Former Palisades Park councilwoman sues borough for releasing hot mic conversation

PALISADES PARK — A former councilwoman is suing the borough and mayor for releasing what the lawsuit calls a private conversation with an attorney to the media without her consent or warning.

Cynthia Pirrera, a councilwoman from 2004 until 2023, filed the lawsuit this week in state Superior Court. The suit says the borough and mayor violated the Wiretap Act and are refusing to honor a written agreement to provide medical and prescription drug benefits.

A hot mic in Borough Hall captured the conversation between Pirrera and John Schettino, who was the borough attorney at the time, before the Jan. 31, 2023, council meeting. In the recording, Pirrera was also heard talking to the police chief and others who went in and out of the room, as they discussed future litigation, police personnel issues and controversy over a vacant council seat.

During that time, Pirrera was council president and opposed the policies of Mayor Chong "Paul" Kim.

The two hours of audio provide an unfiltered glimpse into the inner workings of a divided council, backroom deals in the works, what led to an internal fight and ongoing litigation over a vacant council seat, and police issues that include Pirrera's son, a borough police officer.

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The recording of the conversations was obtained by The Record and NorthJersey.com through an Open Public Records Act request. The conversations were recorded by a live microphone inside the Borough Council chambers, where signs warn that the area is under 24-hour audio and video surveillance.

The lawsuit says the recording was an "unlawful interception and recording of the meeting" between Pirrera and the attorney and violated the Wiretap Act. It also says releasing the recording to North Jersey Media Group (The Record) was "willful, deliberate and motivated by political and personal malice and animus."

Pirrera has suffered physical and emotional damages, pain and suffering, the lawsuit says. She is seeking punitive damages, attorney fees and any other relief the court deems appropriate.

Dennis Calo, one of Pirrera's attorneys, said the recording should never have been released. "It's one thing to mistakenly tape someone, but releasing it is a violation," Calo said.

Real-estate shot of Borough Hall in Palisade Park on 03/02/21.
Real-estate shot of Borough Hall in Palisade Park on 03/02/21.

Borough Attorney Allen Roth said he would provide information to the mayor and council and give the information to the insurance carrier about Pirrera's medical claims. However, he said he couldn't comment further because it is still under counsel review and the incident happened before he was the attorney.

Medical coverage lawsuit claim

Pirrera's lawsuit also says the borough is withholding medical and drug prescription coverage.

In 2013, the Palisades Park council approved a resolution that allows elected and appointed employees of the borough not covered by a collective bargaining agreement, who remained for 15 years and are enrolled in the pension system, to be entitled to medical and prescription drug benefits upon termination or retirement.

Pirrera served as a council member from Jan. 1, 2004, to Dec. 31, 2023. She did not run for reelection this past November.

Pirrera has been diagnosed with cancer, the lawsuit says, and the borough has denied her the approved medical and prescription drug coverage.

"They're reneging on the agreement," Calo said. "They're being harsh and vindictive for political reasons."

This article originally appeared on NorthJersey.com: Former councilwoman sues Pal Park for releasing hot mic conversation