks for a promotion to your administration, remind him of the things he has left undone. Thank him for the offer of his services but tell him, "The crime vicitms of New Jersey need you more".
Sincerely,
Ed Werner
Copyright 2008, Ed Werner, All Rights Reserved
Dear Mr. President-elect:
There have been many news reports of Governor Jon Corzine requesting consideration for an appointment to the upper echelon of your administrarrtion.
I respectfully ask you to consider the crime victims of New Jersey before you respond to the Governor's request.
All over the State of New Jersey, people who provide services to crime victims are waiting for word on their applications for federal grants. There has been a delay in informing these people if they will be able to make their living or close down. It has placed a great strain on professionals who are uniquely qualified to help those suffering traumatic grief. Governor Corzine seems unconcerned.
Earlier this year the Attorney General announced major cuts to the Offices of Victim/Witness Advocacy throughout the State. In Mercer County, which includes the high crime area in our Capitol, Trenton, they have been told there would be a seventy prcent cut in funding. This means they will have to reduce the number of people who assist crime victims. Victims will go without counseling. They will attend court hearings alone. They will be forgotten by the "Justice" system. Governor Corzine seems unconcerned.
By statute signed the Governor in July, 2007, he was supposed to appoint a Review Board to oversee the Crime Victims Compensation Agency. He has failed to nominate anyone. Instead he left me to run the agency with no help from his office for over one year. While I ran that agency, crime victims and service providers were assured of being treated professionally and paid quickly. I was fired in July in retaliation for reporting various examples of waste, fraud and abuse. The Attorney General replaced me with people who have no background in victims' rights and who show no concern for the people who need that office. They have created an unnecesary backlog of cases. People have been waiting for months just for a decision on whether claims will be paid. It will not be long before professionals will refuse to serve crime victims just as many will not now serve medicare patients. Governor Corzine seems unconcerned.
I have read where you got invlolved in public service because, deep down, you do not like to see people be mean to one another. I believe you mean that sincerely. With that thought in mind, I respectfully ask you to rememeber innocent crime victims when Governor Corzine applies for a position in your administration. Please remind him he needs to see to it that grants are delivered to victims' service providers, that victim/witness advocates in prosecutors' offices need funding, he needs to appoint a review board for the Crine Victims' Compensation Office, and he needs to find sensitive people to run the Crime Victims' Compensation Office.
Please Preident-elect Obama, when Governor Corzine asks for a promotion to your administration, remind him of the things he has left undone. Thank him for the offer of his services but tell him, "The crime vicitms of New Jersey need you more".
Sincerely,
Ed Werner
Copyright 2008, Ed Werner, All Rights Reserved
Saturday, October 25, 2008
"What are they to make of us, these souls fresh from God?", Victor Hugo
Open letter to all Prosecutors in New Jersey
Dear Sirs/Madams:
It is with great sadness that I must write of one of the Victims of Crime Compensation Office’s (“VCCO”) new policies – excluding children who are victims of molestation. Some of you are already aware of this horrendous policy initiated under the direction of Attorney General Anne Milgram, but to those of you who are not, the new leadership of the VCCO will not find Endangering the Welfare of a Child (NJSA Section 2C:24-3) an eligible crime for compensation. In many cases of child abuse, this is the formal charge against the defendants.
Legally, there is no excuse for this. Under NJSA 52:4B-11(10), the VCCO may order compensation for personal injury for any crime of violence. Beyond this, under Administrative Code section 13:75-1.2, all rules governing the VCCO shall be liberally construed to permit the VCCO to secure equitable determinations in all matters before the agency. The VCCO’s large measure of discretion has been recognized by the Supreme Court of the State of New Jersey in White v. VCCB,76 N.J. 368, A. 2d 206, 1978. When I was relieved of my responsibilities as Director on July 16, 2008, the VCCO was not only on stable financial ground, it had a $4,000,000 surplus. The new leadership of the VCCO has decided to disregard statutory obligation, administrative code direction, and State Supreme Court precedent in order to deny coverage for these children. In plain English, the VCCO has the authority and the means to provide medical care and mental health counseling to these children, but it has chosen to deny them.
The legal argument for mental health counseling and medical care to abused children - though compelling - is nothing compared to the equitable argument. Only a cold-hearted bureaucrat would consider denying this sort of assistance to a child in need, but that is the new VCCO under the direction of Attorney General Anne Milgram. The VCCO is supposed to provide needed care to innocent victims of violent crimes. These children, their fragile bodies disfigured and scarred, their souls fresh from God tormented and anguished, should never be forsaken as an excuse to save money (the VCCO does not use tax dollars to pay claims, it is funded primarily by criminal defendants' fees) or to cover the asses of spineless bureaucrats. These abused children are some of the most innocent victims of some of the most violent crimes in our State.
