Skip to content

A town square for an unsquare town

redbankgreen

Standing for the vitality of Red Bank, its community, and the fun we have together.

RED BANK: ZIPPRICH CONDUCT ‘NOT UNLAWFUL’

ballard-zipprich-021122-500x376-2855884Councilman Ed Zipprich, right, with Councilman Michael Ballard in February. (Click to enlarge.)

By JOHN T. WARD

hot-topic_03-220x138-2130637

Red Bank Councilman Ed Zipprich did not “interfere” in the award of a trash collection contract two years ago, according to an unreleased report obtained by redbankgreen.

Special attorney Scott Salmon’s report also says “there is evidence to suggest” that former business administrator Ziad Shehady was the the anonymous source of internal emails about Zipprich that were leaked to redbankgreen.

zipprich-ballard-shehady-123118-500x375-2666508Zipprich, left, with Ballard and Ziad Shehady in December, 2018. (Photo by John T. Ward. Click to enlarge.)

In its appointment of Salmon as ad hoc special counsel April 27 at a fee of $7,500, the council sought legal input on whether it should more fully investigate “potential interference” in the award of the trash contract in the summer of 2020, “and/or the subsequent release of confidential information related thereto.”

As reported by redbankgreen in August of that year, Shehady expressed alarm via internal emails that Zipprich appeared about to “sabotage” the bidding for the contract, which was still in the request-for-proposals. (RFP) stage, in order to favor a potential bidder, DeLisa Demolition.

Shehady’s emails, addressed to borough Attorney Greg Cannon and elected officials – but not Zipprich or his ally, Councilman Michael Ballard, Salmon noted – were shared anonymously via encrypted service with redbankgreen, and contained some correspondence that was then less than 24 hours old.

Salmon’s conclusions: Zipprich violated no laws, and further digging into the leak would likely be “incomplete.”

In his report, labeled as “CONFIDENTIAL ATTORNEY-CLIENT WORK PRODUCT” on all five pages, Salmon concluded that “there is no law, regulation or rule” that would have barred Zipprich from speaking with a potential bidder about the terms of a request for proposals.

Salmon also said Zipprich “is not alleged to have provided the potential bidder with any confidential information, nor provided it with any benefit.”

“There is no legal precedent to suggest his conduct was, or could have been, unlawful or unethical,” Salmon continued. “As such, it is my professional opinion that no further investigation is required, and any further expenditure of funds to pursue this matter would be an inefficient use of resources.”

DeLisa did not respond to the RFP; in fact, the borough received no responses that round. The Tinton Falls firm, which has handled the borough’s trash since pickups were privatized in 2015, later won a new contract when the matter was put up for bid a second time – at $600,000 in savings to the borough, Salmon wrote.

“Not sure how you received this,” Zipprich told redbankgreen by email in response to a request for comment on the report Thursday. He said he would comment after consulting with counsel. [UPDATE: see Zipprich’s response here.]

As for the leak itself, Salmon wrote that two years have passed, and “more importantly, the sender of the email is no longer employed by the borough.”

A footnote says that “there is evidence to suggest the emails were leaked by Shehady, who, as stated, is no longer employed by the Borough. However, such a conclusion is beyond the scope of this report, and would require additional investigation that is likely impossible at this point in time for the reasons stated.”

Asked about the “evidence” of Shehady’s role in the leak, Salmon told redbankgreen he was not authorized to comment.

Shehady did not respond to request for a response.

Following a closed-door executive session Wednesday night, the council reconvened for less than a minute without discussion of the report “because we are waiting to have further advisement from our borough attorney,” said Council President Kate Triggiano, leading the meeting in the absence of Mayor Pasquale Menna.

Salmon wrote that his report was based on documents provided by Cannon and an unspecified number of interviews with Zipprich. No other interviewees are identified in the report.

The report addresses two issues that bitterly split the all-Democratic council in recent years.

Then in a two-man minority with Ballard, Zipprich demanded an investigation into the email leak, which he said both tarnished his reputation and constituted a violation of the council’s attorney-client privilege.

Then in the majority, Triggiano, Kathy Horgan, Erik Yngstrom and Hazim Yassin pushed back, contending that the leaked documents were “OPRA-able,” or subject to release under the state Open Public Records Act.

