FORMER DEPUTY DIRECTOR KIRK EADY HAS EXHAUSTED AND LOST ALL OF HIS APPEALS
Former Deputy Director Kirk Eady has exhausted all of his appeals and lost. He never filed his last appeal to the Supreme Court and is out of time. He did file an appeal with the Pension Board but it was denied in September 2016. He has no appeals pending and will remain in Federal Prison until his sentence is complete in July.
EdPDLaw Editorial
July 11, 2016
FORMER DEPUTY DIRECTOR KIRK EADY'S 2ND APPEAL IS DENIED BY THE THIRD DISTRICT COURT OF APPEALS
After losing his 1st appeal, on June 28, 2016 former Deputy Director Kirk Eady again filed an Appeal "en Banc" with the Third District Court of Appeals. He was seeking to have the entire panel of Judges review his first Appeal instead of the 3 Judges that originally made the review. His request was denied today.
In an 8 page, unanimous decision handed down yesterday by the Third District Court of Appeals, Former Deputy Director Kirk Eady lost all 3 of his arguments for freedom.
In his first argument he argued that the representative from Tapfury who testified about how Eady used the "evil operator" feature of the PrankDial web site to intercept and tape the phone calls of the victims should have been qualified as an expert prior to being permitted to testify. Mr. Saul, an engineer, although not employed by PrankDial at the time, testified in layman's terms, (which did not require that he be deemed an an expert) as to how Eady used the "evil operator" feature to unwillingly tape the victims to gain access privileged Union and personal information. Mr. Saul used documents from Eady's account supplied to him by PrankDial, which were self explanatory. Eady himself boasted to the informant, on tape, which was played at the Trial, as to he how he used the program designed to play pranks on friends in an illegal manner to tape his enemies.
KE: I stepped, yeah I stepped out for a minute. Uhm, cause your shit is on my computer at work. Not my computer at ah, not here I gotta, I gotta download that shit on my motherfucking laptop.
KE: It’s a, it’s a program called Prank Dial.
KE: And they have, and, and it’s another app within a app so, that app that how I make people talk is called uhm, the Evil Operator.
KE: It was meant as a fucking joke but I’m, I used that shit fuckin’ re-, I’ve used that motherfucker as a great resource to fuckin’ record people. Two , two people talking so, you know what I’m saying.
Another argument centered around the definition of the word "party". Eady argued that because he was on the line during the calls, that he was a party to the calls, and therefore could not be charged with wiretapping. Eady took the position that the calls were more of "conference calls" wherein he just listened but did not participate.
The High Court dismissed this notion stating:
As the Court reasoned, it is clear that Congress intended to require actual participation in the conversation at issue to be considered a “party.” (“‘[P]arty’ would mean the person actually participating in the communication.”), and it is also consistent with Congress’s purpose of preventing “an unseen auditor” from intercepting communications.
Lastly, Eady contends that he should not have received a 2-level enhanced penalty for abuse of a position of trust because his position did not contribute in some significant way to the facilitation or concealment of the offense.
The High Court found that he used his position to obtain personal phone numbers, change assignments, sign up one (actually it was two victims) to the KKK.
There was a whole host of other devious, disciplinary measures that Eady took, and could only have taken because of his assignment.
He also repeatedly admits that he made all the recordings from his office during work hours and stored them there fearing his wife would find them at their home. The Union repeatedly grieved his actions and the County, instead of removing Eady from the Union chain-of command, removed Lt. Edwards from the chain and placed Eady directly over the very officers that filed the complaints.
The Higher Court affirmed the judgment, conviction and penalty. 21 months in Federal Prison in Ashland, Kentucky.
It appears to be the end of the road for Eady as it is highly doubtful that the Supreme Court will entertain an appeal from him.
FORMER DEPUTY DIRECTOR KIRK EADY LOSES 10 YEARS OF PENSION SERVICE
On March 14, 2016 Kirk Eady's pension matter was heard by the Pension Bureau:
F-5
Eady, Kirk - Hudson County - 1.) Honorable Service 2.) Service Retirement 3.) Suspension of benefits due to incarceration
On the same date it was determined:
Kirk Eady
Eady, Kirk - Hudson County - 1.) Honorable Service - Partial forfeiture of service and salary from July 25, 2005 until the end of employment applied prospectively (Trustee Loccke recused).
Someone close to the matter has interpreted this to mean:
He will be credited 15 years of Honorable Service which means he will only be eligible to collect 32% of his salary beginning at at age 55. He was born in 1968. A look at Eady's Employee Profile shows that he was made a "Confidential Aid" on July 25, 2005. The Union did question how he was permitted to remain in the Police & Fire Pension System while a civilian holding the title of "Confidential Aid" while calling himself a "Deputy Director". The Pension Bureau only recognized his last law enforcement position of Captain County Corrections.
After Exhausting All his Appeals, Former Deputy Director Kirk Eady Self-Surrendered Yesterday to Begin Serving his 21 Month Sentence - Eady will serve his sentence in a minimum security facility in Kentucky. Please keep his daughter and family in your prayers while he is away.
EdPDLaw Editorial
December 14, 2015
FORMER DEPUTY DIRECTOR KIRK EADY TO REPORT TO JAIL ON OR BEFORE DECEMBER 28, 2015
After being sentenced to 21 months in Federal Prison, Eady immediately appealed the sentence to the 3rd District Court of Appeals. On 12/14/15 Judge Linares denied his motion and Eady is ordered to report to jail on or before 12/28/2015 on or before noon.
TRIAL TRANSCRIPTS OF FORMER DEPUTY DIRECTOR KIRK EADY UNCOVER THE PLAN TO SUE THE UNION AND EDPDLAW FOR $4 MILLION DOLLARS
The Trial Transcripts provided by the Court Reporter uncovered the Plot to sue the Union and EdPDLaw in more detail than was originally reported. On March 11, 2015, a tape was played during Court of Mr. Eady describing a "Plan" that the Director of Corrections came up with. Apparently he spoke to Director Oscar Aviles on August 3, 2012 and they arrived at a Plan wherein they would file a $4 million dollar defamation suit naming the Union, PBA Local # 109 and EdPDLaw.
After the tape was played in open Court, the US Assistant Prosecutor questioned the witness about it. The US Assistant Prosecutor read from the transcript of the tape she just played and questioned the witness about it further:
March 11, 2015 Transcript, Volume 3 at page 46:
(Tape Played)
US Assistant Prosecutor is reading what Eady said on the tape.
