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Press Archive


News12: Volunteer firefighters sue chief and town
Volunteer firefighters suing town for legal fees, salaries
Alleging test results were rigged, firefighters file suit seeking $85K
SFD troubles take center stage
Fired Springfield fireman appeals removal
Ex-fire chief faces forgery charge after exam-rigging probe
Firefighter dismissed after probe of forgery
Two explore 'truth' in film on SFD mess
Officials consider retesting in wake of SFD test scandal
Let's take care of our volunteers
Accused firefighter's hearing delayed again
Springfield fire captain's hearing delayed
Springfield captain may have faked diploma
Diploma dispute threatens Springfield fire captain
Springfield fire captain may lose job if he can't prove school record
Township fire officials testify
Grand jury hears of rigged test
Hearing gives no closure
Investigation of chief begins
Investigation of fire chief begins
Computers seized at Springfield Fire Department
Springfield's embattled fire chief retires
Chief could be 'under fire' over test
Probe sought in firefighter test flap
Suit alleges fraud in Springfield firefighters exam
Only an outside probe will do
Chief accused of nepotism
Firefighters test tossed over claim of rigging
2nd Springfield firefighter says job exam was rigged

 


Volunteer firefighters sue chief and town
Thursday, February 26, 2009
News 12 New Jersey


http://www.youtube.com/watch?v=Sm4IYgLWRVU


Volunteer firefighters suing town for legal fees, salaries
Thursday, March 12, 2009
By Joseph M. D'Alise, Staff Writer

SPRINGFIELD, NJ -  Five months after Springfield's ex-fire chief was charged with forgery and the former captain was fired amid allegations they tampered with the departments 2007 entrance exam results, the volunteer firefighters who made the claims are suing the township.

In the lawsuit seeking unspecified damages, Dino D'Angelo and Connor Hamilton claim they are owed some compensation for legal fees, as well as salary they would have received if results of the exam had not be altered. The lawsuit was filed Feb. 24 at Superior Court in Elizabeth.

The volunteers had tried to join the fire force's paid division, filed a separate lawsuit a year ago, alleging the process was rigged to favor former chief Wayne Masiello's son, Adam, and captain Michael Bilotti's nephew, Jeremy. "Had [Masiello] not forged those scores, they would have been at the top of the list," said Michael Prigoff, who represents Hamilton and D'Angelo.


As in the previous suit, Prigoff will argue his clients' scores were suppressed as the scores of Adam Masiello and Jeremy Bilotti were raised, and that they did not match the results of the state Career Fire Chiefs Association, which administered the exam. Had the scores been accurate, Hamilton and D'Angelo would have ranked second and third, respectively on the list. Because the department has since hired the top two scorers, and given a conditional offer to the third scorer, Prigoff said his clients were cheated out of jobs.

"They were forced to incur the expense of suing the town in the first place," said Prigoff. "Only because of their efforts was this fraud discovered."

Prigoff said his clients are seeking legal fees and the salaries they would have earned, collectively, had the test results been correct and they became firefighters.

"These...guys would make outstanding firefighters. They have tremendous training and experience," said Prigoff. Hamilton and D'Angelo have been working as volunteer firefighters for six years and three years, respectively.

Mayor Bart Fraenkel said, as of March 6, township officials had not received the complaint.

"We have not been served with...papers," Fraenkel explained. "There is no issue, until I hear differently."

Township Attorney Bruce Bergen declined comment, stating, like Fraenkel, he had not seen the complaint and is unaware of the specifics of the lawsuit.

The township has not yet created a new ordinance or official criteria for appointing new firefighters to the department, though officials had said the idea was being discussed.

According to Prigoff, his clients will be protected from retaliation under the Whistleblower Protection Act, as they are considered township employees.

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124, or editorial@thelocalsource.com.
http://www.localsource.com/articles/2009/03/11/springfield/news/local_news/doc49b8777f18df1324980606.txt

Alleging test results were rigged, firefighters file suit seeking $85K
Thursday, February 26, 2009
BY LESLIE KWOH
Star-Ledger Staff

The two volunteer firefighters who claim they were cheated out of paid jobs with the Springfield Fire Department when the former fire chief rigged the results of an entrance exam have filed another lawsuit with the Superior Court, this time claiming more than $85,000 in damages.

In the suit, filed Tuesday in Elizabeth, Dino D'Angelo and Connor Hamilton claim they are owed compensation for legal fees, as well as salary they would have received if the results of the 2007 entrance exam had not been forged. The pair, who wanted to join the department's paid professional division, filed a separate lawsuit last March alleging the process was rigged to favor Fire Chief Wayne Masiello's son and Capt. Michael Bilotti's nephew.

Masiello, who subsequently retired, was later charged by the county prosecutor's office with forgery. Bilotti was terminated after a unanimous vote by the township committee.

Yesterday, attorney Michael Prigoff said his clients were claiming at least $35,000 in legal fees, and another $50,000 for salary they would have collectively earned had the results been correct.

As in the previous suit, Prigoff argued that official results for the oral section of the exam, which was conducted by members of the New Jersey State Career Fire Chiefs Association, did not match results posted by Masiello. While his clients' scores were being lowered, the grades for the chief's son and the captain's nephew were raised substantially on the short list for potential hires.

But had the scores been accurate, Hamilton and D'Angelo would have ranked second and third, respectively on the list, he said. Since the department has since hired the top two scorers on the exam, and given a conditional offer to the third scorer, Prigoff said his clients were essentially cheated out of jobs.

"Had they done this properly, at least one or both of them would be appointed as firefighters by now," Prigoff said.

Springfield Mayor Bart Fraenkel said yesterday he had not received the complaint but was surprised the issue was resurfacing.

"I was under the impression that this had all been addressed on one level or another, and that nothing else was going on now," Fraenkel said.

Masiello, when reached at his home yesterday, declined to comment.

Leslie Kwoh may be reached at lkwoh@starledger.com or (973) 392-4147.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-4/123562597548140.xml&coll=1

SFD troubles take center stage
Tuesday, December 30, 2008 2:18 PM CST
Joseph M. D'Alise
Localsource Staff Writer

SPRINGFIELD, NJ - The Fire Department couldn't stay out of the spotlight in 2008.

One small scandal flared up after another following complaints in February from two volunteer firefighters, Dino D'Angelo and Connor Hamilton, who claimed there was video evidence showing former Fire Chief Wayne Masiello's son, Adam, botching part of his physical exam and that his high score on the oral exam may be false.

D'Angelo also alleged former Fire Captain Michael Bilotti had tried to secure a place for his nephew, Jeremy, at the department by making sure his oral test scores were boosted.

The two volunteers acted by filing a lawsuit against the fire department. This controversy ignited another.

The lawsuit led Springfield Mayor Bart Fraenkel to request the county Prosecutor's Office investigate the Fire Department. During their probe, a photocopy of Bilotti's General Educational Development diploma was found. When asked for the original copy, Bilotti could not produce it, claiming it was lost in a house fire several years earlier.

"All we've ever required from our township departments is accountability and respect," Fraenkel said in reflection. "People make mistakes, but a learned experience is a growing experience, and we've grown as a municipality."

After several hearings to determine the validity of the diploma, it was determined Bilotti did not have a valid GED and the governing body voted to fire him on Oct. 14.

Masiello, 56, who had retired in March after 25 years of service, did not escape unscathed by the mess.

In late October, the Union County Prosecutor's Office charged Masiello with forgery for allegedly altering a firefighters entrance exam taken in November 2007.

If convicted on the two counts of fourth-degree forgery, Masiello faced three years in prison. The county offered Masiello Pre-Trial Intervention, which provides defendants, generally first-time offenders, with alternatives to the traditional criminal justice process.

Hamilton hopes 2009 will be a better year. "We have a good, new chief (James Sanford), and the department is...moving forward," he said

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124, or editorial@thelocalsource.com.
http://www.localsource.com/articles/2008/12/30/springfield/news/local_news/doc495a2ecc047b7937913581.txt

Fired Springfield fireman appeals removal
Captain accused of forging high school diploma to get position in 1994
Thursday, November 13, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

A Springfield fire captain is appealing his removal from the township fire department after an investigation found evidence suggesting he forged documents to become a firefighter 14 years ago.

Last month, the township committee voted unanimously to terminate Capt. Michael Bilotti, who was suspended from his $85,000 job in mid-May.

The five-member governing body accepted a hearing officer's conclusion that Bilotti did not have a high school equivalency degree and that without that degree, it was a violation of state statute for him to become a fireman.

While court rules allow Bilotti and the township well over a year to obtain any additional materials or documentation needed for the appeal, Bilotti's attorney, James Addis, said he hoped the matter would be resolved in a few months.

Bilotti is unemployed and has no prospects for a job, he said. "He wants to work as a firefighter, which inhibits his search for work," Addis said.

While Addis maintains that Bilotti was an asset to the fire department and should be allowed to obtain a graduate equivalency degree, at this point a judge would have to agree because the township committee has already rejected the suggestion.

