The report spurred by an employee complaint paints an ugly picture of politics and power within the municipal building's walls.
"Local politics is a nasty business," the investigator's report says, "and local politics in Lopatcong Township is particularly so."
The report spurred by an employee complaint in May -- and on which township officials are expected to act Wednesday night -- paints an ugly picture of politics and power within the municipal building.
Animosity between Lopatcong Township Mayor Tom McKay and Clerk Beth Dilts goes both ways, and it's causing dysfunction in the township's operations, according to an investigator's report. (lehighvalleylive.com file photos)It describes a "dysfunctional" working environment due to a feud between the mayor and the township clerk, and political infighting that has divided the township council and spread to the township offices.
"The result, in a word, is the township is suffering," says the report, obtained by lehighvalleylive.com.
How it started
On June 3, the township hired Lee Vartan, a partner in the New York City-based international law firm Holland & Knight, to investigate a complaint by township Clerk Beth Dilts. Vartan previously served as New Jersey's executive assistant attorney general -- the state's second highest-ranking prosecutor -- and was an adviser to Gov. Chris Christie in 2011 and '12.
Vartan was hired at a rate of $250 an hour, not to exceed a total of $7,500.
The complaint from Dilts dated May 13 alleges Mayor Tom McKay and two township employees earlier that month made disparaging remarks about Dilts and a township volunteer suggesting they were lesbians.
In the document, included with the final report, Dilts accuses the mayor of setting an atmosphere were sexual discrimination is condoned and the two other employees of "trying to sabotage" her.
"I feel it to be very hard to enter my workplace on a daily basis and perform my job," the complaint says. "How many other co-workers in the building are joking and sneering, mocking me behind my back, or avoiding me? ... This is unacceptable. It is intolerant. It is dogmatic, chauvinistic, homophobic, and misogynistic."
The investigation found there was not enough evidence to back up Dilts' specific complaint against McKay and the other employees.
However, it did find evidence -- through a number of interviews -- that the mayor has spread rumors about the clerk's sexuality, a violation of the township's anti-harassment policy.
RELATED: Lopatcong clerk to sue for alleged harassment
Township dysfunction
The investigation delved deeper into local politics, laying blame for dysfunction on both the mayor and the clerk.
The report notes that the township had one mayor, Doug Steinhardt, for 14 years -- nearly all of Dilts' career -- and when McKay took over, there were bound to be some growing pains.
According to the report:
Vartan's report also says that the feud means there is no clear chain of command, preventing business from getting done. Interviews also reportedly showed that political divisions over a proposed asphalt plant has led to the "immobilization" of the township council.
Possible remedies
The report makes several recommendations.
It calls for discipline against the mayor, be it censure, a reprimand or some other form. Council President Lori Ciesla said action will be taken at Wednesday's meeting.
The investigator also says all township employees, including the mayor, should receive immediate counseling on the township's personnel policies and the state's discrimination laws. The mayor and council are also called upon to immediately clarify everyone's responsibilities and make it clear to whom everyone should report.
A special investigator recommends Lopatcong Township take immediate action to improve its working environment, including a mediator for dealings between the mayor and township clerk. (lehighvalleylive.com file photo) As for the feud between McKay and Dilts, the report says the township should retain an independent consultant -- one with no ties to the township or any current or former elected officials -- to mediate their interactions.
"The goal, of course, is not to make the Mayor and Ms. Dilts friends, but rather to make their interactions ... professional so that the people's business can get done," the report says.
As for ongoing political strife, "there is little that can be done," the report says.
"If politics is impacting the people's business -- as it appears to be -- then it is up to the people to remedy the problem at the ballot box," the report says.
The report cautioned that elected officials likely ran to improve the township rather than fight, but concludes with a reminder that "improvement requires a commitment to governance, consensus, and, perhaps above all, the ability to forget the slights of the campaign trail."
McKay declined to comment Tuesday.
Dilts has filed a notice of a pending lawsuit against the township for harassment. Her attorney, Jeff Russo, on Tuesday said the investigator's report "wholly substantiates Ms. Dilts' claims and it is my hope that the township immediately institutes the recommendations outlined in the report."
At a council meeting last week -- in which officials openly argued about the bill for the investigator -- one resident voiced her frustration with the bickering.
"You can disagree respectfully. You can communicate (amicably) up there," the woman said. "I genuinely believe that it is your job and you should try to work together cooperatively.
"And I think it's a darn shame that you blatantly do the opposite."
Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.