.... "I was talking to Oscar this morning."
.... "He just came up, you know, with a brilliant idea."
.... "He's just like all us, you know" names many people "All get together and do a f*cking lawsuit" --I'm sorry--- "an f'g defamation suit against the f'ing union and against f'g EDPD Law." Who said that?
Answer: "Kirk Eady"
US Assistant Prosecutor is reading what Eady said on the tape. ...."He said put like, f'g, you know, like $4 million f'g defamation of character lawsuit against him."
.... "So my purpose, my purpose, I don't care if I win. It's the purpose of the mf'g Union dishing out money."
Witnesses in the Courtroom at the time the tape was played stated that the following Administrators were named:
Sgt. Ricardo Aviles, Director Oscar Aviles, Deputy Director Kirk Eady, Captain Trish Nalls-Castillo, ---------, Sgt. Eric Taylor and someone called Kia which is believed to be Lakia Galliard, Current Acting President of the PBA Union.
During this period of time, around the end of July beginning of August 2012, the PBA President and another Officer filed grievances because the Administration was giving out suspensions for head count violations and Gaillard was used as an example of someone who did not receive discipline, or received less discipline than the other officers. Shortly thereafter she too received a suspension which she blamed on Union Vice President Murray. This leads us to believe the she is the "Kia" that was referred to in open Court.
The Court Transcripts detail the plot to bankrupt the Union by making them spend money on attorney's fees. Eady then was to have a Board Member call for an audit of the books and was going to make an issue of how much money the Union was putting out in attorney's fees.
This Plan which was hatched by Director Aviles in August of 2012 was placed in motion when one of the named officers filed a lawsuit and continues to be the plan of the day with both PBA's calling for subsequent audits.
This revelation creates a conflict of interest for Lakia Gaillard who currently holds dual roles in the Union, she is both the Treasurer and Acting President while Alex Rosario is out on FMLA leave. (The last PBA SOA Treasurer, Noel Conyers, refused to share the books with the Union as he was stealing Union money which totaled almost $75,000). Gaillard is now refusing to share the books as well..............
The County is unable to claim that they knew nothing about what was going on as Eady was doing all his illegal activities while he was at work, from his office:
March 11, 2015 Transcript, Volume 3 at page 76:
US Assistant Prosecutor is reading what Eady said on the tape. ....."Ok, I can't do it from my phone, I have to be in front of my computer."
.....Do you see in the middle of the page where it says:
" I stepped, yeah, I stepped out for a minute, um 'cause the S is on my computer at work. Not my computer, un, not here. I gotta, I gotta download that S on my f'g laptop."
..... "What do you understand the S to be that the defendant was referring to having on his computer at work?"
Answer: "Whatever he needed to - to do the phone call, to record the phone call."
US Assistant Prosecutor is reading what Eady said on the tape.
..... Where did the defendant work at the time of this telephone conversation?
(Copies of the Trial Transcripts are public record and may be obtained by calling Phyllis Lewis at (732) 735-4522.)
So where is the IT person when all this is going on? Who was the IT person? All of this stuff was sitting on Deputy Director Kirk Eady's computer and nobody from IT detected it? He was doing this since 2010. On August 26, 2012 the Plaintiffs in this case informed the County by way of Tort Claim Notice that Eady was taping their phone calls. The County told the Plaintiff's Attorney that the Prosecutor's Office and IT checked Eady's computer and there was nothing on it. The FBI raided Eady's Office on March 10, 2013, 7 months later, and found tapes dating back to 2010.
EdPDLaw Editorial
November 12, 2015
FORMER DEPUTY DIRECTOR KIRK EADY FACED JUDGE LINARES AGAIN TODAY AFTER HIS ATTORNEY FILED A MOTION TO STAY HIS PRISON SENTENCE UNTIL AFTER HIS APPEAL IS DECIDED BY THE 3rd DISTRICT COURT OF APPEALS - NO DECISION WAS MADE TODAY
Former convicted Deputy Director Kirk Eady appeared before Judge Linares today to find out if he would remain free from prison while waiting for his Appeal to be heard. Accompanied by his two brothers, his attorney and Assistant US Attorney, David L. Foster argued their positions today beginning at 1:00. Eady's attorney argued that he did not know what he was doing was against the law but Foster told the Judge that Eady admitted on tape that he knew he needed a warrant to intercept the calls. Eady's attorney also conceded that Eady was retaliating but that it should not be considered criminal. The Judge has reserved his decision stating he will make a decision soon.
After being sentenced to 21 months in Federal Prison, Eady immediately appealed the sentence to the 3rd District Court of Appeals. On 10/30/15 his new attorney, believed to be appointed by the Public Defender's Office filed a Motion in Rem to allow Eady to remain out of prison while his Appeal is pending and to continue his $100,000 unsecured bail. The reasons enumerated in the Motion were mostly legal errors on the part of the Judge to include: Improper Jury Instructions, the qualifications of Todd Saul, a software engineer, to testify, and the 2 step enhancement of his penalty because of his abuse of his position of authority. Eady still continues his "conference call" defense stating that he should be considered a "party" to the calls he intercepted even though no one knew he was on the calls and no permission was obtained from any party who actually participated in the call for him to listen in.
Eady's Motion further claimed that he is not a danger to anyone, will not flee, and should be permitted to remain out on bail. It also states that he has complied with all the conditions imposed as a result of his arrest and showed up at all Court appearances despite facing 45 years in prison as punishment for his crimes. (It is believed that his public defender assessed a 5 year prison sentence for each of the eight calls intercepted to come up with "45 years").
The sentencing enhancement addressed his abusing his position as Deputy Director of Corrections to falsely discipline plaintiffs and his abolishing PBA Release Time in an effort to destroy the Union and make the Union President unassessible to the Union Members. Click here to read the Motion.
On November 6, 2015, Assistant US Attorney, David L. Foster filed an Opposition to Eady's Motion stating that the Trial was conducted properly and reminding the Court that Eady has not proven that he is not a danger to the community. In his opposition he states: Click here to obtain the Opposition.