In his 10-page report to the township committee, hearing officer Robert Czech found there was "a strong preponderance of the evidence that Michael Bilotti does not have a valid high school equivalency diploma and that the copy of the diploma submitted in 1994 along with his application was a knowing misrepresentation."

During the hearing township administrator Ed Fanning testified that when officials examined the diploma in Bilotti's file, it appeared to be altered.

Czech further found that by Bilotti submitting the false diploma, he violated state statute that requires officers to be "of good moral character" and that such conduct fosters a mistrust because of those misrepresentations.

Addis said Bilotti has no idea where the forged degree came from.

"It's always been his position that the document sent to Trenton for validation was not the same document that was in his file in 1994," Addis said.

"We think there are other ways to resolve this case. Here you have an experienced, tested, tried fire captain. To discard his experience is a mistake and a waste of taxpayers' money by the township," he said.

Mayor Bart Fraenkel said state statute is clear that a high school diploma or graduate equivalency degree is a requirement for becoming a firefighter.

"If the state wants to change its requirements for Mr. Bilotti, that is their prerogative. But I would be very surprised if that is what they do," Fraenkel said.

Gabriel H. Gluck may be reached at 908-302-1506 or
ggluck@starledger.com.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-4/1226554015282570.xml&coll=1

Ex-fire chief faces forgery charge after exam-rigging probe
Saturday, October 25, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

A former Springfield fire chief was charged yesterday with forgery following an investigation by the Union County Prosecutor's Office into the rigging of a firefighters entrance exam.

Former Fire Chief Wayne Masiello, who retired unexpectedly this summer, was charged with falsifying documents relating to a 2007 firefighters exam involving his son, announced Union County Prosecutor Theodore J. Romankow.

The prosecutor's office has been investigating the exam since the surfacing of evidence that the test results were rigged to favor Masiello's son, along with the nephew of Fire Capt. Michael Bilotti who was recently fired after a hearing that found he did not have the academic credentials to join the department and that the graduate equivalency degree in his file also appeared to be a forgery.

The prosecutor's office was alerted to the possible forgery after several candidates who took the exam complained that the final scores appeared to have been altered.

The results submitted to the state and township officials were a "clear forgery" and gave Masiello's son a rank of third out of 10 candidates when he actually earned the rank of 8th, said Assistant Prosecutor William Kolano, who is handling the case.

At the time, the fire department was considering only the top three qualifiers for open spots on the force, Kolano said.

However, there may never be any legal proceedings to determine whether Masiello was involved.

While the prosecutor's office declined to comment, Masiello's attorney, Thomas Cammarata, said that an agreement negotiated with the prosecutor's office may enable Masiello to enter a Pretrial Intervention Program that would require no admission of guilt, and upon completion of the program, an expungement of the charges.

"They approached me on this deal," Cammarata said, stressing that Masiello is innocent of the charges.

Under the agreement, which must be approved by a judge, the prosecutor's office would not object to Masiello's entry into PTI, he said.

However, the prosecutor's office remained mum on the deal. "Any comment as to plea negotiations is premature at this time," said John Holl, the prosecutor's spokesman.

The forgery charges stem from a fax that purported to be the results of the oral portion of the firefighters' test, but were later shown to have been altered. It changed the scores of several volunteer firefighters, pushing them down the eligibility list, while pushing Masiello's son and Bilotti's nephew ahead.

The altered fax was discovered after two volunteer firefighters, Connor Hamilton and Dino D'Angelo, sued the township, which ultimately threw out the test results. It was also during this time that Bilotti's academic record was challenged.

"These charges are the culmination of a lengthy but necessary investigation," said Romankow. "It is regrettable, however that Mr. Masiello corrupted the testing process, which is a disservice to all those who competed fairly to serve their community."

Springfield Mayor Bart Fraenkel said the township would have to rely on the prosecutor's judgment in the handling of the case.

"We gave it to Union County and whatever they feel is appropriate, it's in their hands," Fraenkel said.

Masiello is scheduled to make his first appearance before Union County Superior Court Judge Joan Robinson Gross on Nov. 7.

Masiello, who retired from his $125,166 post after serving 25 years with the department, receives about $81,400 on his pension, along with lifetime medical benefits, according to his township officials.

A conviction on the forgery counts could mean a maximum 18-month prison term. However, officials were not sure yesterday of the implications such a conviction could have on a pension. Masiello was not charged with misconduct in office.

When Masiello posted a memo at fire headquarters announcing his retirement, he told firefighters, "I have chosen to (retire) due to medical reasons and not for any other reason."

In his official letter to the township, he wrote that it had been an honor to serve on the fire department. "It was the dream career of a lifetime for me and I can only thank God that I had the opportunity to serve the citizens of Springfield," he wrote.

Masiello grew up in the township, where he continues to reside with his wife and two sons.

Gabriel H. Gluck may be reached at 908-302-1506 or ggluck@starledger.com.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-4/1224908807259500.xml&coll=1

Firefighter dismissed after probe of forgery
False diploma spurs Springfield inquiry
Thursday, October 16, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

A Springfield fire captain involved in a controversy over the alleged rigging of a firefighters' exam has been thrown off the department following an investigation questioning whether he forged documents to become a firefighter 14 years ago.

In a unanimous vote, the Springfield Township Committee voted Tuesday night to terminate Capt. Michael Bilotti, said Mayor Bart Fraenkel. Bilotti had been suspended from his $85,000 job since mid-May.

Meanwhile, the Union County Prosecutor's Office, which has been investigating the exam scandal since March, said the probe was active, but would not elaborate.

Fraenkel said the five-member governing body was unanimous in its decision to accept the hearing officer's conclusion that Bilotti did not have a high school equivalency degree and that without that degree, it was a violation of state statute for him to become a fireman.

Bilotti has not decided whether to appeal the governing body's decision, said his attorney, James Addis.

Addis asked the governing body to consider putting Bilotti on a leave of absence so he could get his GED.

"I asked the committee to consider this as a remedy. He's a dedicated firefighter who only wants to be a firefighter. He's served the township of Springfield devotedly for 15 years," Addis said.

In his 10-page report to the township committee, hearing officer Robert Czech found there was "a strong preponderance of the evidence that Michael Bilotti does not have a valid High School Equivalency Diploma and that the copy of the diploma submitted in 1994 along with his application was a knowing misrepresentation."

During the hearing Township Administrator Ed Fanning testified that when officials examined the diploma in Bilotti's file, it appeared to be altered.

Czech further found that by Bilotti submitting the false diploma, he violated state statute that requires officers to be "of good moral character" and that such conduct fosters a mistrust because of those misrepresentations.

Whether the township would want to find a way to enable Bilotti to return is questionable.

"We are very comfortable with the staffing we now have. These are excellent people," Fraenkel said. "We don't anticipate having a recurrence of any of the issues we experienced in the past year."

Fraenkel said he has heard nothing from the prosecutor's office. "But we are certainly interested. We would like to know what they're doing," he said.

While the prosecutor's office would say little yesterday, Prosecutor Theodore Romankow has said his office was investigating allegations that the grades from the last firefighters' exam were rigged to help Bilotti's nephew and former fire chief Wayne Masiello's son get on to the department.

A fax purporting to be the results of the oral portion of the firefighters' test, but later shown to have been altered, changed the scores of several volunteer firefighters, pushing them down the eligibility list, while pushing Masiello's son and Bilotti's nephew ahead.

The altered fax was discovered after two volunteer firefighters, Connor Hamilton and Dino D'Angelo, sued the township, which ultimately threw out the test results. It was also during this time that Bilotti's academic record was challenged.

In Bilotti's personnel file was what appeared to be a doctored photocopy of his high school equivalency diploma. The diploma reportedly had the name of a state education commissioner who did not hold the post at the time the degree was issued.

Bilotti's attorney has maintained that the officer's GED diploma was destroyed in a fire and that he had no idea where the diploma in the personnel file came from.

Gabriel H. Gluck may be reached at
ggluck@starledger.com or 908 302-1506.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-4/1224131760209390.xml&coll=1

Two explore 'truth' in film on SFD mess
Wednesday, September 10, 2008 3:28 PM CDT
By Joseph M. D'Alise, Staff Writer

SPRINGFIELD, NJ - Two of the township's volunteer firefighters want the public to know the "truth" about the controversies surrounding the fire department.

On Sept. 4, Connor Hamilton and Dino D'Angelo released a movie trailer on www.springfieldtruth.com, a Web site they recently created to share their views.

In March, Hamilton and D'Angelo began questioning the validity of the department's entrance exam, taken in February.

They accused former Fire Chief Wayne Masiello of altering the test scores to push his son's name to the top of the eligibility list and to suppress Hamilton's and D'Angelo's results.

In the wake of these allegations, the Union County court advised the Township Committee to throw out the scores, prohibiting them from hiring new firefighters. The committee complied.

Several weeks later, the original test results were found and it was determined they had been altered. The find, however, did not help Hamilton and D'Angelo - whose scores ranked among the top ten of more than 70 tests - since the county court had already determined they would not be used to hire new employees.

