HOBOKEN RESIDENTS FILE LEGAL CHALLENGE TO GARCIAS CANDIDACY FOR ASSEMBLY (Abernathy, et al. vs. Garcia, et al.

) Statement by the Plaintiffs, April 11, 2013 We bring this action to challenge the candidacy of Carmelo Garcia for State Assembly, based upon multiple legal bars and conflicts of interest. Mr. Garcia is not legally eligible to be a State Assembly candidate because he also serves as the Executive Director of the Hoboken Housing Authority (HHA) and intends to remain in both positions if he is elected to the State Assembly. A regulatory prohibition under state law addressing people who work on federally-funded bodies like the HHA clearly bars Mr. Garcias candidacy. Separatel y, a conflict of interest prohibition under HUD regulations also bars Mr. Garcias holding a legislative office while he is HHA Executive Director. Finally, despite recent amendments to the Hatch Act, the fact remains that Mr. Garcias salary is still paid completely, directly, or indirectly, by federal dollars, making his candidacy void under that federal law. Under clearly-established law and sound public policy, Mr. Garcia cannot be both HHA executive director and a candidate for the Legislature. We are concerned that Mr. Garcia, who will earn $172,500.00 in 2014 as HHAs Executive Director, cannot adequately fulfill his duties to the residents of the Housing Authority as full time Executive Director while also effectively representing the 33rd Districts residents in Trenton as an Assemblyman, where he will earn an additional public salary of $49,000.00. We deserve competent, vigorous and focused representation, not public officials who double-dip, padding their public salaries, pensions and benefits. The law and public policy are clear: Executive Directors of federally funded programs, such as housing authorities, should not be permitted to run for partisan public office because of the inherent conflicts of interest that arise from running a federal program and serving as a partisan elected official. Mr. Garcia should not be permitted to exploit a perceived loophole in the law for his personal and financial gain. We respectfully ask this Court to enter an Order declaring Mr. Garcia ineligible to run for partisan elected office. Sincerely, Jerome Abernathy James Castiglione Avi Ohring Sheilah Scully Vasudev Trivedi Dated: April 11, 2013 Further inquiries may be directed to Flavio L. Komuves, Esq., Tel. 973-623-1822, e: fkomuves@zazzali-law.com, who is the attorney representing the plaintiffs.