2. Defendant Eady Has Failed to Prove by Clear and Convincing Evidence that he is not Likely to Pose a Danger to the Safety of Any Other Person or the Community
In the Presentence Report provided to the Court prior to defendant Eady’s sentencing, several victims, and family members of victims, provided statements detailing the lasting detrimental effects of defendant Eady’s actions on their lives. All of the parties to this case are familiar with those statements, which can be summarized as a pervasive fear that at any time defendant Eady will use whatever means necessary to harass, annoy and ruin the victims’ professional, as well as, personal lives. Moreover, defendant Eady’s basic conduct during the offense displayed a complete disregard for the personal privacy of his victims, whether it was: (1) signing Murray up for the KKK without his permission; (2) obtaining the personal telephone number of the victims and using it to harass them at home; or (3) divulging Omar Ortiz’s sensitive medical history to his peers, defendant Eady’s criminal acts and improper conduct were so pervasive and relentless that to view him as anything other than a continued threat to these victims would be incorrect.
Apparently Eady shared the contents of the Victim's Impact Statements with C/O Anthony Smith who then confronted one of the victims about its contents. Moreover, Eady shared the identity of the informant with C/O Anthony Smith before the Trial and C/O Smith announced to the entire jail her identity in hopes of intimidating her not to testify against him at the Trial. The week prior to the Trial, the County served the victims with a law suit in an attempt to intimidate them not to testify at his Trial. Finally, provisional Deputy Director Trish Nalls-Castillo attended the Trial in support of Eady on the County's time, was paid for the week by the County and used a County vehicle to be chauffeured, by a corrections officer, back and forth to the Courthouse each and everyday of the week long Trial.
In and about September 21, 2015, C/O Anthony Smith, after somehow getting appointed to the Union Executive Board, sent out a text to only the African-American members of the Executive Board urging them to do something for the 2 African-American supervisors who have already been convicted - Kirk Eady and Noel Conyers (currently serving a jail sentence for stealing nearly $75,000 from the Union while in the position of Treasurer) and Trish Nalls-Castillo currently appointed and unqualified for the position of Director of Corrections, also African-American.
"This is for my union board, what's the hold up my people, we have Nalls being trashed all over the place along with officer ----- and a response hasn't been replied yet, not in her office that easy, at that freeholder board is where it's count, some of us want that individual shine, so here you go the floor is yours, or you want someone else to do it, but before you talk shit on me the feds knock on my door that why I'm quite, but for Nalls I would take the floor, she help me personally, and now others I see, so what the hold up, and I stay in contact with Conyers and eady because I consider them friends, our objective should be a better contract. Discipline, and unity, the LT and sergeant union is better than ours, how can we stand up to them, and our union like this, we are not moving forward at all, I'm in my blunt mood so any questions come see me directly. Please before you come to me watch your words 100% alpha male, what big cous would say no bitchassness"
Most recently, on November 2, 2015, EdPDLaw was notified by a reporter for the BBC (British Broadcast Company) that her email appeared on the list released by a group named "Anonymous" who claimed to have hacked the KKK's twitter account and released all the members. This prompted a search of EdPDLaw's emails and a letter was found in the spam folder dated June 18, 2013 welcoming EdPDLaw to the KKK. EdPDLaw was forced to place a disclaimer on her web site as thousands of people visited her Contact Page. Click to see email.
Multiple news agencies in Europe covered the event including Gizmodo:
Both of these action have caused Plaintiff's to Amend their law suit against the County to name Trish Nalls-Castillo and to add a Count of discrimination as only the Caucasian Plaintiff's were signed up to the KKK by Eady.
COUNT FIFTEEN VIOLATION OF N.J.L.A.D. AND TITLE VII
Plaintiffs hereby incorporate by reference all of the allegations set forth above as though fully set forth below and plead in addition to or in the alternative:
177. Plaintiffs Murray and Aiken are caucasion/white.
178. Defendant Eady is African American/black
179. The vast majority of the inmate population and serving as correction officers at the Hudson County Jail are African American/black. Case 2:14-cv-00811-WJM-MF Document 37-1 Filed 11/11/15 Page 21 of 23 PageID: 130 22
180. Defendant Eady had orchestrated, aided and abetted the submission of Murray’s and Aiken’s names to the KKK for admission, and correspondence/information from the KKK in response were sent to Murray and Aiken at the Hudson County Jail for the purposes of portraying them out to be racists, thus placing them in a negative light, and exposing them to both personal and professional danger.
181. The Defendants are employers under law.
182. The actions of Eady were in violation of Federal and State laws barring racial discrimination and harassment in the workplace.
183. As a result of this conduct, the Plaintiffs have suffered emotional distress, have been humiliated, some have suffered financially, and were otherwise damaged. The Plaintiffs and their families were subjected to retaliation from the Defendants by, among other things, and without limitation, facing unwarranted discipline, threats of violence, being overlooked for promotion, harassment, and intimidation.
WHEREFORE, Plaintiffs seek a Judgment against Defendants, jointly and severally, for compensatory and punitive damages, attorneys fees and costs of suit, as well as any other remedy due them under the Law.
Plaintiff's have moved to Amend their Civil Suit against Eady and have named provisional Director Trish Nalls-Castillo for conspiring with Eady to terminate Plaintiff, Lt. Omar Ortiz. Check back frequently, we will post Linare's decision when we receive it.
EdPDLaw
October 13, 2015
EADY'S REFERENCE TO REDUCE HIS SENTENCE HAS QUESTIONABLE PAST REFERRING TO THE POPE AS THE "ANTI-CHRIST"
After obtaining and reading the transcript from the Sentencing of former Deputy Director Kirk Eady, it was brought to my attention that Eady used his "free time" to donate and participate in the "More than a Race" foundation headed by Mohammad Akil who apparently wrote a recommendation for Eady stating that he has been more than generous with his time over the past 15 years.
Eady's attorney, Peter Willis told Judge Lenares:
"He ran the Scared Straight Program known as More Than a Race at the Hudson County Jail on his own time, on his own time. This program enlightened many youths on how to become employed with the Department of Corrections and help troubled youths to reenter society. This was not part of his pay. This was on his own time."
Transcript atPage 52, line 22
"According to Mr. Mohammad Akil, who has known the defendant, and according to Joe Bacchio, an attorney who has known him, he has been very generous with his time over 15 years, plus years directing troubled teens into a positive path, many of whom have no fathers."
It was also brought to my attention that on October 8, 2014, the Hudson County View ran a story on Mohammad Akil titled "90's Hate Speech, Business & Non-profit, of Mohammad Akil Raises Questions." In this very disturbing article, which can be seen in its entirety by clicking here the writer describes 2 articles, "one previewing a lecture and another covering it detailing Mohammad Akil of Lost Link Enterprises spewing a homophobic slur multiple times, including one directed at Jesus Christ while labeling the pope the anti-Christ and "arch-devil" and declaring that "that all people have a little Hitler in them."
