DECISION ON MOTION TO DISMISS COUNT TWO OF INDICTMENT.
DECISION ON MOTION TO DISMISS COUNT TWO OF INDICTMENT
On January 4, 1988, a grand jury found probable cause that Mary Ann Maioranna had engaged in official misconduct when she approved the payment of $10,000.00 in Community Development funds for the benefit of Saddle Brook to the codefendant Charles Oglesby without the "necessary consent" of the Saddle Brook municipal council. The $10,000.00 payment was allegedly disbursed before any services were received, (a written study presumably prepared by Mr. Oglesby on the revitalization of Saddle Brook's downtown area), contrary to Bergen County Development procedures. Maioranna also authorized the $10,000.00 payable to Charles Oglesby rather than to the Township of Saddle Brook, contrary to policies of both Community Development and the Township of Saddle Brook. Ms. Maioranna was formerly Executive Director of the Bergen County Office of Community Development.
Defendant Maioranna's main argument in support of her motion to dismiss Count Two is that the "informally established administrative procedures and policies", which she allegedly breached, do not create "official functions" and were not duties imposed by law, as required by N.J.S.A. 2C:30-2.
The State argues that Ms. Maioranna breached an inherent obligation to ensure that the moneys entrusted to her care were properly disbursed. It contends that such conduct, although not amounting to a violation of state "law", comports with the general definition of common law misconduct, and is indeed criminal.
"between January 23, 1987 and January 28, 1987, the defendant, as Director of the Bergen County Community Development Program, with purpose to
obtain funds belonging to the Township of Saddle Brook for the benefit of Charles Oglesby, committed acts relating to her office but constituting an unauthorized exercise of her official functions knowing such acts to be unauthorized, to wit:
1. She approved the payment of $10,000.00 in funds designated for the benefit of the Township of Saddle Brook to Charles Oglesby without the necessary consent of the governing body of the Township of Saddle Brook;
2. She authorized this payment of funds for a written study to be performed by Charles Oglesby without having first received such study, contrary to Bergen County Community Development procedures;
3. She authorized payment of a $10,000.00 check directly to Charles Oglesby rather than to the Township of Saddle Brook, contrary to the Bergen County Community Development procedures; contrary to the provisions of N.J.S. 2C:30-2, and against the ...