I am aware that a prosecutor’s job is often a thankless one, and it should not be unnecessarily burdened by the heartlessness of the bureaucrats currently in charge of the VCCO. But on behalf of these children I must respectfully ask that until sanity is restored to the VCCO, please remember to charge all defendants with crimes the VCCO will cover and do not charge them only with Endangering the Welfare of a Child (NJSA section 2C:24-3).
Respectfully submitted,
Edward G. Werner
Dear Sirs/Madams:
It is with great sadness that I must write of one of the Victims of Crime Compensation Office’s (“VCCO”) new policies – excluding children who are victims of molestation. Some of you are already aware of this horrendous policy initiated under the direction of Attorney General Anne Milgram, but to those of you who are not, the new leadership of the VCCO will not find Endangering the Welfare of a Child (NJSA Section 2C:24-3) an eligible crime for compensation. In many cases of child abuse, this is the formal charge against the defendants.
Legally, there is no excuse for this. Under NJSA 52:4B-11(10), the VCCO may order compensation for personal injury for any crime of violence. Beyond this, under Administrative Code section 13:75-1.2, all rules governing the VCCO shall be liberally construed to permit the VCCO to secure equitable determinations in all matters before the agency. The VCCO’s large measure of discretion has been recognized by the Supreme Court of the State of New Jersey in White v. VCCB,76 N.J. 368, A. 2d 206, 1978. When I was relieved of my responsibilities as Director on July 16, 2008, the VCCO was not only on stable financial ground, it had a $4,000,000 surplus. The new leadership of the VCCO has decided to disregard statutory obligation, administrative code direction, and State Supreme Court precedent in order to deny coverage for these children. In plain English, the VCCO has the authority and the means to provide medical care and mental health counseling to these children, but it has chosen to deny them.
The legal argument for mental health counseling and medical care to abused children - though compelling - is nothing compared to the equitable argument. Only a cold-hearted bureaucrat would consider denying this sort of assistance to a child in need, but that is the new VCCO under the direction of Attorney General Anne Milgram. The VCCO is supposed to provide needed care to innocent victims of violent crimes. These children, their fragile bodies disfigured and scarred, their souls fresh from God tormented and anguished, should never be forsaken as an excuse to save money (the VCCO does not use tax dollars to pay claims, it is funded primarily by criminal defendants' fees) or to cover the asses of spineless bureaucrats. These abused children are some of the most innocent victims of some of the most violent crimes in our State.
I am aware that a prosecutor’s job is often a thankless one, and it should not be unnecessarily burdened by the heartlessness of the bureaucrats currently in charge of the VCCO. But on behalf of these children I must respectfully ask that until sanity is restored to the VCCO, please remember to charge all defendants with crimes the VCCO will cover and do not charge them only with Endangering the Welfare of a Child (NJSA section 2C:24-3).
Respectfully submitted,
Edward G. Werner
Saturday, October 18, 2008
To the VCCA, with Love
As written in previously posted entries, the New Jersey State Attorney General has attempted to ruin me personally and professionally. I do not want that part of the story to shroud the privilege I had to lead the Victims of Crime Compensation Agency for two and one half years.
On April 22, 2008, I addressed the people who work at the Victims of Crime Compensation Agency in honor of National Victims' Rights Week. At the time I delivered these words, I had no way of knowing I would be fired and replaced by the very sort of bureaucrats described therein. I may never be reinstated at the VCCA, and the Attorney General may never concede the errors that have left innocent crime victims out in the cold.
On the other hand, I would like the people who did such fine work to get some recognition. And no matter what happens in the future, I hope they never forget that for one brief shining moment, there was a place in New Jersey State Government where artists were able to realize their potential and suffering victims were healed.
T0 THE VCCA, WITH LOVE
In the year 415 B.C.E., the citizens of Athens gave their highest award to the playwright Euripides. The play for which he received the award was not about great triumphs on the battlefield, fetes on the Olympic fields of competition, or a soap opera about the gods. It was a play about the pain and suffering in the aftermath of war. The award was presented to him in gratitude for reminding them of the horror of war, lest they enter into one without just cause.
At one point in the play, the main character is holding the body of her murdered son in her arms and she says to him, “Tis I, Old, homeless, childless, that for thee must shed Cold tears, so young, so miserably dead.”
There are misguided people who would call us bureaucrats. Stereotypical government workers. Dilettantes with puny souls, blithely adhering to the dictates of statute and administrative code.
You are artists. People come here in pain and you help them heal. There is no higher calling anywhere. There is no more important vocation anywhere. Not just in State government. Anywhere.
The statute and administrative code? They are the Cider House Rules. We are here to be open hearted and open minded to people who cry cold tears. Shooting victims who do not have money for medical care. Rape victims who do not have money for counseling. Parents of murdered children who do not have money for a funeral. The victims of domestic violence who need money to escape. You see to their well being and answer their prayers when nobody else will.