According to a 1992 article in The Lima News, Muhammad Luster, a recent graduate of Lima High School, and black cultural leader at Bowling Green State University, speaking in regards to race riots sparked by the acquittal of police officers involved in the beating of Rodney King, said:
"You see those fires go up in Los Angels and Lima, according to the newspaper, and across the nation, it's a beautiful thing,"
"Now they see we're not talking about turning the other cheek. We're talking about an EYE FOR EYE, a head for a head, and a life for a life."
Curiously, when Eady was sentenced he said on 2 ocassions "an EYE FOR AN EYE, makes the whole world blind". Which really made no sense at the time and caught everyone off guard.
Mohammed Akil founded the non-profit "More Than a Race" which collected donations for months after the IRS has revoked its non-profit status.
View information on "More Than a Race" by clicking here.
View the Thank you letter dated after the revocation by clicking here.
Eady is not the only one who is affiliated with "More Than a Race", apparently according to Kalimah Ahmed's Facebook page, she also boasts volunteering time for the "cause". Kalimah was hired by Eady.
Candidate Profile: Kalimah Ahmad
"In July 2010 she volunteered and joined efforts with the organization “More Than A Race” and raised funds to send 60 inner-city, at-risk youth on a 3-day camping retreat at Camp Linwood-McDonald located near the Delaware Water Gap."
Every member of Hudson County PBA 109 is urged to read the Hudson County View article.
INFORMATION RELEASED AT DEPUTY DIRECTOR KIRK EADY'S SENTENCING ON SEPTEMBER 10, 2015
I have been holding off on commenting because I could not think of anything to say. I have realized that there were no winners in this situation. A man has lost his job, his pension and will spend time in Federal Jail away from his family. The Union is no better off than it was prior to his arrest as he has been replaced by his twin sister.
The 4 victims lost as well, having to retire or go out on disability.
The Federal Prosecutor exposed the "Plan" which was actually formulated by then Director Oscar Aviles to have Officer ---- file suit against the Union and EdPDLaw in an attempt to bankrupt the Union. The sad part is that ----- is a current member of the Union and was given a year off with pay allegedly in return for her cooperation. She returned to work and immediately filed suit against the County who immediately third partied in the Union and EdPDLaw. They would then have Union Board members question why the Union was using so many lawyers and call for an audit of the Union books which turned into the "white out" caper. This was the "Plan" that was hatched by Director Oscar Aviles, Deputy Director Kirk Eady, Captain Tish Nalls-Castillo and Officer ----- in 2012 and has been currently set in motion.
Also disclosed was that former Deputy Director Kirk Eady signed up EdPDLaw and VP Murray for the KKK, not once but twice requesting that mail be sent to him at the jail.Click here to view email.
After the raid on his office he threatened to kill Union President Ocasio.
They purposely waited for an Arbitration Award to come down prior to assigning Union President Ocasio to a post and revoking his release time so the Union would not be able to negotiate the move in its Contract.
During the raid a picture was found of EdPDLaw on Eady's computer with a vulgar comment under it.
Eady hatched a "Plan" to get PBA Superior Officer President, Omar Ortiz, which he planned to have carried out, and was carried out by then Captain Tish Nalls. Click here to read a page of the transcript.
Eady had contacts in the Personnel Department that he would use to get the phone numbers of officer's "spouses" (including Omar's) that were listed as emergency contacts. He subsequently used this information to contact several officers' wives and told them that their husbands were having extra marital affairs. Click here to view transcript page.
Eady asked a civilian to go in front of the Freeholders and tell them that the victims were "racists".
Lastly, Eady was trying to tell the Judge that the 4 victims were racists and targeted him but it was brought to light that their were stories about others of all races that predated his story.
The Federal Prosecutor told the Judge that he offered Eady a deal of probation, if he agreed to retire from his position and walk away. Eady refused the deal on multiple occasions.
Not one Union Executive Board Member showed up at sentencing to show their support for the previous Union Board.
There needs to be a complete cleaning of house in the Upper Management of Hudson County, it is a shame that the filing of grievances (which is one of the main task and responsibility of the Union) has led to this outcome. If the Hudson County Legal Department together with the Prosecutor's Office is unable to resolve the corruption in the Corrections Department, then hopefully the Feds or the State will come in and do it for them.
EdPDLaw would like to the the FBI for their hard work on this case.
EADY'S MOTION FOR ACQUITTAL FILED SHORTLY AFTER HE WAS FOUND GUILTY BY A JURY TRIAL HAS BEEN DENIED
In a 7 page Decision issued yesterday by Judge Jose L. Linares, Eady's request to have his guilty verdict vacated has been denied. Eady's motion was premised on the fact that he was a "party" to the calls even though he never said a word or let the other parties let him know that he was listening. Click here for Decision. Click here for Order.
New Date - Eady will be sentenced on September 10, 2015 at 11:00 a.m.
I have also heard back from the Pension Bureau who lists Eady as presently employed by the County. Click for Pension Info.
Tissue Tish?
EdPDLaw Editorial
April 7, 2015
HUDSON COUNTY COVERS FOR EADY AS THEY ATTEMPT TO DOCTOR HIS EMPLOYEE PROFILE AND HELP HIM TO RETIRE
Checking up on Hudson County has become a full time job as they can't keep their stories or their records straight. In 2009 EdPDLaw during its pension investigation collected by OPRA request the Employee Profile for Kirk Eady.
A look at the Profile is how we learned that "Captain" Kirk Eady was in fact made a confidential aid in 2005 and had taken a leave of absence each and every year since then while calling himself "Deputy Director" and listing himself as a "Confidential Aid", a title he shared with a secretary. Click her to view the 2009 Employee Profile supplied by the Departmental of Personnel.
Last week, unable to figure out how after being found guilty of federal wiretapping in a jury trial, he still was not terminated. So once again, EdPDLaw put in an OPRA request to the County Personnel Department, Civil Service and the Pension Board to get a straight answer as to what his status is.
The Hudson County Department of Personnel Employee Profile has completely changed. It now lists him as "Retired" as a Captain and the 10 years of Leave of Absences have mysteriously disappeared. This of course explains the discrepancies in the pay stubs offered by the County to be his and which were to have ended in February of 2014. Click here to view Hudson County'as 2014 Employee Profile.