What needed probing, they said, was Zipprich’s alleged interference.

Eventually, the two sides agreed that a legal opinion on both matters should be obtained.

Barry Cooke, an attorney recommended by Menna, was first contracted to provide legal guidance to the council, but failed without explanation to deliver a report, and did not submit a bill for payment, officials have said.

With Yassin voted out of office and Yngstrom having resigned, Horgan and Triggiano are now in the minority, opposite Zipprich, Ballard and newcomers Jacqueline Sturdivant and Angela Mirandi.

Horgan and Triggiano did not respond to a request for comment.

Here’s the report:Red Bank – Salmon report 051722

If you value the news coverage provided by redbankgreen, please become a financial supporter for as little as $1 per month. Click here to set your own level of monthly or annual contribution.

Follow Red Bank Green on Instagram
@redbankgreen
Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
JOIN US AT JJ’S – PLEASE!
A doe-eyed sect of sentient boba teas sweetly beseeches us to join their adorable cult outside of JJ Delicacies this sticky August Sunday!
NEIGHBORS GATHER AT TINO’S
Chris Havens of River Street gathered group of Red Bankers for dinner on Thursday night. The gathering was in the back patio of Tino’s Mex ...
TREE BRANCH VS CAR
A tree branch fell on a parked car on Chestnut Street near Pearl Street Sunday. Submitted by Brian Donohue Follow Red Bank Green on Instagra ...
APOSTROPHE CATASTROPHE
As a curmudgeonly curator of terrible punctuation on public signs, I’ve seen and shaken my head at a lot of gratuitous quotation marks ...
DANE FOR DEMOCRACY
redbankgreen Partyline captures a great dane who, all signs indicate, has had enough.
SUNFLOWER GAUNTLET
On the Partyline: a sunflower guantlet on River Street.
VIGIL FOR 68 DEAD
About 100 people attended a Saturday vigil at Johnny Jazz Park in Red Bank as part of a nationwide series of events to mourn the lives of pe ...
LITTERBUGS HIT MARINE PARK
Partyline PSA: Please don't leave your trash in our nice new park!
PARKING SUCCESS AT RED ROCK
All these people found parking for the Cliffs at Red Rock!
SHO AND TELL
A peak inside Sho Asian Table a new restaurant still under construction and slated to open later this summer at 8 West Front Street in Red B ...
“Night of the Living Nick” Halloween Car Turns Heads
Nick Brown, a special effects artist from the Atlantic Highlands, was seen driving his creatively decorated Halloween car around Red Bank th ...
“HOLY F***!” LIGHTNING STRIKE FROM WASHINGTON STREET BACKYARD
Lightning struck during Saturday’s storms in the backyard of Washington Street resident Kimberly Johnson. The strike obviously caught ever ...
SMOKY NAVESINK SUNRISE
redbankgreen's partyline photographer Karly Swaim captured the sun rising through hazy, smoky skies above the Navesink River from NJ Transit ...
MAGGIE’S HEAT WAVE HAIRCUT
Maggie, a golden doodle who belongs to Sara Horan, shows off her new shorter-for-summer hair cut outside Fins & Feathers on Monmouth Street ...
PEACE, LOVE AND JUGGLING
Music and flow arts filled Riverside Gardens Park Friday night at the free flow arts meetup hosted by Cirque de Peace, with guest band Sweet ...
IMMIGRATION PROTESTS CONTINUE
Protests against a wave of immigration arrests in Red Bank and nationwide continued for a third and fourth straight day on Shrewsbury Avenue ...
CARS, BARS AND VANS
Middletown resident Rob King was cruising through the Red Bank municipal parking lot behind the Dublin House Saturday night in his 1969 Plym ...
TWO SHORTS IN FILMONEFEST
Leonardo Morales Pitalua, a 20-year-old animator who lived in Red Bank until February, will have two short films shown at FilmOneFest in Hig ...
LONG DOGGONE WAIT
Partyline photo: The driver of an e-bike and his human passenger wait at the Monmouth Street train crossing while a northbound NJ Transit tr ...
WE’RE LICHEN THIS FUNGHI!
A mushroom sprouts from the mouth-like hole in this lichen-covered tree on the grounds of Red Bank Primary School Tuesday morning.