During the county's probe into the matter, officials also found a photocopy of Fire Capt. Michael Bilotti's GED diploma and determined that it may be fraudulent.

The second and final hearing regarding Bilotti's diploma was completed on Sept. 5. Hearing Officer Robert Czek's opinion is expected in the upcoming weeks.

Bilotti has been suspended since July. The suspension has been with pay, until Sept. 6, due to vacation and personal time he accrued.

The two amateur movie directors are calling for better communication between the Township Committee, the Fire Department and its volunteers.

"This investigative documentary, targeting the mayor and the fire department, will detail everything," Hamilton said. "It's important that the public know the truth, and not...accept what they've been told."

According to Hamilton and D'Angelo, the documentary, which will be released in full sometime within the month, will outline all the behind-the-scenes happenings surrounding this issue, quoting newspapers, committee members, firefighters and residents.

Fraenkel does not seem worried about the information included in the trailer.

"I have seen the trailer. All I can say...is they should go into comedy," said Fraenkel, who compared the trailer to an episode of the Daily Show, a nightly half-hour series on Comedy Central described on www.thedailyshow.com as "unburdened by objectivity, journalistic integrity or even accuracy."

Fraenkel said many statements included in the trailer were taken out of context. "You can slant anything anyway you want with the right editing," he said.

Michael Prigoff, an Englewood attorney representing Hamilton and D'Angelo, disagrees with the mayor's assessment.

"I reviewed everything that went into this documentary," Prigoff said. "It is only a movie trailer that has been released. If you visit the Web site, there are full explanations and everything is put into context."

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124, or editorial@thelocalsource.com.

http://www.localsource.com/articles/2008/09/10/springfield/news/local_news/doc48c81e46bb95c787437064.txt


Officials consider retesting in wake of SFD test scandal
Wednesday, September 3, 2008 5:08 PM CDT
By Joseph M. D'Alise
Observer Staff Writer

SPRINGFIELD, NJ - The Township Committee has put off deciding whether firefighters must take a new Fire Department entrance exam, due to lobbying on the part of several volunteer firefighters.

Reissuing the exam would cost the township $8,000, according Mayor Bart Fraenkel.

The test results from the first entrance exam taken last February were thrown out in March at the recommendation of both test-takers and Union County Judge Walter Barisonek following accusations of tampering and nepotism. Shortly after an ordinance was created to throw out the February exam, the original results were discovered, affirming the test results were altered. Some pointed to now retired Fire Chief Wayne Masiello, alleging he changed the results to secure a place on the Fire Department staff for Adam Masiello. With the test results in limbo since March, two vacancies left by retired firefighters remain.

Volunteer Firefighter Connor Hamilton, whose oral exam score was allegedly altered, believes he earned a spot towards the top of the eligibility list. "It's...a waste of the taxpayer's money to spend $8,000 on a new test when we have the correct list available," he said.

According to Hamilton, the expenses would not stop there. If a new test was given, the township would need to return the $5,325 paid by the 71 hopefuls that took the original test, as well as continuing to pay firefighters overtime while the new test is taken to fill the vacancies.

Fire Chief James Sanford did not see any adverse effect caused by the vacancies. "It is not impacting the safety of my men or the town," he said.

On the list of the original test scores, Hamilton finished first out of 71 test-takers in the oral section, and second overall.

Fraenkel and the governing body is working to find a solution that would benefit all parties involved. "There are so many moving parts here," Fraenkel said. "We need to find what we believe is a fair solution; that's our main responsibility. The fact is, though, we cannot make everybody happy."

The mayor said that the original list of exam scores cannot be used as criteria, because Masiello's case has not been closed yet, and because those scores have already been thrown out.

Hamilton has lobbied the township in the past to only allow two-year volunteers eligibility to take the entrance exam. This is another topic the committee must review before taking a final vote.

"We do not want to rush into anything," Fraenkel said. "What we need to do is establish the methodology that can be used from now on."

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124, or
editorial@thelocalsource.com.
http://www.localsource.com/articles/2008/09/03/springfield/news/local_news/doc48bf0a1e5c177775580889.txt#tp_newCommentAnchor

Let's take care of our volunteers
Wednesday, April 30, 2008 3:40 PM CDT

SPRINGFIELD, NJ - Recently in Springfield, a controversy arose regarding the Springfield Fire Department. Shouts of nepotism came from the ranks of the volunteer firefighters who believed that former Fire Chief Wayne Masiello altered the scores on the entrance exam for the department's paid division.

Recently, this matter was brought before Union County Assignment Judge Walter Barisonek at the County Courthouse in Elizabeth. However, Barisonek decided that it would be a topic better suited for the Springfield Township Committee.

The volunteer firefighters are seeking a resolution from the committee, asking them to consider volunteer firefighters for paid positions within the department before hiring firefighters from the outside.

Other municipalities in the area, such as Cranford, already have such an ordinance for their departments, so why not Springfield?

We sincerely hope that the Township Committee will heed the request of their volunteer division and pass this resolution. These people volunteer their time to the department, placing themselves in the same life threatening situations as the paid division, all for the sake of the township's residents.

It seems like a rather easy gesture to extend to the volunteers; it would boost morale and give the volunteers the respect that they deserve.

Volunteer firefighters and paid firefighters all go on the same calls and answer to the same chief, so it is our opinion that they should be treated with equal respect.

Springfieldss firefighters have shown an impressive amount of courage and professionalism recently. There have been overturned vehicles on Route 78 and a fire that occurred at a construction site atop a hill. The volunteer firefighters have proven themselves in the field.

We support the volunteer firefighters in seeking this ordinance, as their continued efforts will only better serve the residents of Springfield.

http://www.localsource.com/articles/2008/05/01/springfield/opinion/doc4818d57212bdb812935198.txt#tp_newCommentAnchor

Accused firefighter's hearing delayed again
Springfield captain's diploma questioned
Tuesday, July 29, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

A Springfield Fire Department captain who could lose his job if he cannot prove he holds a high school degree, or at least the equivalent, will have another month before the hearing to determine his fate.

This is the second postponement for a hearing to determine whether Capt. Michael Bilotti, who has been suspended with pay since mid-May, holds onto his $85,000 job, said township administrator Ed Fanning.

In a related development, Union County Prosecutor Theodore Romankow said yesterday his office was still investigating the township fire department's last firefighters' entrance exam after allegations that the exam grades were rigged to help Bilotti and former fire chief Wayne Masiello get relatives into the department.

While acknowledging that the probe was not over, Romankow said he could not comment further.

Earlier this year, Bilotti and Masiello were accused by two volunteer firefighters of attempting to rig the firefighters' entrance exam to get Masiello's son and Bilotti's nephew into the department.

A fax purporting to be the results of the oral portion of the test, but later shown to have been altered, changed the scores of the two volunteer firefighters, pushing them down the eligibility list while pushing Masiello's son and Bilotti's nephew ahead.

While the township committee threw out the test results, a Union County grand jury was impaneled to probe whether the actions of any of those involved in altering the exam results rose to the level of an indictable offense.

It was also during this time that Bilotti's academic record was challenged. In his personnel file was what appeared to be a doctored photocopy of Bilotti's high school equivalency diploma. The diploma reportedly had the name of a state education commissioner who did not hold the post at the time the degree was issued.

Bilotti's attorney, James Addis, said yesterday that Bilotti's GED diploma was destroyed in a fire.

"And the one that was plucked out of his personnel file, he's never seen before in his life," Addis said.

Fanning said this second postponement of Bilotti's could have additional financial consequences for the 14-year firefighter. Should Bilotti be dismissed at the Aug. 29 hearing, the township will look to have him return his pay back to July 18, his last scheduled hearing date, he said.

"We never agreed to that," said Addis. "That's just petty and foolish."

Gabriel H. Gluck may be reached at (908) 302-1506 or ggluck@starledger.com.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-4/1217306404235280.xml&coll=1


Springfield fire captain's hearing delayed
Official faces loss of job if he can't prove high school education
By GABRIEL H. GLUCK
STAR-LEDGER STAFF

It will be at least another month before questions are resolved involving the hiring of a Springfield Fire Department captain and his qualifications when he joined the agency 14 years ago.

A hearing to determine the fate of Capt. Michael Bilotti has been postponed until July 18. Bilotti must prove he obtained a high school degree or an equivalency degree if he wants to hold on to his $85,000 job.

According to township officials, Bilotti, who was suspended with pay in mid-May, retained a new attorney, James Addis of Hackensack. The postponement was granted to give his new legal counsel time to prepare.

Bilotti is facing possible expulsion from the fire department if he cannot produce proof of a high school education.

Earlier this year, Bilotti and Fire Chief Wayne Masiello were accused by two volunteer firefighters of attempting to rig the firefighters' entrance exam to get their relatives into the department. The firefighters charged that Masiello sought to get his son into the department while Bilotti was trying to pave the way for a nephew.

A fax purporting to be the results of the oral portion of the test, but later shown to have been altered, changed the scores of the two firefighters, pushing them down the eligibility list while pushing Masiello's son and Bilotti's nephew ahead.

