Protest at the LTMUA

The signs were colorful and homemade. The crowd was red hot and determined. It numbered well over 100 people. They had all gathered in front of the Lower Township Municipal Utilities Authority (LTMUA) prior to the regular meeting of the Board of Trustees on Oct. 2. Their collective message was repeated on sign after sign, “Fire Matt Ecker,” “Matt Eckercare, Worse than Obamacare,” “”Fire Ecker The Liar,” and so on. Matt Ecker is the Executive Director of the Lower Township Municipal Utilities Authority.
It all began about a year ago when LTMUA employee Jack Porter, of Green Creek, was fired. He said it was because he “opposed Matt’s (Ecker) program.” Porter felt so strongly that his firing was unjust that he went to the office of the Cape May prosecutor. His was a story of kickbacks involving engineering companies, pipelines, energy companies, installation of new water lines, solar contracts and what he described as “an overall misuse of authority towards employees.”
The prosecutor, Robert Taylor found Porter credible enough to open an investigation (though it is the official policy to “neither confirm nor deny ongoing investigations.”) As part of the investigation the prosecutor’s office issued subpoenas to current LTMUA employees. Don Embs who has worked there for 21 years stated, “This all stems from the issuance of criminal subpoenas. After that, he (Ecker) got nasty. That was the end of July.”
Embs is not the only employee who claims he was targeted. Jesse Matsinger claims that Ecker physically assaulted him, “in front of the time clock.” Matsinger added that he was also verbally berated. During the public comment portion of the board meeting, Matsinger said Ecker had called him “fat, lazy and 25 pounds overweight.” Matsinger then listed all the adverse health consequences he suffered as a result of the incident and ongoing hostility he endured at work.
As a result of this “hostile work environment,” Matsinger, Embs along with Adam Witkowsky, Bill Dunn and Jania Bailey hired Michelle Douglass, an attorney whose firm, Douglass Kinniry, specializes in cases involving civil rights violations and labor issues. Douglass is not from Cape May County, which her clients believe is a plus. “Let’s get the big pink elephant out in the open,” she told board members, Nels Johnson, Chairman, Joseph Mento, Harrison “Pete” Bitting, Thomas Frisoli and Steve Sheftz. The “elephant” Douglass referred to was the ongoing “criminal investigation by the Cape May County prosecutor.” She said that her five clients were considered “good employees until a month ago when they were subpoenaed by the prosecutor.”
In a moment of drama Douglass presented the board members with copies of a tape made by Matsinger on his iPhone. It purported to be a recorded confrontation between Matsinger and Ecker. Douglass repeated what she alleged was on it. Ecker “threatening to discipline, fire and ‘wring the necks of whistleblower employees.’ ” Douglass told the board that her clients wished to avoid further litigation and hoped to resolve the matter. In the alternative, she was prepared to file suit on their behalf. The civil suit would be brought under the New Jersey Conscientious Employee Protection Act. This is commonly called the Whistleblower Protection Act.
The Chair, Nels Johnson acknowledged that Matsinger had filed a complaint and that the board was in the “process of investigating.” When Douglass finished, the audience cheered. While not acknowledging that he was also possibly a target of the probe, Johnson maintained that no wrongdoing had occurred and that he “welcomed an investigation.” In the meantime he was focused on the sewer and water budgets.”
Two of the board’s members appeared to be in the dark on just about everything. Thomas Frisoli complained that he had only “received the agenda today.” He wanted to have the “whole meeting cancelled.” He emphasized how he takes “all my responsibilities seriously to the board and the rate payers.”
Frisoli was joined in his complaint by fellow board member Harrison “Pete” Bitting. Bitting complained that on a recent visit to the MUA building he was locked out by order of the Executive Director. He asked rhetorically, “Who makes policy here?” Then he directed a question specifically to Ecker. “Why, after 12 years am I locked out?” While an explanation was not immediately forthcoming Ecker, in response to a follow up question by resident Tom Will finally answered. He said that the new protocols were in response to security issues. Unauthorized persons were entering the facilities and dumping in the back.
Bitting who noted that he who “signs the checks” as Treasurer, is no longer allowed to speak to employees. Nor are workers allowed to keep their cell phones with them. “What if there is a family emergency?” Bitting asked to silence. He ended by saying “it’s a circus.”
In addition to his question to Ecker, Will, an independent candidate for council from Ward 33, wanted to make sure everyone knew that the board promised there would be “no rate hike.” Steve Sheftz said, “We have the worse budget shortfalls but we won’t raise rates.”
At last, the issue of employee firings came up. “I think we should table the whole thing until we hear from the prosecutor.” Bitting then made a formal motion. “I move that we table the firing of anybody until we hear from the prosecutor.” It passed unanimously. A clapping Tom Frisoli shouted out, “Nobody’s getting fired!” The audience cheered in response.
For his part, Ecker appeared self controlled and tight-lipped during most of the public meeting. Afterwards, sitting next to the board’s Solicitor, Jeffrey Barnes, Ecker said that as far as the prosecutor’s office was concerned, “No one has directly contacted me.” He would not answer any questions about the Matsinger allegations other than to say in employee/management relations “a strained relationship with management is inevitable.”
Ecker also spoke of his performance at the MUA. “I’m proud of the work I have done here,” stating his focus has always been on providing good service to the payer. He has no plans to resign. He believes that he has the “full support of the board.”
Barnes acknowledged that the prosecutor had subpoenaed various documents and that they had complied. Both counsel and the Director were asked if the issue of outsourcing had been broached. Barnes said the board was aware that “outsourcing was an option but it doesn’t mean that it is actively being considered.” All decisions are made with what benefits the rate payer as the main objective, added Barnes.
When the meeting was over, Jack Porter, who now works for himself as an excavator, stood by his truck, a few feet away from the building where just about a year ago he was fired.