Actions of Fuentes' office prompt call for probe

An open-records advocate has made a request for an ethics investigation of Assemblyman Angel Fuentes.

John Paff this week asked a member of the Joint Legislative Committee on Ethical Standards to review Fuentes' use of state employees and resources to organize and run the Hispanic Leadership Association's annual fall summit.

The records request cites an Oct. 17 story in the Courier-Post detailing work done by the assemblyman's employees at the 5th District office he shares with fellow Assemblyman Gilbert "Whip" Wilson and state Sen. and congressman-elect Donald Norcross. All three are Democrats.

"I am extremely proud of the Hispanic Leadership Summit and the college scholarships it awards to students each year," Fuentes said in an email.

"The Joint Legislative Committee on Ethical Standards issued a formal opinion in 2010 affirming that legislators may partner with community non-profits and the nonpartisan Office of Legislative Services approved of the summit when I sought their counsel.

"I look forward to continuing to work on behalf of our state's vibrant and growing Hispanic community despite the attitude of a few partisan naysayers."

The assemblyman also said previously he sees "no problem at all" with the office work done on behalf of the Hispanic association, because no one in the group is paid, and added that he "feels a responsibility" to support Hispanic leadership efforts, given his role as one of the few Latinos in the Legislature.

Paff also asks the legislative committee to "consider recommending the adoption of a new ethical standard that would ban a legislator's use of public resources to benefit a private charity."

Paff suggests in his letter if a donor and invitee mailing list for the summit was created using "information not generally available to members of the public," then it would be a clear violation.

Determining if that is the case will require an investigation to ascertain which sources were drawn on for the list, he added. The committee will next meet on Nov. 18.

Paff said he has no issue with the assemblyman's support of a charity but considers using state salaries and resources in support of a charity to be wrong.

"The propriety of using taxpayer resources to benefit a private organization does not turn on the popularity of the organization or how beneficial its works are perceived to be," he noted.

"The public funds Fuentes committed to the association's benefit belong equally to both those who support the association's work and those who don't.

"While Fuentes' desire to support charity is admirable, he should use his own funds for his advocacy and not taxpayer funds to which he has been entrusted," Paff added.

Paff directed his investigation request to Michael J. Mitzner, a Watchung lawyer and member of the committee. Mitzner declined comment.

He referred the request for comment to Albert Porroni, the committee's lawyer. Porroni did not immediately respond to a request for comment.

Typically the committee would acknowledge receipt of the request to the person who files the complaint. Then it would be researched by staff, and a recommendation would be made on whether to pursue the complaint based on its merits.

If it is determined there is no rule prohibiting the activity — but the committee believes there should be — the panel would suggest changes to the Legislature.

William E. Schluter, who served about 20 years in both houses of the state Legislature, said Thursday Fuentes' actions in support of the charity were wrong.

Schluter is a Republican whose advocacy for above-board government has rankled members of both parties. He also has chaired the Joint Legislative Committee on Ethical Standards and served as vice chairman of the State Ethics Commission.

"It should not be done," Schluter said. "It needs to be spelled out. It may be a bona fide charity that does not benefit Mr. Fuentes," but the assemblyman's actions open the door to misuse of charities by legislators, he added.

The 5th District office in Camden where most of the work was performed was so consumed with the Sept. 20 Hispanic summit that constituent service calls were referred to the main office in Audubon, according to Brian Everett.

The Rutgers University-Camden student did an internship at the legislative office earlier this year and spent most of his time compiling the summit's mailing and guest list.

"This is embarrassing if state ethics guidelines allow this," Everett said. "The Camden office is in charge of caring for the needs of the most endangered and impoverished city in the country, and all of its time was spent on the summit, not on issues of the city.

"An investigation seems to make sense."

Reach Kevin Shelly at kshelly@courierpostonline.com or (856) 449-8684. Follow him on Twitter @kcshlly.