Story By John Paff of Transparencynj.com and Chairman of the New Jersey Libertarian Party’s Open Government Advocacy Project.
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HOWELL, NJ (MONMOUTH)–On May 1, 2024, the New Jersey Local Finance Board (LFB), the state agency responsible for enforcing the Local Government Ethics Law (LGEL), issued Notices of Violation (NOV) and $100 fines to two brothers involved with Howell Township Fire District No. 5, while dismissing other allegations against them.
One of the brothers, James Donahue, a former Fire Commissioner for Howell Fire District No. 5, was penalized for voting to approve the purchase of two diamond tip blades, a purchase recommended by his brother, Robert Donahue, in his capacity as Fire Chief of the Freewood Acres Fire Company. Freewood is a fire company within Howell Fire District No. 5.
According to the NOV, James made a motion at the January 14, 2020, Board of Commissioners meeting to approve the purchase and voted in favor of it. The LFB ruled that this action represented a conflict of interest, as it violated N.J.S.A. 40A:9-22.5(d), which prohibits officials from participating in decisions where personal relationships could compromise their objectivity. For this violation, James Donahue was fined $100.
While this charge was upheld, several other allegations against James Donahue were dismissed after investigation:
- Incompatible Roles: James was accused of holding incompatible positions as both Captain of the Freewood Acres Fire Company and Fire Commissioner in Howell Fire District No. 5, creating a potential conflict of interest. However, the Board found no evidence that his position as Captain influenced financial decisions, leading to the dismissal of this charge.
- Improper Use of District Vehicles: It was also alleged that James misused district vehicles and equipment for non-district purposes. However, the investigation revealed no proof of such behavior, resulting in the dismissal of the charge.
- Leasing Equipment from a Related Entity: James faced an additional accusation of leasing equipment from a business associated with his brother, but the Board found no evidence of impropriety, and this charge was dropped.
Robert Donahue, James’ brother, who served as both Fire Chief of Freewood Acres Fire Company and Fire Commissioner for Howell Fire District No. 5, was also fined for his role in the same blade purchase. His dual positions created a direct conflict of interest, according to the NOV, because he both recommended the purchase in his role as Fire Chief and voted to approve it as a Commissioner during the January 14, 2020 meeting. The LFB determined that this violated N.J.S.A. 40A:9-22.5(d) and (e), which prohibit officials from making decisions in which they or their family members have a financial or personal interest. As a result, Robert Donahue was fined $100.
Like his brother, Robert also faced other allegations that were dismissed:
- Improper Use of District Vehicles: Robert was accused of using district vehicles for non-official purposes. However, the investigation found no evidence of misconduct, leading to the dismissal of this charge.
- Leasing Equipment from a Related Entity: Similar to the accusation against James, Robert was alleged to have leased equipment from a company with family ties. The Board found no evidence of wrongdoing, and the charge was dismissed.
According to the District’s website, Robert Donahue still serves as a Fire Commissioner with a term expiring in 2027. The most recent meeting at which James was a Fire Commissioner was held on February 14, 2023.
Both brothers were given the opportunity to contest the charges and fines and request a hearing before an Administrative Law Judge. James exercised this right, and in a July 23, 2024, email to the LFB, requested a hearing. His case has been referred to the Office of Administrative Law for further proceedings. Robert, however, chose not to contest the charges and paid the $100 fine via check on May 31, 2024.
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