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									                                                                         Mark S. Competello, CPP
                                                                                50 Willow Street
                                                                            Port Reading, NJ 07064
                                                                                 201-892-1770

Wednesday, May 26, 2010

Sent Via Certified Mail and Facsimile 609.292.3508

Honorable Paula Dow, N.J. Attorney General
Office if the Attorney General
P.O. Box 080
Trenton, NJ 08625-0080

Re: Pension Fraud and Official Misconduct Complaint: Public Safety Director Angel Alicea

Dear Attorney General Dow:

        I write to you requesting an official investigation, as it has come to my attention in my capacity
as a Police Lieutenant/Commander of the Criminal Investigation Bureau of the Hoboken Police
Department, that Angel Alicea II; Public Safety Director for the City of Hoboken appears to be in
violation of state administrative law, pertaining to both his pension and appointment to his current
position.

I did report this alleged misconduct in a confidential internal memorandum, dated April 22, 2010, both
through my chain of command, as well as to the City of Hoboken, including Mayor Dawn Zimmer. To
date, Mayor Zimmer and the City of Hoboken have met this matter with silence. Also, this matter may
have been referred to the Hudson County Prosecutor for a criminal review, however, even if this is
the case based on Director Alicia’s historically strong political ties in Hudson County politics, I would
rather this be investigated by your agency in the best interest of neutrality and justice.

By way of background, Director Alicea was appointed to his position on July 22, 2009 as noted on the
City Council Meeting Agenda of this date.1 At that time Director Alicea was an active sworn law
enforcement officer with the Union City Police Department. Pursuant to N.J.S.A. 43:16A-3.1 2
Appointive/Administrative or Supervisory Position Service), Director Alicea was required to be retired
not less than six months in order to legally accept the position of Director of Public Safety.

Additionally, according to the New Jersey Division of Pensions/Police and Fireman’s Retirement
System (PFRS) document dated March 8, 2010 3 it lists Angel Alicea II, of Union City being approved
for a Special Retirement effective February 1, 2010. This clearly indicates that Director Alicea is in
violation of state administrative and/or pension law and according to the PFRS rules must reenroll in
the PFRS, and possibly refund the pension for the improper time he served in a dual capacity as a
law enforcement officer with Union City PD (UCPD) and a civilian Director of Public Safety for the City
of Hoboken.

1
  See City Council Agenda, dated July 22, 2009 Consent Agenda Item # 1
2
  See PFRS fact Sheet # 29
3
  See PFRS Board Retirement List for March 8, 2010
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Moreover, I am also requesting an independent determination if Director Alicia’s unethical behavior
and actions pertaining to this issue constitute Criminal Misconduct under N.J.S.A. 2C: 30-2.

In order to be of assistance in sorting this out, I provide a breakdown of possible scenarios in regards
to Director Alicea’s hiatus from the UCPD:

The manner, in which the Union City Police Department (UCPD) recorded Director Alicea’s daily
attendance status, must also be fully investigated. Director Alicea was still a sworn member of the
UCPD for nearly (8) months, while simultaneously being compensated as the City’s civilian position of
Director of Public Safety. Presuming, Mr. Alicea was using “vacation time” accrued that would also be
improper under the state mandated statute of only allowing a public employee to carry over a total of
(1) year’s accrued vacation time into the succeeding year. This is pursuant to N.J.S.A. 11A6-3(e).

Another scenario to be investigated is if Mr. Alicea was using “sick time or terminal leave time”
depending upon his collective bargaining agreement (CBA). This again, would be unethical and
improper as Mr. Alicea was clearly not “sick” and was still being paid by the City of Union City, while
also being paid to perform his current title of Public Safety Director by the City of Hoboken. If either
the former or the latter scenario’s are found to exist Mr. Alicea would be engaging in the practice of
receiving compensation, benefits, etc. from two or more sources in a way regarded as unethical and
in a government job commonly referred to as “double-dipping” and may also constitute Official
Misconduct (2C: 30-2) and pension fraud.

The final scenario that could apply to Mr. Alicea’s hiatus from the UCPD is a “leave of absence.” Civil
Service Law N.J.A.C. 4A: 6-1.10 provides that:
2. An appointing authority may grant permanent employees a leave of absence without pay for a period not to exceed one
year. A leave may be extended beyond one year for exceptional circumstances upon request of the appointing authority
and written approval of the Department of Personnel.

Again, assuming this is the case Mr. Alicea would also not be in compliance with N.J. Pension Law
which states “unpaid” leaves of absence for personal reasons are only allowed to purchase a total of
“three months” of service. If Mr. Alicea were on a unpaid leave of absence, he would have been
engaging in pension fraud for approximately (5) months, by continuing to pay into his pension, while
engaging in “double-dipping.”

The final issue is a “leave of absence with pay”, which would be completely inappropriate in this case,
besides the possibility of again engaging in “double dipping” and may also may violate the criminal
statute of Official Misconduct (N.J.S.A. 2C: 30-2) in that Mr. Alicea was receiving full pay and benefits
from one municipality for essentially not working, and simultaneously being compensated by the City
of Hoboken for performing the duties of a civilian Director of Public Safety, thus knowingly obtaining
an illegal “benefit” by a public official.

Either way it is looked at, this matter must be fully investigated to determine the merits of exactly what
transpired in regards to the (8) month hiatus from the UCPD, and also the dual employment issue
with regards to the City of Hoboken. The taxpayers of both municipalities at least deserve an
explanation and conclusion to this matter, as well as what action will be taken.

In closing, I find it appalling that Director Alicea would engage in this type of malfeasance, especially
in light of all the recent controversy in regards to the fiscal condition of the N.J. State Pension System
and exposure of those guilty of “double dipping” in government jobs.

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It is completely unacceptable and sends the wrong message when a Director of Public Safety is
allowed to break the law, either in an administrative or criminal capacity, without impunity.



Should you require any further clarification on anything contained in this complaint letter, please let
me know. Also please advise me of the findings and/or action that will be taken in regards to this
matter.




Sincerely,


Mark S. Competello, CPP, CHS, CPM, CFC

Board Certified in Security Management
Board Certified in Homeland Security
Board Certified in Public Management
Board Certified in Forensic Consulting
ASIS International Law Enforcement Liaison Council Member




Cc:    Chris Christie, Governor
       Frederick Beaver, Director, N.J. Division of Pension & Benefits
       Dawn Zimmer, Mayor
       Arch Liston, Business Administrator
       Michael Kates, Corporation Counsel
       Anthony Falco Sr., Chief of Police



       Enclosures




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