Their civil action became moot after the township committee threw out the test results. However, a Union County grand jury is still probing whether the actions of any of those involved in altering the exam results rose to the level of an indictable offense.

During the course of the township's inquiry into Bilotti's academic record, officials questioned the photocopy of the captain's high school equivalency diploma, which reportedly has the name of a state education commissioner who did not hold the post at the time the diploma was issued.

According to David Fox, attorney for the Springfield firefighters union, Bilotti's original diploma was destroyed in a house fire.

Fox said Bilotti knew nothing about the document that township officials requested the state to verify.

Questions about Bilotti's high school academic record were raised in a lawsuit filed by a township firefighter challenging Bilotti's promotion to captain.

According to township administrator Ed Fanning, at the July hearing, Bilotti is being required to produce proof of his degree. Fanning said the township sent a copy of Bilotti's GED to the state Department of Education and officials there said they were unable to verify it as a valid document.

Springfield captain may have faked diploma
Thursday, May 15, 2008 3:32 PM EDT
By Joseph M. D'Alise
Observer Staff Writer

SPRINGFIELD, NJ - Once again, there is controversy and speculation surrounding a ranking official at the Springfield Fire Department.

Captain Michael Bilotti is facing possible termination from the fire department if he cannot produce proof of a high school diploma or a general educational development, or GED, diploma.

Bilotti, a 14-year member of the Springfield Fire Department was suspended with pay last week, according to township officials.

During the course of a recent investigation of the fire department, officials questioned the finding of a photocopy of the captain's high school diploma. The diploma Bilotti produced reportedly included the name of a state education commissioner who did not hold that position at the time the diploma was awarded to Bilotti.

According to Bilotti's attorney David Fox of Livingston, the captain's original diploma was destroyed in a house fire and he knows very little about the document that township officials will bring to the state for verification.

"(Bilotti's) position is that he took the GED 14 years ago," Fox said, "and he said he can produce proof to that effect."

Fox stood behind his client stating that Bilotti, who joined the department in 1994, has an exemplary record with no prior blemishes. "I think the town would like him to stay," Fox said.

Questions about Bilotti's academic record were initially raised in a prior lawsuit filed by a township firefighter challenging Bilotti's promotion to captain.

Mayor Bart Fraenkel could not say much about the matter due to the township's policy of not discussing personnel issues. He did, however, echo was what said during the township's reorganization meeting on Jan. 1.

"This township committee will do whatever has to be done to make sure that all things are above board and done properly. In each department in town, there has to be accountability," Fraenkel said.

Earlier this year, Bilotti and former Fire Chief Wayne Masiello were accused by two volunteer firefighters of rigging the firefighter's entrance exam to ensure a spot on the department for their relatives. According to Springfield Deputy Fire Chief James Sanford, though, this issue has no link to the current findings.

Though it has been difficult for the Springfield Fire Department, dealing with two major controversies in about six months, Sanford said, "There has been no detrimental effects shown by the firefighters."

According to Township Administrator Ed Fanning, Bilotti will be required to produce indisputable proof of his degree at a hearing to be held some time in June.

"The findings of the hearing," Fraenkel said, "will dictate what, if anything, will be done beyond that."

As a result of these claims, the township had no choice but to pursue the matter, according to Fanning.

"He will be at the hearing and will present his position," Fox said. "The copy (of Bilotti's GED) they found was not a copy of the original document. We intend to prove that he did receive a legitimate diploma and is more than qualified for his position, during the hearing."

On May 13 Springfield firefighters found a memorandum in the firehouse on Mountain Avenue from Sanford announcing Bilotti's suspension.

The memo informed the firefighters that Bilotti's firehouse key has been confiscated and he will only be allowed in the walls of the firehouse by appointment with none other than Sanford himself.

Fox alluded that it is possible that these allegations may lead to Bilotti's dismissal, but acknowledged that it may be too early to speculate.

"I really hope the captain can show proof of his GED," Fanning said. "That would be a better situation for everyone."

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124, or by sending an e-mail to TheObserver@TheLocalSource.com.
http://localsource.com/articles/2008/05/16/breaking_news/doc482c8fb88032f721906926.txt

Diploma dispute threatens Springfield fire captain
Bilotti suspended after inquiry into school record spurs validity question
Thursday, May 15, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

A Springfield fire captain is facing possible expulsion from the fire department if he cannot produce proof that he has a high school diploma or its equivalent.

Capt. Mark Bilotti, a 14-year veteran of the department who was accused by two volunteer firefighters earlier this year of attempting to rig the firefighters' entrance exam, was suspended with pay this week, according to township officials.

During the course of the township's inquiry into Bilotti's academic record, officials questioned the photocopy of the captain's high school equivalency diploma, which reportedly has the name of a state education commissioner who did not hold the post at the time the diploma was issued.

Bilotti's attorney, David Fox, said the captain's original diploma was destroyed in a house fire and that he knows nothing about the document that township officials requested the state to verify.

"He's not quite sure of how this document got to be," the attorney said. "All he is saying, is that document is somehow the wrong document."

Fox said Bilotti, who joined the department in 1994 and has an exemplary record, was "ready to testify that he did get a GED and he did validly do it."

Township Administrator Ed Fanning said a hearing, at which time Bilotti will be required to produce proof of his degree, will be convened by early June.

Questions about Bilotti's high school academic record were initially raised in a lawsuit filed by a township firefighter challenging Bilotti's promotion to captain.

As a result of those claims that Bilotti did not have a valid high school degree or GED, the township had no choice but to pursue the matter, Fanning said.

Mayor Bart Fraenkel, who already called for the prosecutor's office to investigate the firefighters' exam, said the Bilotti matter also had to be pursued.

"This township committee will do whatever has to be done to make sure that all things are above board and done properly. There has to be accountability," Fraenkel said.

Earlier this year, Bilotti was named in a civil action filed by two volunteer firefighters who accused him and Fire Chief Wayne Masiello of rigging the recent firefighters exam to get their relatives onto the department. The firefighters charged that Masiello sought to get his son on the department while Bilotti was trying to pave the way for a nephew.

A fax purporting to be the results of the oral portion of the test, but which was later shown to have been altered, changed the scores of the two firefighters, pushing them down the eligibility list while pushing Masiello's son and Bilotti's nephew ahead.

On Tuesday, a memo was posted at fire department's Mountain Avenue headquarters informing all township firefighters about Bilotti's suspension.

Deputy Fire Chief J. Sanford said Bilotti was required to surrender his key to the building and that he could access the building only by appointment and only with Sanford's approval.

According to Fanning, the township sent a copy of Bilotti's GED to the state Department of Education.

"They said they were unable to verify that it was a valid document," Fanning said, adding that he could not release many details prior to the officer's hearing.

"I just hope the captain can show he has a valid GED," Fanning said. "It would be better for everyone if he could."

Fox said Bilotti was facing disciplinary action that included potential termination.

Gabriel H. Gluck may be reached at (908) 302-1506 or ggluck@starledger.com.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-4/1210826300221210.xml&coll=1&thispage=1

Springfield fire captain may lose job if he can't prove school record
Wednesday May 14, 2008, 5:55 PM
Breaking News

by
Gabriel H. Gluck/The Star-Ledger

A Springfield fire captain is facing possible expulsion from the department if he cannot prove he has a high school diploma or its equivalent.

Capt. Mark Bilotti, a 14-year veteran of the department who was accused by two volunteer firefighters earlier this year of attempting to rig the firefighters' entrance exam, was suspended with pay this week, officials in the Union County township said.

During the course of the township's inquiry into Bilotti's academic record, officials questioned the photocopy of the captain's high school equivalency diploma, which reportedly has the name of a state education commissioner who did not hold the post at the time the diploma was issued.

Bilotti's attorney, David Fox, said the captain "doesn't know what that is or how that happened."

"All he is saying, is that document is somehow the wrong document," Fox said.

"He's not quite sure of how this document got to be," the attorney said, adding that Bilotti's original diploma was destroyed in a house fire.

Fox said Bilotti, who joined the department in 1994 and had an exemplary record, was "ready to testify that he did get a GED and he did validly do it."

Township Administrator Ed Fanning said a hearing, at which time Bilotti will be required to produce proof of his degree, will be convened by early June.

Questions about Bilotti's high school academic record were initially raised in a lawsuit filed by firefighter challenging Bilotti's promotion to captain.

As a result of those claims that Belotti did not have a valid high school degree or GED, the township had no choice but to pursue the matter, Fanning said.
http://www.nj.com/news/index.ssf/2008/05/springfield_fire_captain_may_l.html


Township fire officials testify
Wednesday, April 30, 2008
By Joseph M. D'Alise
Observer Staff Writer

SPRINGFIELD, NJ -  Several people involved with the Springfield Fire Department testified Friday before a Union County Grand Jury regarding allegations that the firefighters entrance exam was rigged to enable the hiring of relatives of two senior officers. Among those before the jury were  Adam Masiello, the son of former Fire Cheif Wayne Masiello; firefighters Tim Benford and Altay Vigilante; volunteer firefighter Dino D'Angelo; and Fire Captain Michael Bilotti. Volunteer Connor Hamilton was not able to speak before the jury on Friday, but may in the future.