MANY DISTURBING THINGS WERE REVEALED AT THE TRIAL OF KIRK EADY INCLUDING THE DELIBERATE FABRICATION OF DISCIPLINE AGAINST LT. OMAR ORTIZ WHO HAS BEEN WITHOUT INCOME FOR 20 MONTHS NOW
Former PBA Superior Officer President, Omar Ortiz was brought up on charges in June of 2013 for leaving the building for a family emergency. Something many officers do regularly without repercussions. Since being charged 20 months ago, Ortiz has had no due process whatsoever. Civil Service clearly states that any suspension is not to extend beyond 6 months:
4A:2-2.4 Limitations on suspensions and fines
No suspension or fine shall exceed six months except for suspensions pending criminal complaint or indictment. See N.J.A.C. 4A:2-2.7.
This case did not involve a pending criminal complaint of indictment. Therefore, Lt. Ortiz should have been placed back on the payroll on December 28, 2013.
Lt. Ortiz never received an hearing as requested which was to be held within 30 days.
4A:2-2.5 Opportunity for hearing before the appointing authority
(d) A departmental hearing, if requested, shall be held within 30 days of the Preliminary Notice of Disciplinary Action unless waived by the employee or a later date as agreed to by the parties. See N.J.A.C. 4A:2-2.13 for hearings regarding removal appeals by certain law enforcement officers and firefighters.
Lt. Omar Ortiz has maintained all along that then Deputy Director Kirk Eady and Tish Nalls-Castillo conspired to fabricated charges against him in retaliation for his Protected Union Activity. Unfortunately, with the pending Trial against Kirk Eady, Ortiz could not use the evidence to prove his position until now.
Listen to the Conspiracy
ANOTHER REVELATION WAS DEPUTY DIRECTOR KIRK EADY'S EXTREME HATRED OF THE UNIONS AND HIS PLOT TO PUT THE PBA PRESIDENT IN UNIFORM AT THE FRONT DOOR IN AT ATTEMPT TO BREAK THE UNION
Listen to the Conspiracy
THE TRIAL WAS LADEN WITH CURSES AND DEROGATORY SLURS BY DEPUTY DIRECTOR KIRK EADY WHO REPEATEDLY USED THE WORD "NIGGA" IN ALMOST EVERY SENTENCE AND REFERRED TO A CIVILIAN EMPLOYEE AS "NIGGER BITCHES (LAUGHING AND STATING "I SAID WE GOT OUR BAN BITCH ASS NIGGERS"
This came from the previous Deputy Director who accused EdPDLaw of being a racist while trying to get rid of her. The Acting VP of the Union was signed up, without his knowledge to the KKK. And all the while, Acting Deputy Director Tish Nalls was listening to this and supporting Kirk Eady. Acting Deputy Director Tish Nalls Castillo sued the County for being racist. Fired a white Sgt. falsely accusing him of being racist and most recently suspended an officer for 6 months for using the word "Nigga".
There needs to be immediate disciplinary action taken against Tish Nalls Castillo, if not, the County condones her behavior.
Disclaimer: The use of foul language is quoted from Former Deputy Director Kirk Eady, EdPDLaw finds this language vulgar and inexcusable.
SELF PROCLAIMED DEPUTY DIRECTOR/CONFIDENTIAL AID KIRK EADY WAS FOUND GUILTY
OF ILLEGAL WIRETAPPING IN THE UNITED STATES DISTRICT COURT TODAY
After a week long trial in District Court which began on March 9, 2015, on Friday, March 13, 2015, a Jury of 12 found the "Deputy Director" guilty of wiretapping four victims, Former PBA President Luis Ocasio, Former Superior Officer's President Omar Ortiz, Acting President Daniel Murray and EdPDLaw President Patricia Aiken. In total, the FBI had over 50 tapes in which the "Deputy Director" explained his and the County's strategy for dealing with the Union and EdPDLaw.
That strategy explained in detail that one of the phases involved the immediate revocation of the PBA President's release time which would nearly eliminate his membership's access to him and grind the PBA Membership's Rights guaranteed under our NLRB Labor Relations Board to a complete halt. Moreover, many other "plans" were disclosed, including a plan concocted by Oscar Aviles, Kirk Eady, Tish Nalls, and ---- to sue EdPDLaw and the Union for defamation. The plan was concocted years ago, expressed by County Counsel who threatened to "bankrupt the Union" before they would comply with state labor laws. This is very well documented, and the "Complaint" wink, wink, was received by EdPDLaw last Monday, together with ridiculous phone calls from Eady supporters in an attempt to intimidate EdPDLaw.
Other revelations included the plot between "Confidential Aid" Eady and the "Acting Confidential Aid" Tish Nalls, to get rid of Former PBA President Omar Ortiz, by barraging him with false discipline.
On a side note - "Acting Deputy Director Tish Nalls" was at the hearing, while on County time, transported by County employees and heard the tape recordings evidencing RACISM by "Confidential Aid/Deputy Director" Kirk Eady. Instead of being appalled by the contents of the recordings, she broke down in tears after the verdict and spent the trial comforting Kirk Eady's wife? This is the same woman that disciplined one of 109 members for using the EXACT same language as Kirk Eady, terminated him and then allowed his return to duty after accepting a 6 month suspension.
Most alarming, prior Grievance Committee Chairman/Acting PBA President produced emails from the KKK showing that someone from the jail signed him up as a member. A clear act to cause physical harm to him and his family.
The sad part is that the Union grieved "Deputy Director" Kirk Eady's behavior on numerous occasions to the Administration and Freeholders requesting that he be subject to a Fitness for Duty Exam as he was clearly acting bizarre. Not only did Director Oscar Aviles refuse to send him for the exam, but he removed the previously superior officer from overseeing then PBA President Luis Ocasio and placed Eady directly over Ocasio. Eady freely admits in the tapes that he moved Ocasio and placed him back in uniform simply because "he can".
EdPDlaw recognizes and appreciates the help of the FBI and AG's Office regarding this matter.
DEPUTY DIRECTOR KIRK EADY SUED OVER FEDERAL WIRETAPPING CHARGES
All the disciplinary actions, contract negotiations and grievance procedures have been tainted from at least 2010 until January 14, 2014 when Eady was finally arrested.
