Hightstown Mayor Alleges Conspiracy Between Council Member, Police Director

Hightstown Mayor Steven Kirson filed a tort claim notice with the Borough against Police Director James LeTellier, Councilman Robert Thibault, and the Borough on June 3 citing a damaged reputation as cause.

LeTellier’s comments about Kirson exposed the mayor to “hatred, contempt and ridicule,” and Thibault acted in concert with LeTellier in damaging the mayor’s reputation, Kirson said in the tort claim.

A tort claim notice signifies an intention to file a lawsuit at a later date. Kirson named Thibault, LeTellier, and the Borough in his tort claim notice, filed May 30 via the law firm Long, Marmero and Associates.

The tort claim notice centers on allegations LeTellier made that Kirson threatened his position as police director after he spoke out against Kirson’s desire to move borough operations to the Lucas facility on Mercer Street, near East Windsor at the March 4 meeting.

Kirson recommended using the facility because Borough Hall was flooded from Hurricane Irene and unable to be used, but LeTellier says the Lucas facility was not up to code.

“I’m concerned about the safety and the well-being of the employees who have to work there,” LeTellier said Monday afternoon.

LeTellier raised concern about OHSA citations, which were then published. He also made a public statement that the Mayor had threatened his job which led to the Borough Attorney asking the Mercer County Prosecutor's Office to investigate, Kirson said in his notice.

These allegations forced upon Kirson the expense of retaining an attorney, and the Mercer County Prosecutor’s Office concluded Kirson didn’t take part in any criminal activity.

Kirson said the Borough was negligent in the manner in which it hired, supervised and retained LeTellier. He said Thibault participated in the “unlawful act,” along with LeTellier, referring to the defamation of Kirson’s name.

“You'll find that the extent of my actions was: 1) ask Director LeTellier about code violations, 2) express concern about the allegations by calling for a special meeting to discuss them and 3) point out several days later that if the allegations were true, they may have involved serious violations of state law,” Thibault said in an emailed response Monday night. “Looking at these actions, the question should be "why does the mayor believe these represent an ‘unlawful act?’ Does he believe that it is unlawful for me, as duly elected member of the Borough Council, to ask questions of the Police Director? Or is it that he believes it is - or should be - unlawful for me to ask questions about possible code violations at a property he is on the record as saying the Borough should purchase?”

LeTellier said he sought counsel in the matter, and was awaiting a response from the Mid-Jersey Joint Insurance Fund. He didn’t want get into too many specifics, but submitted a blog post on East Windsor Patch on Monday, spelling out his qualifications as Police Director to the Borough’s residents.

“My priority is to serve Hightstown, and I would prefer to have a positive working relationship with mayor and council,” LeTellier said.

He added he would do whatever the borough wanted him to do; he had no other options for the borough, but offered his opinion when he was asked.

A cost analysis of the project that was conducted by Perez and Radosti Associates is attached to this story as a PDF.

A copy of the minutes from the special meeting of Oct. 17, 2012, in which the issue was discussed, is attached to this story as a PDF.

A copy of the tort claim notice filed by Kirson, is attached to this story as a PDF.