Union County Prosecutor Theodore Romankow declined comment on the case because of the office's policy of not discussing active investigations.

Several months ago, Hamilton and D'Angelo appeared in court seeking to block the Springfield Township Committee from filing any of the paid positions on the fire department using the results of the test in question. Hamilton and D'Angelo claimed  that recently retired Chief Masiello attempted to rig the department's hiring process to insure his son's placement toward the top of the eligibility list.

He also accused Bilotti of attempting to skew the results of the hiring exam so that Bilotti's nephew could secure a spot on the paid division of the fire department as well. While D'Angelo testified about some of the things he observed during the course of the firefighters' exam, it is not thought that he has any information or knowledge about what will be one of the most critical elements in the case: a fax sent to Masiello with the candidates' scores on the oral exam.

In the lawsuit brought by the two firefighters, evidence was brought forth that the test scores for the candidates were altered and that the fax that arrived in fire headquarters, containing the test results, was a forgery. Attempts to reach Masiello went unanswered.

D'Angelo and Hamilton have accused Masiello of altering the results. The altered scores pushed them further down the eligibility list while enhancing the scores of Masiello's son and Bilotti's nephew. While the Township Committee has since thrown out the exam results, the altering of those test results would be a crucial part of this investigation.

Mayor Bart Fraenkel, who  urged the prosecutor's office to investigate the issue, said that with all the allegations, he believed the matter had to be resolved soon.
http://localsource.com/articles/2008/05/01/springfield/local_news/doc4818d53fb4bca910857589.txt

Grand jury hears of rigged test
Aggrieved firefighters expected to testify
Friday, April 25, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

Two Springfield volunteer firefighters are expected to testify today before a Union County grand jury probing allegations that a firefighters exam was rigged to enable the hiring of relatives of two senior officers.

Union County Prosecutor Ted Romankow, citing the office's policy of not discussing active investigations, declined comment on the case.

Two months ago, Springfield volunteer firefighter Dino D'Angelo went to court seeking to block the township from filling any of the paid positions on the fire department. D'Angelo claimed Fire Chief Wayne Masiello attempted to rig the department's hiring process to get his son a job. He also accused Capt. Michael Bilotti of attempting to affect the results of the hiring exam so that Bilotti's nephew could secure a slot with the paid division of the fire department.

D'Angelo was soon joined by volunteer firefighter Connor Hamilton, who claimed that he too was unfairly denied a chance to join the department because of the actions of the two senior officers.

While D'Angelo and Hamilton are expected to testify about some of the things they observed during the course of the firefighters exam, it is not believed they have any first-hand knowledge about what is expected to be one of the most critical elements in the case -- a fax with the candidates' scores on the oral exam.

In the lawsuit brought by the two firefighters, evidence emerged that the test scores for the candidates were altered and that the fax that arrived in fire headquarters purporting to be the test results was a forgery. D'Angelo and Hamilton have accused Masiello of altering the results. The altered scores pushed them further down the eligibility list while pushing Masiello's son and Bilotti's nephew ahead.

While the township committee has since thrown out the exam results, D'Angelo and Hamilton's legal papers never explained how Masiello changed the results and for a grand jury probing possible criminal wrongdoing, the altering of those test results would be a fundamental part of any investigation.

Mayor Bart Fraenkel, who last month requested the prosecutor's office to investigate, said that with all the allegations, he believed the matter had to be resolved, al though he suggested that residents might not learn the full story.

"All I want, is that they do whatever they need to do to bring this to a close, one way or another," Fraenkel said. "How anything happened, is what they'll find out -- or what they won't find out."

Gabriel H. Gluck may be reached at (908) 302-1506 or ggluck@starledger.com.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-3/120909817442270.xml&coll=1

Hearing gives no closure
Wednesday, April 23, 2008
By Joseph M. D'Alise
Observer Staff Writer

 

 
SPRINGFIELD, NJ -  Union County Assignment Judge Walter Barisonek presided over a hearing on Friday regarding the status of the Springfield volunteer firefighters. This hearing, designed to end the ongoing controversy in the department, ended up solving nothing as the judge ruled that this should be a matter for the Township Committee.

Englewood attorney Michael Prigoff represented volunteer firefighters Connor Hamilton and Dino D'Angelo, who feel they were cheated out of a spot on the Fire Department's paid division. On Friday at the Union County Courthouse, Prigoff filed a motion, declaring the appointment of paid firefighters to the Springfield Fire Department, or SFD, to serve at least two active years on the Volunteer SFD and to be between the ages of 21 and 40.

Prigoff argued that volunteers would be better candidates for the paid division because, "they respond to all the same calls, take the same risks, use the same equipment and are under the direction of the same chief."

Prigoff also raised the point that similar towns in the area have this type of ordinance on the books, such as Cranford. Barisonek, first raised a question regarding the language in the motion, asking what criteria would Springfield use to determine what makes a volunteer firefighter ‘active.'

It was ultimately decided by Barisonek that the Township of Springfield, not he or the court system, must decide what the next move is. After retired Fire Chief Wayne Masiello was accused of nepotism within the Fire Department, the Township Committee threw out the results to the test in question, as well as the ordinance on the books regarding the hiring of firefighters.

 
"What they ultimately do is up to the Mayor and committee," Barisonek  said. "We don't know what Springfield will do in the passing of a resolution. This matter involves safety in Springfield; it is not a major public interest matter."

Barisonek  ruled that there was no justifiable issue for the court to decide. Since all the tests and ordinances were thrown out, all the issues were moot.

Regarding the court's decision not to rule in favor of the prosecution, Prigoff said that he understood the decision and that he was "encouraged."

"He rendered a decision that I do not think was inappropriate," Prigoff said. "We will still go ahead with other causes of action and if the Fire Department does not give priority to the volunteers we will be right back (in court)."

 
Since the questionable tests have been thrown out and rendered moot, Hamilton feels that there should at least be some sort of monetary reimbursement.

"It costs $75 to take the test, and there were 71 test takers," Hamilton pointed out. "I would like to know where all that money went, and if any of it will be reimbursed."

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124., or
TheObserver@TheLocalSource.com.
http://www.localsource.com/articles/2008/04/25/springfield/local_news/doc480f81e81befa360748809.txt

Investigation of chief begins
Wednesday, April 2, 2008

By Joseph M. D'Alise
Observer Staff Writer

SPRINGFIELD, NJ - Retired Springfield Fire Chief Wayne Masiello's legal team was given an opportunity Friday morning to present information to Union County Assignment Judge Walter Barisonek in defense of Masiello and recent allegations made against him by two volunteer firefighters.

Masiello's legal team presented Barisonek with a fax that was allegedly received by Masiello from Chief John Mauro, who chairs the state's examination committee, presenting Masiello with the same scores that Masiello, in turn, posted in the fire department.

Upon further examination, Mauro claimed that the document presented was forged and was not what he faxed to Masiello.

Dino D'Angelo and Connor Hamilton, who are being advised by their attorney Michael Prigoff, are accusing the township's fire chief of attempting to rig the department's hiring process to ensure a job for his son.

The scores of the controversial oral exam, administered by the New Jersey State Career Fire Chiefs Association, were said to be altered before being posted by Masiello. When Masiello presented the scores, D'Angelo's score was suppressed, dropping from an 8.25 to a 4.25 and Hamilton's from a 9.5 to 5.6, according to the court papers.

While their scores were being lowered, the grades for the chief's son, Adam, and Captain Michael Bilotti's nephew, Jeremy, were raised substantially. Adam Masiello's grade, was raised from a 3.25 to a 9.3, and Jeremy Bilotti's, grade rose from a 2.75 to a 7.0.

The Union County Prosecutor's Office will continue its investigation of the fire department.

Union County Prosecutor Theodore J. Romankow recently issued a subpoena to Prigoff for documents regarding the entire entrance exam.


The investigation was prompted by Springfield Mayor Bart Fraenkel several weeks ago.

Regarding the investigation, Fraenkel said, "There's an independent third party handling this now. We can just stand out of the way now and let due process run its course."

Masiello informed the Fire Department and the township, recently, of his plans to retire. This announcement came several weeks after the allegations began.
http://localsource.com/articles/2008/04/02/springfield/local_news/doc47f3b3da888ac402094614.txt

Investigation of fire chief begins
Wednesday, March 26, 2008
By Joseph M. D'Alise
Observer Staff Writer

SPRINGFIELD, NJ -  The Union County Prosecutor's Office recently began an investigation of the Springfield Fire Department and allegations that the fire chief rigged an eligibility exam to insure his son a position on the department's paid division.