On February 7, 2014, the four victims of Kirk Eady’s illegal wiretap filed suit in the US District Court naming Eady personally and in his capacity as Confidential Aid/Deputy Director, Director of Corrections Oscar Aviles, County Executive Thomas DeGise, the Hudson County Department of Corrections and Hudson County. The 12 count Complaint, filed by their attorney, James P. Grimley, Esquire of Atlantic City alleges violations of both federal and state wiretapping statutes together with both Negligent and Intentional Infliction of Emotional Distress; Negligence and Failure to Properly Promote, Train and Supervise; Invasion of Privacy; Interference with Contract, and LAD Retaliation.
The Plaintiffs, Patricia Aiken, President of EdPDLaw, PBA President Luis Ocasio, Grievance Committee Chairman Daniel Murray, and SOA President Omar Ortiz detail a steady pattern of escalating harassment culminating in the bizarre and dangerous behavior of Eady which was repeatedly grieved, condoned and ignored over a two year period from 2010 to 2012.
Grimley released the following Statement: "My clients hope that this lawsuit will shed light on what is and was occurring at the HCDOC, and serve as a lighteneing rod for change. These 4 individuals worked zealously and unselfishly to assist Union members who were facing discipline to ensure that those officers received fair and impartial treatment. The conduct of the second highest ranking officer at the HCDOC, who oversaw officer discipline, in using County computers, on County time, to access a website known as "Evil Operator" to record sensitive and sometimes confidential communications regarding officer discipline cases, union business/contract negotiations, or for that matter, listening to "personal" communications is appalling. The entire system, and the integrity it was to convey, has been compromised."
Over this period of time and continuing up until his arrest on January 15, 2014, Eady blatantly retaliated against the Union for filing grievances.His behavior became increasingly hostile and bizarre.The Union repeatedly brought his behavior to the attention of the Director, Freeholders and County Counsel, by way of grievances, demanding that he be sent for a Fitness for Duty Exam and be relieved from his duties until he was cleared by a doctor.The County refused to take any corrective action against Eady and instead permitted him to remain in a supervisory position over the Union Presidents and Grievance Committee Chairman.Eady repeatedly denied Union Release time in an attempt to crush the Union.He assigned the Plaintiffs to the least desirable posts and fabricated false discipline against each and every one of them soliciting his supervisory “supporters” to do his dirty work.
In one instance, on March 16, 2012, the Director was questioned about Eady’s authority to impose discipline because the policy only conferred authority to the Director. Director Aviles immediately changed the policy to confer disciplinary authority to Eady.
Eady was frequently overheard threatening the Plaintiffs and in an exchange on his Facebook page with Hudson County Hearing Officer Howard Moore, posted that he was just waiting for the right opportunity to strike.
The Plaintiff’s received harassing phone calls for days on end that were later discovered to have been placed by Eady who disguised his voice to sound like a woman.Other Board members received harassing phone calls as well.Among other things, Eady planned to send white powder through the mail to Aiken and to call Murray’s wife to tell her that he was cheating on her (which he was not).Eady had previously told Ortiz’ wife that he was cheating on her and more recently boasted how he had Nalls target Ortiz for disciplinary action.He threatened to have Ocasio, Murray and Ortiz jumped and physically assaulted, and had “supporters” (officers) lined up to do it, all he had to do was “give the word”.He adamantly demanded that the Union get rid of EdPDLaw.
So desperate was Eady to be rid of EdPDLaw and crush the Union that he started spreading false rumors that EdPDLaw and Murray were racists in hopes of gaining sympathy from the black officers.He then started playing the illegal recordings to members in June of 2012, just prior to the Union vote in hopes of getting the members to vote against renewing EdPDLaw’s contract.However, his efforts failed and EdPDLaw was once again voted in and renewed its 2-year contract.Consequently, during his campaign, Eady revealed that he was illegally intercepting phone calls between Union Officials and EdPDLaw which was reported to the FBI.
Eady’s goal was to gain control of the Union.If he could not control the Union, he would destroy it. He bragged that he had past President James in his pocket and his plan was to get James re-elected so he would have control of the Union.When PBA President Ocasio went out on stress leave, Eady fell into luck as he also had the ear of the Vice President, one of his strong “supporters”, and had him do his dirty work by terminating EdPDLaw’s Contract, 21 months early, without a vote, in Breach of the Contract and Union Bylaws.
The Plaintiffs contend that Eady was never qualified to be the Deputy Director as in 2006 when he took the civil service test for Deputy Warden he failed.Director Aviles, then determined to make Eady 2nd in command, with the assistance of someone in personnel and blessing of DeGise, refused to hire any of the qualified candidates that passed the test and instead trumped up false discipline against them thus disqualifying them from the promotion.Instead of calling for another test, apparently convinced that Eady would never pass the test, they created a civilian position of “Confidential Aid” which did not require testing, appointed Eady to the position, and announced that he was the “Deputy Director”. They also permitted him to stay in the Police and Fire Pension System even though he was holding a civilian title.
Eady has been suspended without pay and is waiting a trial date.
He is charged with:
Conduct Unbecoming, Insubordination, Misuse of Public Property and Neglect of Duty
He was suspended without pay to maintain the safety, health and order or effective direction of public services and because he was charged with a crime of the third degree.
It is highly doubtful that Ocasio, Ortiz, Murray and Aiken are the only ones who had their calls intercepted over the two year period between 2010 and 2012.It is also highly unlikely that Eady was the only one intercepting phone calls.
All the disciplinary actions, contract negotiations and grievance procedures have been tainted from at least 2010 until January 14, 2014 when Eady was finally arrested.
EdPDLaw released the following statement:
“Hudson County PBA are fortunate to have officers with integrity in executive positions of the Union. Officers who will not be intimidated with threats; who will not sell out for a better post assignment, permission to leave the building or additional overtime; officers who will not bend when charged with fabricated discipline, that will always render assistance and and come to the aid of each and every member. These officers put the interest of the entire membership, above their own.”
Grievance Committee Chairman Daniel Murray released the following statement:
“This is the perfect example of corruption and abuse of power. After reading the criminal complaint, it appears that this behavior may have begun before the current Board took office. It is disgusting that the powers to be allowed this person and his cronies to invade our private lives and that of our familes."
SOA PBA President Ortiz released the following statement:
“As a former soldier for the Country, I am sickened that this County has allowed this adminisration to conspire to attack both my family and I in such a personal and intrusive way."
PBA President Ocasio declined to comment.