By far the greatest privilege of my professional life has been to be among you to witness pure greatness. Last year alone, you provided over $16,000,000 in help to thousands of people with nowhere else to turn. Your work is inspiring because you do it so well, and especially because you do it without recognition or accolades. After years of this public service you have come to know the only rewards you will ever get are the ones you feel in your hearts. So on this, National Victims’ Rights Week, on behalf of the Government of the State of New Jersey, and as Director of the VCCA, I recognize all of you for your professionalism, your diligence, your compassion, and your integrity.
And on behalf of people who cry cold tears, Thank you.
Edward G. Werner, Director of the New Jersey Victims of Crime Compensation Agency
April 22, 2008
Copyright (c) 2008, Edward Werner, All rights reserved
On April 22, 2008, I addressed the people who work at the Victims of Crime Compensation Agency in honor of National Victims' Rights Week. At the time I delivered these words, I had no way of knowing I would be fired and replaced by the very sort of bureaucrats described therein. I may never be reinstated at the VCCA, and the Attorney General may never concede the errors that have left innocent crime victims out in the cold.
On the other hand, I would like the people who did such fine work to get some recognition. And no matter what happens in the future, I hope they never forget that for one brief shining moment, there was a place in New Jersey State Government where artists were able to realize their potential and suffering victims were healed.
T0 THE VCCA, WITH LOVE
In the year 415 B.C.E., the citizens of Athens gave their highest award to the playwright Euripides. The play for which he received the award was not about great triumphs on the battlefield, fetes on the Olympic fields of competition, or a soap opera about the gods. It was a play about the pain and suffering in the aftermath of war. The award was presented to him in gratitude for reminding them of the horror of war, lest they enter into one without just cause.
At one point in the play, the main character is holding the body of her murdered son in her arms and she says to him, “Tis I, Old, homeless, childless, that for thee must shed Cold tears, so young, so miserably dead.”
There are misguided people who would call us bureaucrats. Stereotypical government workers. Dilettantes with puny souls, blithely adhering to the dictates of statute and administrative code.
You are artists. People come here in pain and you help them heal. There is no higher calling anywhere. There is no more important vocation anywhere. Not just in State government. Anywhere.
The statute and administrative code? They are the Cider House Rules. We are here to be open hearted and open minded to people who cry cold tears. Shooting victims who do not have money for medical care. Rape victims who do not have money for counseling. Parents of murdered children who do not have money for a funeral. The victims of domestic violence who need money to escape. You see to their well being and answer their prayers when nobody else will.
By far the greatest privilege of my professional life has been to be among you to witness pure greatness. Last year alone, you provided over $16,000,000 in help to thousands of people with nowhere else to turn. Your work is inspiring because you do it so well, and especially because you do it without recognition or accolades. After years of this public service you have come to know the only rewards you will ever get are the ones you feel in your hearts. So on this, National Victims’ Rights Week, on behalf of the Government of the State of New Jersey, and as Director of the VCCA, I recognize all of you for your professionalism, your diligence, your compassion, and your integrity.
And on behalf of people who cry cold tears, Thank you.
Edward G. Werner, Director of the New Jersey Victims of Crime Compensation Agency
April 22, 2008
Copyright (c) 2008, Edward Werner, All rights reserved
Monday, October 13, 2008
VICTIMS OF THE SYSTEM
Crime victims across New Jersey are unnecessarily suffering due to multiple failures of our political system. The state government agency charged with compensating innocent victims of violent crime was operating like a well-oiled machine for the last two and one half years. It is now a mess; failing to serve victims and forfeiting funds.
I am Ed Werner. It was my privilege to serve as the head of that agency from December 27, 2005 until July 16, 2008. The agency I inherited had many good people who were expert in their work and sincerely cared about helping victims. Unfortunately, like much of New Jersey government, it was riddled with corruption. I did my best to keep the agency operating at a high level while rooting out waste, fraud, and abuse wherever I found it.
As you will read below, I accomplished both, and the government has tried to ruin me for it.
The saddest part of all is the unnecessary suffering of the innocent victims with nowhere else to turn.
Copyright (c) 2008 Edward Werner. All rights reserved
I am Ed Werner. It was my privilege to serve as the head of that agency from December 27, 2005 until July 16, 2008. The agency I inherited had many good people who were expert in their work and sincerely cared about helping victims. Unfortunately, like much of New Jersey government, it was riddled with corruption. I did my best to keep the agency operating at a high level while rooting out waste, fraud, and abuse wherever I found it.
As you will read below, I accomplished both, and the government has tried to ruin me for it.
The saddest part of all is the unnecessary suffering of the innocent victims with nowhere else to turn.
Copyright (c) 2008 Edward Werner. All rights reserved
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