Excessive Discipline Protection Database

The current budget for the Hudson County Department of Corrections is in the area of $60 million dollars. The Director of Corrections and the self-proclaimed Deputy Director, Confidential Aide Kirk Eady are responsible for the oversight and appropriation of that budget. Recently, it was announced that Hudson County was going to introduce a tax increase this year. This article will discuss issues as they pertain to the Hudson County Department of Corrections and the fiscal qualifications of Kirk Eady to oversee the budget.

"County officials say rising fuel, pension, health care, and salaries have forced them to increase the amount of money to be raised from local taxpayers in this year’s budget from last year’s $279.7 million to $292.7 million."

RISING FUEL PRICES:

Both Director of Corrections, Oscar Aviles and the "Deputy Director", Confidential Aide Kirk Eady drive County Vehicles which are issued to them to take home. These vehicles are also fueled at the expense of the County. The Director travels back and forth from Ocean County where he resides. Confidential Aide Eady was allegedly living in Union County, although the Union County Sheriff's Department was having a hard time locating him. Both men have 6 digit salaries, the use of a county vehicle and a car stipend.

Oscar Aviles received $129,344.54 in salary, $480 for his cell phone and $3,293.64 for what they call a "Car Fringe".

Kirk Eady received $116, 520.04 in salary, $480 for his cell phone and $4,136.44 for what they call a "Car Fringe".

Is it really necessary for them to take their vehicles home? How did Eady get a larger "Car Fringe" then Aviles who lives in Ocean County? Do they own personal vehicles?

Eady allegedly owns a Mercedes, has anyone seen it? It has been reportedly parked at the jail for years now and was recently sighted in the Prosecutor's Office parking lot. Although we have not been able to confirm that it is the same vehicle, we have confirmed that Eady's registration is suspended.

Eady used 328 hours of sick time in 2010, did he use his County vehicle during those months? Eady has/had a 2nd job at the Newark Airport. How is he getting back and forth to the Airport? Is he using his County vehicle? Or his personal vehicle with the suspended registration? Why is he having financial problems? GMAC has been trying to serve him with a Breach of Contract suit for over a year now. They say he owes them $16,712.79, UNN-L-998-11.

The Union County Sheriff's Department has been to his residence on 8 separate occasions trying to serve him only to be told by a resident that he does not live there. The Post Office says he does. So where does he reside? Where is he parking the County vehicle?

Records from the Registrar's Office indicate that Eady has owned 3 residences over the past 6 years. Two were located in Jersey City and one is located in Union County. Records also show that he had numerous outstanding tax liens on the properties and all were subject to foreclosure.

One of the properties he purchased 11/22/2006 from a subordinate for a whopping $325,000. Eady took 2 mortgages for the row home located on Rutgers Avenue. The subordinate purchased the home 8/10/05 for $180,000. Shortly after Eady made the purchase, he let the home go into foreclosure. Someone pocketed a nice chunk of change. I really need to get the name of that appraiser!

Six months later, on 5/14/07, Eady did the same thing with a second property on Grant Avenue which he took a $320,400 mortgage to purchase then let it go to foreclosure.

Court documents also show a third foreclosure proceeding for Eady in 2009.

And then there is the trip to Rome he took last year.

We all know the well-publicized story over the medical services contract between CHS and CFG. Apparently, when it was all said and done, the Appellate Court left it up to the County to decided which company they would award the contract to and they awarded it to CFG. It just so happens that Eady's girlfriend is one of the top Administrators employed by CFG.

PENSION AND HEALTHCARE

It is a well known fact that the County saved millions of dollars on pensions and healthcare with the new and very controversial legislation enacted by Governor Christie making employee contributions mandatory.

SALARIES

Salaries have not increased in years as the Unions are trying to negotiate their contracts. Hudson County has not settled a Contract in 13 years and always goes to Arbitration.

Hudson County has paid the law firm of Scarinci & Hollenbeck to arbitrate the labor contracts since as far back as 1996 when they arbitrated PBA Local #232, Hudson County Prosecutor's Office Contract, IA-96-178.