EdPDLaw Editorial
January 15, 2013
DEPUTY DIRECTOR KIRK EADY SURRENDERS TO FEDS ON FEDERAL WIRETAPPING CHARGES
The Federal Prosecutor announced this morning that formal charges have been filed against Deputy Director Kirk Eady for violations of the Federal Wiretapping Statute, U.S. Code 2511, which carries a maximum 5 year penalty and $250,000.00 fine. Bail was set at $100,000.00 unsecured and Eady was released to his wife Sandra.
EdPDlaw's Statement: Kirk Eady has abused his power and ruled with intimidation and retaliation for years hurting correction officers. It is a good day for PBA Local 109 and those brave enough to stand up for their member's rights.
This morning, at approximately 6:55 a.m., the FBI and members of the US Marshall's service raided the Hudson County Jail, specifically targeting "Deputy Director" Kirk Eady. Due to obvious circumstances, and an on-going investigation, EdPDLaw is limited in what can be released. Obviously, those who have reviewed the web site are up to date on current events with Hudson County.
EdPDLaw and members of PBA Local 109 and the Superior Officers 109A did file a tort claims notice on August 26, 2012 which informed the Hudson County Administration of events that were occurring. This Tort Claim Notice is public information. The pertinent part of the notice read:
"On May 17th 2012, Patricia Aiken received a harassing email from “Jane Doe” stating that she was fired.On the evening of May 17th, 2012, Patricia Aiken had a conversation with Lt. Omar Ortiz, President of PBA Local 109A, about the email.
Within a couple weeks of having this conversation, Confidential Aide Kirk Eady played the conversation to a Hudson County employee.Confidential Aide Kirk Eady was not a party to the conversation.It has been subsequently learned that Confidential Aide Kirk Eady has illegally intercepted numerous phone calls between Patricia Aiken, PBA President Luis Ocasio, Grievance Committee Chairman, Daniel Murray and Lt. Omar Ortiz and has been playing the recordings to Hudson County employees over the past 3 months.
Confidential Aide Kirk Eady has no legal authority to intercept these phone calls let alone to then replay the conversations to other employees.
Ms. Aiken is the President and owner of EdPDLaw, a law enforcement consulting firm for Unions.Ms. Aiken has numerous telephone conversations with law enforcement officers throughout the State of New Jersey and New York.She also has frequent conversations with attorneys.These calls are protected and proprietary.
PBA President Luis Ocasio uses his phones to conduct Union Business.His phone calls are frequently with members who are in trouble and have been brought up on charges by Confidential Aide Kirk Eady.He frequently speaks with attorneys about the defense of the members.In fact, over the past year he has used his cell phone to discuss contract negotiations, Unfair Labor Practices and grievance.These phone calls are protected and privileged.
Grievance Committee Chairman, Daniel Murray uses his phones to discuss Union business, to include writing grievances and contract negotiations.These phone calls are protected and privileged.
Superior Officers Union President, Omar Ortiz uses his phone to conduct Union business on behalf of the Superior Officers, frequently speaks with attorneys and has used his phone to negotiate this past contract.These phone calls are protected and privileged.
Wherefore, all four previously named individuals demand that the County of Hudson produce its legal authority for Confidential Aide Kirk Eady to intercept their telephonic and electronic communications or in the alternative that Confidential Aide Kirk Eady be ordered to Cease & Desist the illegal intercepts, that his access to the Global Tel Link phone equipment be immediately revoked and that all evidence of the illegal interception be preserved for use in court and turned over to plaintiff’s attorney for use in both criminal and civil actions against the County of Hudson and Confidential Aide Kirk Eady.
Also, at this time, it is believed that Confidential Aide Kirk Eady is also illegally intercepting the parties emails as he has produced documents to employees which he should not have in his possession.The parties demand that the County of Hudson produce its legal authority for Confidential Aide Kirk Eady to intercept their emails and electronic communications or in the alternative that Confidential Aide Kirk Eady immediately Cease& Desist the illegal intercept.
Confidential Aide Kirk Eady has used both Director Aviles’ computer and the computer of Lt. Ron Edwards to conduct the illegal intercept and to draw attention away from himself.He plays the illegally intercepted communications from his cell phone to other employees.
As per N.J.S.A. 59:1-1 et seq., please be avised that all four parties mentioned above intend to file legal action against the County of Hudson and Deputy Director Kirk Eady."
At that time EdPDlaw also filed a formal complaint with the FBI. It is unkown at this time, which of any of the issues previously raised on this web site contributed to the FBI raid this morning.
It is unfortunate that Deputy Director Eady has placed himself in this position. EdPDLaw is concerned that there are members of the rank and file union that will be harmed by his actions and asks that the Union support those members and not hold them accountable for Director Eady's actions, or their misguided loyalty to him.
Congratulations to Kirk Eady on his honorable mention in the Political Insider on February 23, 2013:
by: Agustin C. Torres/The Jersey Journal
"I see that Groupon is offering a 52 percent discount on murder mystery dinner tickets at Terry Dehere's Sanai restaurant on Jersey City's Summit Avenue. I thought there already was a big mystery when two corrections officers were shot, one killed, outside the eatery, which was known in 2006 as the Blue Ribbon. My sources say the mystery was the identity of the corrections officer who left the scene of the murder and then quickly returned after realizing that he made a big mistake. Oh wait, was that ever reported?"
** MANDATORY REFUSAL SCAM ** ATTENTION ALL COUNTIES
EdPDLaw Editorial
August 1, 2012
EADY FABRICATES MANDATORY THEN DISCIPLINES THE PBA PRESIDENT WITH REFUSAL
In his latest BIZARRE move, on Thursday, July 26th, 2012, the first day President Ocasio was assigned to work in receiving, Eady ordered him held over for mandatory. President Ocasio explained to his immediate supervisor, another Eady crony, that he had to leave to attend a meeting on Union Business. At first he was excused, but within minutes the Supervisor informed Ocasio that when he told Eady, Eady said absolutely not, hold him for mandatory!
Yesterday Ocasio received a written warning for the refusal - the only problem is:
NOT ONE OFFICER WAS HELD OVER FOR MANDATORY ON JULY 26, 2012
So this is the scam. All officers that have been charged with refusal in the past should contact a Union Representative. All officers that are held over in the future should verify that there is in fact mandatory.
As one of the highest members of the Administration, Eady’s use of threats, intimidation and retaliation have set an unwritten policy for the supervisory personnel of Hudson County who frequently charge and discipline our membership without cause. This causes the County to incur exorbitant and unnecessary legal fees.