The prosecutor's staff seized computers from the Fire Department and sealed the chief's office on March 20, as well as placing a stack of documents in the township's safe until further notice. The investigation came after a request made by the Township Committee that the prosecutor's office look further into allegations made last month by two volunteer firefighters who said that the chief was being unethical in grading the entrance exam. The two volunteers, Dino D'Angelo and Connor Hamilton, claim there is video evidence that shows Fire Chief Wayne Masiello's son, Adam, struggling on part of his physical exam, along with receiving an extraordinarily high score on his oral exam.

This score would ensure his placement towards the top of the eligibility list for a career in the fire department.

Eileen Walsh, an executive to the assistant prosecutor, said that the office does not typically acknowledge the fact that an investigation is in progress, but realized that numerous people had seen members of Union County Prosecutor Theodore J. Romankow's staff at the Fire Department and in the municipal building.

"I guess in this case it was pretty obvious that an investigation was underway," Walsh said.

Springfield Mayor Bart Fraenkel, who prompted the County Prosecutor to become involved, seemed pleased with the work being done to investigate this case.

"There's an independent third party handling this now. We can just stand out of the way now and let due process run its course," Fraenkel said.

Fraenkel, who was asked about Masiello's legacy, said that everyone will have their own opinion and felt it would not be appropriate to comment at this point.

In recent court papers filed by Michael Prigoff, the attorney representing the two volunteers, a comparison was made between the grades posted by Masiello for the oral part of the exam, and the original results prepared by the New Jersey State Career Fire Chiefs Association.

 
When Masiello presented the scores, D'Angelo's score was suppressed, dropping from an 8.25 to a 4.25 and Hamilton's from a 9.5 to 5.6, according to the court papers.

While their scores were being lowered, the grades for the chief's son and Captain Michael Bilotti's nephew, Jeremy, were raised substantially. Adam Masiello's grade, was raised from a 3.25 to a 9.3, and Jeremy Bilotti's, grade rose from a 2.75 to a 7.0. After serving the community for 25 years, including one year as chief, Masiello informed the Fire Department and the township last week of his plans to retire. This announcement came several weeks after the allegations began.

In a memo left in the fire house, Masiello informed his co-workers that his decision was made due to medical reasons. Masiello failed to return phone calls seeking further comment.

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124, or
TheObserver@TheLocalSource.com.
http://localsource.com/articles/2008/03/27/springfield/local_news/doc47ea8291c1825003377809.txt

Computers seized at Springfield Fire Department
Chief's office also sealed as part of probe into allegations of exam rigging

Friday, March 21, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

The Union County Prosecutor's Office yesterday seized computers at the Springfield Fire Department as part of a probe into allegations that a recent firefighters exam was rigged to enable the relatives of senior officers to get jobs with the department.

The prosecutor's staff also sealed off the office of the fire chief and requested a host of documents to be placed in a township safe until further notice, officials said. The seizure follows a request made last week by the township's governing body that the prosecutor's office investigate the claims of two volunteer firefighters that the exam was rigged by senior fire officials.

The two firefighters, Dino D'Angelo and Connor Hamilton, contend the exam results were deliberately forged and altered to enable the eventual hiring of the son of Fire Chief Wayne Masiello and the nephew of Capt. Michael Bilotti. They claim a true copy of the scores in the oral portion of the exam reveals how their scores were deliberately lowered, while the scores for Masiello's son and Bilotti's nephew were spiked to push them towards the top of the hiring list.

Masiello, a 25-year veteran of the department, informed township officials last Thursday that he had filed for retirement and that he intended to use up his accrued time until July 1, when his retirement would become effective. In a note posted to members of the department, Masiello, who had served as chief for only a year, said his departure was for medical reasons. However, he did not elaborate and he has declined to return phone calls requesting comment.

Mayor Bart Fraenkel, who initiated the call for the investigation, said he was pleased the prosecutor's office was getting involved.

"Now that the prosecutor's office has it, whatever their findings are, whichever way it goes, I hope it gets the same headlines," Fraenkel said. "If he (Masiello) is found to be innocent, he deserves to walk around town with his head held high. And if he's not, he'll have to bear the consequence of their findings."

Fraenkel said that as a result of the prosecutor's decision to seal off the chief's office, the door locks were changed to prevent any unauthorized entry.

Union County Prosecutor Theodore Romankow said that while the office does not normally acknowledge investigations, he realized that numerous people witnessed the members of his staff at the fire department and the municipal building. Township officials were cooperating with his staff, he said.

In the latest court papers filed in the case, Englewood attorney Michael Prigoff, who is representing the two firefighters, said a comparison between the grades posted by the fire chief for the oral portion of the exam and the original document prepared by the New Jersey State Career Fire Chiefs Association showed there was "outright fraud in the conduct of the selection process."

In the original fire chief's association report, Hamilton scored a 9.5 on his oral exam. But in the version posted by Masiello, Hamilton scored a 5.6. D'Angelo's score was also altered, dropped from an 8.25 to a 4.25, according to court papers.

While their scores were being lowered, the grades for the chief's son and the captain's nephew were raised substantially. Adam Masiello's grade, which had been a 3.25, was raised to a 9.3, while Jeremy Bilotti's grade went from a 2.75 to a 7.0.

Although those changes were some of the more extreme, the grades of some of the other applicants were also altered, according to the lawsuit.

Gabriel H. Gluck may be reached at (908) 302-1506 or ggluck@starledger.com.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-3/1206077830253190.xml&coll=1


Springfield's embattled fire chief retires
Move follows allegations he rigged exam

Sunday, March 16, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

Amid accusations that he rigged a firefighters exam to get his son into the department, Springfield Fire Chief Wayne Masiello has put in for retirement.

Masiello, 56, leaves the $125,166 post after serving 25 years with the department, said Township Administrator Ed Fanning, who was notified by the chief Thursday afternoon that he had submitted the necessary paperwork to Trenton and would be retiring as of July 1.

However, Thursday marked Masiello's last day at the department's Mountain Avenue headquarters because he will be using vacation time and terminal leave, which will lead up to his retirement date.

Mayor Bart Fraenkel said Masiello's decision did not alter the township committee's belief that the Union County Prosecutor's Office was needed to investigate the circumstances surrounding a recent fire department entrance exam.

Two township volunteer firefighters have filed a lawsuit alleging the exam results were deliberately altered to enable the eventual hiring of Masiello's son and the nephew of Capt. Michael Bilotti.

In court papers filed last week, the two firefighters, Dino D'Angelo and Connor Hamilton, say they now have evidence proving that test results were forged and altered to enable the hiring of the senior officers' relatives.

Masiello and Bilotti have not commented on the charges. However, in a memo posted in fire headquarters, Masiello told firefighters, "I have chosen to (retire) due to medical reasons and not for any other reason."
http://www.nj.com/news/ledger/union/index.ssf?/base/news-3/1205646130105450.xml&coll=1


Chief could be 'under fire' over test
Wednesday, March 12, 2008
Joseph M. D'Alise
Observer Staff Writer

SPRINGFIELD, NJ -
Recent information uncovered in the ongoing legal battle between two Springfield volunteer firefighters and the fire chief could end with Chief Wayne Masiello being removed from his position.

Connor Hamilton and Dino D'Angelo, the two firefighters have accused Masiello, of rigging an oral exam to ensure his son, Adam, and a fire captain's nephew, Jeremy Bilotti, a spot towards the top of the eligibility list for the paid division of the department.

Hamilton and D'Angelo's attorney, Michael Prigoff, has now filed a motion to amend the complaint.

Recent legal documents blame township officials for not acting against Chief Masiello, and also using his recommendations to hire two new firefighters to fill recent vacancies.

"My clients have had to carry the burden of what the township should have done," Prigoff said.

Unsure of what could legally be said at this time, Springfield Mayor Bart Fraenkel responded, "Without being too evasive, we have to let the legal system have its due process. For us to make any assumptions at this point would be improper.

"I want this to be as open as possible throughout. I don't want to throw anyone under the bus or defend anyone at this time."

Fraenkel echoed his statements at Tuesday night's Township Committee meeting.


 
"We are in a situation that stinks," Fraenkel said, "because this town is now in the spotlight. I am not saying that anyone is guilty, but we do need to investigate."

The court papers also ask Superior Court Assignment Judge Walter Barisonek, who has heard this case for several weeks now, to suspend  Masiello immediately and order a hearing to remove him permanently from his position as chief.

Allegedly, the written exam was in Masiello's home the night before the written test and Captian Bilotti and Chief Masiello were present during the physical portion of the exam.

Hamilton and D'Angelo also claim that there is video evidence proving that a portion of the physical exam was botched by Masiello and Bilotti with no repercussions.

Although these allegations have raised some eyebrows around town, the most serious allegations surround the oral portion of the exam.

According to Prigoff, it has since been determined that the oral section was administered by members of the New Jersey State Career Fire Chiefs Association, or NJSCFCA.

The motion, filed by Prigoff, to amend the complaints, came after he was finally able to obtain an official copy of the grades given to the applicants by the NJSCFCA.

When that report was compared with the copy of the grades posted by Masiello, the letterhead was the same, but the firefighters' scores were different.