Scarinici & Holleneck has been paid $2,327,598.10 between 2003 and 2010 to negotiate these contracts. In 2011 the County awarded them a $330,000 "Fair and Open Professional" no-bid contract and for 2012 the County has awarded another $300,000.00 "Fair and Open Professional"no-bid contract to Scarinci & Hollenbeck for their continued services.

Most recently, the County ran an end game around the Union and made numerous promotions without salary increases. At the same time the County was crying poor to these officers to dupe them into accepting no raise promotions they have been running background checks on an additional 40 candidates who they plan to hire shortly and send to the next Academy class.

Someone told DeGise that the Union agreed to the promotions leading him to make a fool out of himself in the media.

It may be prudent for County Executive DeGise to re-evaluate his selections for the top posts at the jail who are fiscally responsible for a $60 million dollar budget.

Move over Ricky, I hear they need a confidential aide in work release! Hold on to your lunch money!

EdPDLaw Editorial
February 8, 2012

Title Shifting of Kirk Eady

While reviewing title and pension information from Hudson County, it was revealed that Hudson County employee Kirk Eady is using a title that he never held and which is not officially authorized or listed anywhere. According to his employee profile supplied by the County in response to the Open Public Records Act, Eady has held the following titles beginning in 2001:

Lieutenant County Corrections 2001
Captain County Corrections 3/09/02

Deputy Warden Jail 5/20/02 - Temporary Assignment until October 2002

Captain County Corrections 10/19/02 through to 7/22/05

On 07/22/05 he takes a Leave of Absence from his classified position as Captain and on 7/25/05 he is listed as a Confidential Aide. He has subsequently taken a Leave of Absence from his classified position every consecutive year since 2005 and instead is listed as a Confidential Aide, a title he shares with an adminstrative secretary. His position as a Confidential Aide is a civilian position yet he continues to pay into the Police and Fire Retirement Pension System and continues to receive salary increases.

Civil Service Rule 11A:6-1 states:

11A:6-1. Leaves.

11A:6-1. Leaves. The Civil Service Commission shall designate the types of leaves and adopt rules for State employees in the career and senior executive services regarding procedures for sick leave, vacation leave and other designated leaves with or without pay as the Civil Service Commission may designate. Any political subdivision subject to the provisions of this title shall prepare procedures regarding these items.

In all cases, a leave of absence with or without pay shall not exceed a period of one year at any one time unless renewal or extension is granted upon written approval of the commission.

It is unknown if Hudson County obtained written approval from Civil Service for this leave.

Eady also uses the title of "Deputy Director" and conducts investigations, signs documents, policies and all official documents from the Department of Corrections as such. On August 31, 2011, EdPDLaw made an OPRA Request for copies of any resolutions, ordinance or other official documentation authorizing the use of this title. Still unanswered on September 30, 2011, EdPDLaw made a 2nd request for the information which was to be supplied within 7 days. As of this date, the County has not supplied the requested information.

As Eady has been out of law enforcement for over 5 years now, his PTC certificate would have expired making it unclear how he remains in the Police & Fire Pension System.

In addition to the pension issues, there is a question as to the limitations and guidelines that apply to a civilian director in law enforcement. The AG Guidelines have outlined the limitations of a civilian law enforcement director which is summarized in 2007 publication by the New Jersey State Association of Chief of Police. However, the creation of a "Deputy Director" without proper authority only serves to complicate the issue and we will have to wait for clarification from the AG's office on this issue. If the limitations apply to a Confidential Aide/ "Deputy Director", it is clear that Kirk Eady should not be in uniform as seen here in a photo taken in June 2011 when Tish Nalls was sworn in as Captain. There is no question that Director Oscar Aviles should not be in uniform as shown in the same photo. Both men in uniform in front of the County Executive, DeGise. Priceless.

N.J.S.A. 40A:14-152; N.J.S.A. 2C:58-3

A civilian director may not perform police duties including conducting motor vehicle stops, engaging in patrol activities, answering calls for service and stopping or detaining individuals. A "director" may not wear a uniform or badge or carry a firearm, nor may he or she operate a motor vehicle which is equipped as a police car, including police band radios. Likewise, they have no powers of arrest and may not issue firearms permits.