Confidential Aide Kirk Eady is having a well-documented and public melt down which was first reported to Hudson County Administration on March 1, 2012, nearly 5 months ago. While most officials attempt to be clever in their retaliatory actions, knowing that its illegal and could costs taxpayers a lot of money, Eady has come right out and announced that he is retaliating against the Union with no fear of reprisals from the County.
The brazen, bizarre and alarming behavior began on February 16, 2012 when Eady issued a Memorandum banning food and liquids from being brought into the facility. When it was pointed out to him that he cannot deny officers the ability to bring bottled water into the facility, he responded by telling Union Officials that if they need water they can drink from the bathroom sinks. At the same time he also authorized a Family Fun Day for 85 Maximum Security Inmates posing an extreme security risk to the facility and all those in attendance at the event.
When asked for the reasoning of his action he brazenly admitted to a room full of witnesses: “I had to take this action because people like to send anonymous letters to the Freeholders, and I had to have 3 officers interviewed by IA”.
On March 1, 2012, the Union filed a formal grievance through the Safety Committee Chairman, Kevin Dille enumerating Eady's actions.
Despite Eady boldy admitting that he was retaliating against officers and the safety concerns surrounding the Family Fun Day event, no corrective or disciplinary action was taken against Eady by the Administration and the Family Fun Day was held as scheduled.
Shortly thereafter, at a Freeholders Meeting, it was revealed that Eady had an outstanding warrant from Jersey City. This was also taken care of with no repercussions.
On May 15, 2012, an email was received by numerous PBA Members and EdPDLaw from someone identifying themselves as Agnes Moore. The email read:
Luis Ocasio,
Recently I attended an event where Kirk Eady was present. At this meeting Mr. Eady was having a discussion with others unknown to me about several members of the PBA. He expressed how much hatred he has for these officers and what he was going to expose them to in the near future starting by implementing new rules threw out the jail starting with placing civilian employees in the main control rooms even if officers got hurt, all just to get back at these officers. He also said that when they were no longer part of the union, they were going to be placed in the worst posts threw out the jail and they were marked for the rest of their careers and the first chance he got he will put them all out on the street and let them fight for their jobs back just like director Aviles did to Waiters (Patricia Waiters) and Prins (Sgt. Michael Prins). He talked about a medical issue of a Lieutenant Ortiz assigned to the night shift and how he recently used a Captain to set him up. What shocked me the most was that one day I went on facebook and he had publicly made the same comments to hearing officer Howard Moore. (in Facebook). This type of behavior should not be tolerated from a person who is suppose to be in charge of running the facility. I have read the EDPDLAW website, he kept saying they are gonna be sorry if he has to do the last 7 years over again in his pension.
This email contained a link to this EdPDLaw web page and a copy of Eady's Facebook postings made between Eady and Howard Moore, another Hudson County Employee who frequently acts as a Hearing Officer in disciplinary matters against Hudson County employees. Conveniently, Eady signs the disciplinary charges and Howard Moore then decides the guilt or innocence of the officer.
In the Facebook posts, Eady admits that he is just waiting for the right time to make his move and reveals that he is going to release protected health information that he is privy to in his position as an Administrator.
Apparently, one of the recipients of this email was Mrs. Waiters, who stood up at the Freeholders Meeting on May 24, 2012 and brought it to their attention giving them copies of the email containing the Facebook conversation. Mrs. Waiters, a former corrections officer, was wrongfully terminated approximately 6 years ago and has been fighting to get her job back ever since. It is presumed that this is what Eady was referring to in his threats against Union Members in the Agnes Moore letter.
The Freeholders advised Mrs. Waiters to report the incident to the Prosecutor's Office and further instructed Director Aviles to handle the matter internally if the Prosecutor's Office did not take any action. It was reported that Mrs. Waiters received over 20 phone calls that very evening from Eady who threatened that he was not going down alone and that he would take others with him, specifically naming Donato Battista, Hudson County Counsel.
In and around May 25, 2012, Eady then requests a third party investigation by an outside law firm to get to the bottom of the issue and clear his name. That's right, Eady wants the same royal treatment that Ricky Aviles received, specifically a $50,000 investigation, or should I say "cover up", to get him out of this mess.
On June 1, 2012, the PBA objected to the hiring of a 3rd party law firm to conduct an investigation into something that had clearly been proven with Eady's Facebook Posts and demanded that disciplinary action be taken against Eady. The PBA would not agree to a 3rd party investigation and would only consent to a joint investigation wherein the interests of both the PBA and the Administration were protected. The PBA further requested that Eady be made to submit to a Fitness for Duty Exam as his behavior was becoming increasingly bizarre and alarming.
The PBA wrote:
"As one of the highest members of the Administration, Eady’s use of threats, intimidation and retaliation have set an unwritten policy for the supervisory personnel who frequently charge and discipline our membership without cause, causing the County to incur exorbitant and unnecessary legal fees."
Again, the Hudson County Administration took no action and on July 5, 2012, the PBA President received another anonymous email containing allegations of sexual harassment by a Supervisor, Lt. E. Taylor, towards a female civilian employee. Lt. Taylor is a close friend and one of Eady's cronies.
This email read:
Lt. Taylor is intimidating/sexually harrassing (female civilian name omitted). she has text messages of him asking for sexual favors then shortly after she turned him down he gave her a frivolous suspension. she has been showing people the messages. someone needs to do something about this.
On July 6, 2012, in accordance with Hudson County Policy, Chapter 12, Unlawful Harassment/Sexual Harassment Policy, the PBA President reported the incident to Internal Affairs who instructed him to write an Incident Report and turn in both emails.
On July 16, 2012, the PBA President was ordered to report to the Administrative Building on Pavonia Avenue to be interviewed by the third party law firm of LeClair Ryan in reference to the incident. The interview was to take place on July 18, 2012.
On July 18, 2012, the PBA President reported to the Administrative Building and gave truthful and honest testimony to the law firm of LeClair Ryan of his knowledge of the events surrounding the emails and Eady's crony, Lt. Taylor.
On July 19, 2012, Eady sent a Memorandum to the PBA President revoking the 15 year old Past Practice of allowing the PBA President full release time to conduct PBA business and assigning him to a uniformed post in receiving as punishment for reporting the illegal activity of his crony, Lt. Taylor.
Check back frequently for updates on Eady's Downward Spiral. Morpheous needs a Fitness for Duty Exam.
EdPDLaw Editorial
May 5, 2012
Confidential Aide Kirk Eady's Fiscal Qualifications to Oversee the Jail's $60 Million Dollar Budget
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.