According to the original scores, Hamilton scored a 9.5 on his oral exam. In the version posted by Chief Masiello, though, Hamilton scored a 5.6.

D'Angelo's score was also suppressed, dropping from an 8.25 to a 4.25, according to court papers.

While their scores were being lowered, the grades for the chief's son and the captain's nephew were raised substantially. Adam Masiello's grade, was raised from a 3.25 to a 9.3, and Jeremy Bilotti's grade rose from a 2.75 to a 7.0.

"If you look at all the original scores, those should be a representation of who should be appointed," Prigoff said.

The original scores would have placed Hamilton and D'Angelo numbers one and three on the appointment list respectively, rather than eight and nine out of 10, respectively, on Chief Masiello's list. Furthermore, Adam Masiello and Jeremy Bilotti would have been numbers nine and 10 out of 10, respectively, rather than two and six respectively on Chief Masiello's list.

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124, or
TheObserver@TheLocalSource.com

http://localsource.com/articles/2008/03/13/springfield/local_news/doc47d817ad2e8e6361533242.txt

Probe sought in firefighter test flap
Springfield agrees to ask prosecutor
Wednesday, March 12, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

Amid allegations a Springfield Fire Department entrance exam was rigged by senior fire officials, the township committee voted last night to ask the Union County Prosecutor's Office to investigate the matter.

Prompted by Mayor Bart Fraenkel, the committee voiced unanimous support for the prosecutor's office to investigate charges contained in a lawsuit brought by two volunteer firefighters who al lege exam results were deliberately altered to enable the eventual hir ing of the son of Fire Chief Wayne Masiello and the nephew of Capt. Michael Bilotti.

In papers filed Monday in Superior Court, the two firefighters say they now have evidence proving test results were forged and altered to enable the hiring of the senior officers' relatives.

Union County Assistant Prosecutor William Kolano, who oversees the special prosecutions unit that would handle a municipal investigation, said there was little he could say until the office receives an official request from Springfield.

"When it gets sent to our office, we will take it and evaluate it, and determine a course of action -- after we have received a formal request," Kolano said.

Fraenkel told his fellow committee members that given all the "innuendo, rumor and accusations" involving the fire department, he believed the township needed the prosecutor's office to investigate the matter.

"We're in a situation ... it stinks, it stinks on a number of levels," Fraenkel said.

The mayor told residents the committee has tried to be open in everything it has done and, by bringing in the prosecutor's office, an impartial agency, the findings would be more acceptable to most residents.

Township Administrator Ed Fanning also reported last night that, contrary to the firefighters' initial allegations about the written exams being at Masiello's home the evening prior to the exam, the tests were delivered in a sealed container to the municipal clerk's office, where they were locked away until the day of the exam.

In the latest court papers, the two firefighters called upon Superior Court Assignment Judge Walter Barisonek, who is hearing the case in Elizabeth, to suspend Ma siello immediately and order a hearing to remove him permanently as chief.

Englewood attorney Michael Prigoff, representing the two firefighters, said a comparison between the grades posted by the chief for the oral portion of the exam and the original document prepared by the New Jersey State Career Fire Chiefs Association showed there was "outright fraud in the conduct of the selection process."

The letterheads on the report from the association and the list posted by Masiello were the same, but the firefighters' scores were different.

While the high scores volunteer firefighters Connor Hamilton and Dino D'Angelo received from the interviewers were dropped considerably, the grades for the chief's son and the captain's nephew were raised substantially, according to court papers.

Gabriel H. Gluck may be reached at (908) 302-1506 or ggluck@starledger.com.
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Suit alleges fraud in Springfield firefighters exam
Pair claim chief altered results to favor his son and captain's nephew
Tuesday, March 11, 2008 BY GABRIEL H. GLUCK
Star-Ledger Staff

Claiming to have evidence proving a Springfield fire chief forged and altered the results of a firefighters exam, two township volunteer firefighters are asking a Superior Court judge to remove the chief from office.

The new allegations, contained in court papers filed yesterday in Superior Court in Elizabeth, are part of an ongoing lawsuit filed by volunteer firefighters Dino D'Angelo and Connor Hamilton. The two, who wanted to join the department's paid professional division, allege the entrance examination process was rigged to favor Fire Chief Wayne Masiello's son and Capt. Michael Bilotti's nephew.

The new legal papers fault township officials for taking no action against Masiello and then relying upon his recommendations to fill two recent vacancies.

The papers call upon Superior Court Assignment Judge Walter Barisonek, who is hearing the case, to suspend Masiello immediately and order a hearing to remove him permanently as chief.

Mayor Bart Fraenkel said there was little that could be said about the situation.

"It's ongoing litigation at this point. It really would be improper for me to speak about it," the mayor said. "I'm not trying to avoid it. I'm just trying to do what's proper."

While the two firefighters maintain there were numerous irregularities surrounding the exam -- the written portion was at the chief's home, where his son lives, the night before the test, and the presence of Masiello and Capt. Michael Bilotti during physical testing -- the most serious allegations surround the oral portion of the exam.

The lawsuit also contends there is a videotape showing the chief's son flubbing part of his physical exam, although his grade does not reflect his poor performance.

When the case was first filed, questions were raised about the involvement of Westfield firefighters in the oral portion of the exam.

Englewood attorney Michael Prigoff, who is representing the two firefighters, said it has since been determined that the oral section was administered by members of the New Jersey State Career Fire Chiefs Association.

Prigoff states in the new legal papers that he was finally able to obtain an official copy of the grades given the applicants by the chiefs' association.

However, when that report was compared with the copy of the grades posted by Masiello, the letterhead was the same, but the firefighters' scores were different.

In the original, Hamilton scored a 9.5 on his oral exam. But in the version posted by the fire chief, Hamilton scored a 5.6. D'Angelo's score was also altered, dropped from an 8.25 to a 4.25, according to court papers.

While their scores were being lowered, the grades for the chief's son and the captain's nephew were raised substantially. Adam Masiello's grade, which had been a 3.25, was raised to a 9.3, while Jeremy Bilotti's grade went from a 2.75 to a 7.0.

Although those changes were some of the more extreme, the grades of some of the other applicants were also altered, according to the lawsuit.

The "alleged communication from the NJSCFCA (listing the applicants' scores in the oral portion) was forged to reflect false scores favoring Adam Masiello and Jeremy Bilotti," Prigoff said. "It is now readily apparent that there was outright fraud in the conduct of the selection process conducted by Chief Masiello. Moreover, there appears to be complicity by township officials as well."

While Prigoff did not identify the other officials, he questioned how the township, which hired an attorney in December to investigate the exam process, could continue to defend the exam when all it took was "a couple of phone calls" to determine the test results were a forgery.

Prigoff said that if the township knew the scores had been altered, then defending the exam in court was "completely reprehensible." And "if it did not discover the fraud, it should have," he said.

Gabriel H. Gluck may be reached at (908) 302-1506 or ggluck@starledger.com.
http://www.nj.com/news/ledger/union/index.ssf?/base/news-3/12052138057570.xml&coll=1&thispage=1

Only an outside probe will do
Tuesday, March 11, 2008
Star-Ledger Op-Ed, New Jersey Section

The allegations of corruption in Springfield Township, Union County, demand an outside investigation.

Only an outside probe, by the county prosecutor or some other independent agency, can clear the air on charges that a fire department employment test was rigged to help job-seeking relatives of senior fire officials.

The township committee did the right thing last month by throwing out the fire department hiring exam and ordering a redo on picking new firefighters for the 25-member paid force.

But determining what is behind the serious accusations will take some professional investigative chops. And there seems to be plenty to investigate.

Springfield, like some other New Jersey municipalities, has both paid and volunteer firefighters. Two volunteers who wanted to make the jump to the paid positions have filed a lawsuit charg ing that the son of the fire chief got placed near the top of the eligibility list despite flubbing his physical exam.

The chief's son also supposedly received an extraordinarily high grade on the oral portion of the firefighter test, and so did the nephew of a fire department captain, allegedly because someone altered a test scoring report. Then there is the claim that the chief had a copy of the written examination at his house the night before the test, where his son could gain access to it.

On top of all that, a companion court filing contends township officials were informed of the problems but dragged their feet on doing anything about it.

Obviously, no hometown probe will do here. The results, no matter how they came down, would always be subject to doubt, with understandable suspicions of a whitewash.

Moreover, these allegations are serious enough that, if true, they could result in criminal charges. A probe clearly is a matter for the prosecutor's office.

Springfield Mayor Bart Fraenkel says he has no problem with Prosecutor Theodore Romankow looking into the situation. So it is puzzling that Fraenkel and the township committee so far haven't requested Romankow's help.

The mayor and committee should remedy that as soon as possible. Springfield residents need to be assured that their firefighters are being hired based on merit, not personal connections.
http://www.nj.com/opinion/ledger/index.ssf?/base/news-2/12052138217570.xml&coll=1


Chief accused of nepotism
Thursday, February 28, 2008 11:07 AM CST
By Joseph M. D'Alise, Staff Writer

SPRINGFIELD, NJ - Two Springfield volunteer firefighters, Dino D'Angelo and Connor Hamilton, are accusing the township's fire chief of attempting to rig the department's hiring process to ensure a job for his son.

According to D'Angelo, there is video evidence that shows Fire Chief Wayne Masiello's son, Adam, botching part of his physical exam, along with receiving an extraordinarily high score on his oral exam.

This score would ensure his placement towards the top of the eligibility list for a career in the Fire Department.

D'Angelo also alleges that the written exam was in Chief Masiello's home the night before the written test and that Captain Michael Bilotti was also seeking to pave the way for his nephew, Jeremy, to secure a slot with the paid division of the fire department. Township Attorney Bruce Bergen rejected their claims.

"The chief was meticulous in ensuring that the entire process was fair and that he was not in a position to influence the outcome," Bergen said. "The township believes that the process that we used was proper. Many of the allegations that Mr. D'Angelo has put forth are, to our belief, factually incorrect."

According to Bergen, the two candidates were not able to be hired regardless due to the rank of their relatives in the fire department.

"The chief's son and the captain's nephew are not eligible to be hired. They may be on the list, but they are not eligible as long as their relatives are in a supervisory position in the fire department," Bergen said.

The Township's fire department uses the services of both paid and volunteer firefighters.

While Masiello and Bilotti's scores were boosted, D'Angelo and Hamilton allege that theirs were suppressed to put them out of the running for the upcoming openings in the department.

Michael Prigoff, D'Angelo and Hamilton's attorney, said, "We have subpoenas for all the test scores and related documents. We will look into any fraud that could have taken place here, including maybe the switching of my clients scores with that of the defendants'." Adam Masiello received a score of 9.3 out of 10 on his oral exam and Jeremy Bilotti scored a 7.0 out of 10. These scores ranked Masiello and Bilotti, numbers two and three respectively.

"Scores on the in-person interview, conducted by friends of defendant Masiello, were manipulated to assure that Adam Masiello and Jeremy Bilotti were high enough on the appointment list to be eligible for appointment within the next year," court papers stated.

Prigoff maintains that during the physical portion of the exam, Adam Masiello ran into some trouble carrying a ladder and that he was helped at one point.

Prigoff questioned how the chief's son, with minimal firefighting experience, could score so highly on the oral section, while his client, D'Angelo, a certified paramedic with CPR training who finished at the top of his firefighter training classes, received a 4.25 out of 10.

A hearing on Friday before Union County Superior Court Assignment Judge Walter Barisonek in Elizabeth resulted in freezing the Department's hiring process until the matter is resolved. D'Angelo and Hamilton are passing a petition around town asking the Township to establish an ordinance to make all future appointments to its career department from the ranks of its dedicated volunteer department.

"It's a shame," said Prigoff, "because you want to encourage people to join the volunteer department with the hope of becoming part of the paid department in the future."

Joseph M. D'Alise can be reached at 908-686-7700, ext. 124, or
TheObserver@TheLocalSource.com.
http://www.localsource.com/articles/2008/03/03/springfield/local_news/doc47c6e00e62d2d422825513.txt

Firefighters test tossed over claim of rigging
Lawsuit launches probe in Springfield
Wednesday, February 27, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

Springfield is throwing out the results of an exam that several volunteer firefighters contend was rigged to help the relatives of senior fire officials get jobs with the department.

Mayor Bart Fraenkel said township officials will redo the hiring process in the wake of allegations that portions of the test were compromised to help Fire Chief Wayne Masiello's son and Capt. Michael Bilotti's nephew.

Frankel said the matter would be investigated to determine exactly what happened.

"We will take whatever steps are necessary," the mayor said. "We won't hold back on anything."

Last Friday, Superior Court Assignment Judge Walter Barisonek issued a court order forbidding the township from utilizing the exam until a lawsuit brought by two volunteer firefighters, Dino D'Angelo and Connor Hamilton, is resolved.

The lawsuit contends there is videotape showing the chief's son flubbing part of his physical exam. It also questions his extraordinarily high grade on the oral exam -- a grade that would ensure his placement toward the top of the eligibility list.

It is also alleged that the night before the test the written exam was in Masiello's home, where his son could have access to it.

The lawsuit questions why Masiello and Bilotti were involved at various junctures in the testing when they should have removed themselves, and questioned why candidates were asked to identify themselves for the oral exam when it was supposed to be administered anonymously.

Attempts to reach Masiello and Bilotti for comment have been unsuccessful. Messages have been left for them at the township's fire house.

On Monday night, following a meeting in closed session, the township committee voted to rescind the firefighters exam.

However, the staffing shortage still had to be addressed, Fraenkel said.

After listening to the various criteria used to evaluate local firefighters, including the number of calls each volunteer responded to, the governing body selected two local volunteers for the paid positions that were open in the department, the mayor said.

"We needed to hire two people for the health and safety of our town, for the good for our community," Fraenkel said.

Michael Prigoff, attorney for D'Angelo and Hamilton, said there were still problems with the township's response.

"While we're glad that they've gotten rid of the list, they have not committed to following state law in giving preference to their active volunteers," he said.

Prigoff said he was also concerned the governing body "doesn't appear to have addressed the underlying circumstances of what happened with this test."

While he could understand the hiring of one of the candidates, who turns 40 tomorrow and would then be disqualified from applying to the department, Prigoff questioned filling both positions

With the oral portion of the exam removed, at least one of the volunteers he is representing should have moved to the top of the list, Prigoff said.

"Without the oral, my guys would have been in," he said. "My guys feel they spent a ton of money, put a lot of effort into doing well on the test, and what do they have to show for it? They're back at square one."

Gabriel H. Gluck may be reached at (908) 302-1506 or ggluck@starledger.com.
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2nd Springfield firefighter says job exam was rigged
Sunday, February 24, 2008
BY GABRIEL H. GLUCK
Star-Ledger Staff

With a second Springfield volunteer firefighter about to join a lawsuit accusing senior fire department officials of rigging an entrance exam, the township committee is expected to meet tomorrow night to discuss its response to a court order suspending any new hires to the department.

Volunteer firefighter Connor Hamilton said that at first he did not join the lawsuit for fear his involvement would jeopardize his chances of getting an appointment as a paid firefighter. Hamilton, 23, made the statements in a sworn affidavit filed with the court.

On Friday, state Superior Court Assignment Judge Walter Barisonek told Springfield officials they could not go ahead with plans to hire two new firefighters until the lawsuit was resolved.

Barisonek also granted Englewood attorney Michael Prigoff an additional 10 days to amend his lawsuit to include Hamilton, who joins a fellow firefighter's charges that the recent testing conducted by the fire department was rigged to favor Fire Chief Wayne Masiello's son and Capt. Michael Bilotti's nephew.

Hamilton said in his affidavit that after reading the township's response to firefighter Dino D'Angelo's lawsuit, he could "no longer remain silent."

Masiello's responses in township legal papers, Hamilton alleged, included "a number of inaccurate and misleading statements," especially about the testing procedures. Hamilton said Masiello did not remove himself from the selection process and was present at various times throughout the testing, as was Bilotti.

Township Attorney Bruce Bergen, who attended Friday's court hearing in Elizabeth, said he had been instructed not to comment on Barisonek's rulings.

"The township committee will officially learn of the decision Monday night and then they will decide what to do," Bergen said.

The case before Barisonek stems from a lawsuit brought by D'Angelo.

D'Angelo contends there is videotape showing the chief's son flubbing part of his physical exam, along with receiving an extraordinarily high grade on his oral exam to ensure his placement toward the top of the eligibility list.

D'Angelo also alleges that the written exam was in Masiello's home the night before the test, where his son could have access to it.

Prigoff argues that Masiello and Bilotti were involved at various junctures in the testing when they should have removed themselves. He also questions why, when the oral exam was supposed to be administered anonymously, with questioners not knowing the identities of the candidates, that the Westfield firefighters conducting the interviews asked the candidates to identify themselves.

Prigoff questioned how the chief's son, with minimal firefighting experience, could score so high on the oral section, a 9.3 out of 10, while his client, D'Angelo, a certified paramedic with CPR training, who finished at the top of his firefighter training classes, received a 4.25. Capt. Bilotti's nephew, Jeremy Bilotti, who had no experience as a Springfield volunteer firefighter, scored a 7.0 on the oral section.

The attorney also maintains that during the physical portion of the exam, Masiello's son, Adam, ran into trouble carrying a ladder and that he was helped at one point and should never have received the score he did.

Earlier this month, after D'Angelo's lawsuit was filed, Bergen said that based on anti-nepotism rules, there were no plans to hire either the chief's son or the captain's nephew.

Because the lawsuit could potentially throw out the entire test for the fire department and affect all of the applicants, Barisonek also ordered that all the applicants be notified of the lawsuit, should they wish to be represented by counsel in the case.

Springfield was also instructed to preserve all of the records related to the selection process used in this latest round of testing.

Gabriel H. Gluck may be reached at (908) 302-1506 or ggluck@starledger.com.

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