Former Palisades Park Councilwoman Cynthia Pirrera is suing the borough and its mayor, alleging a violation of her privacy and the Wiretap Act because officials released a recording of a conversation that occurred in an area marked by signs indicating 24-hour audio and video surveillance.
The lawsuit stems from recorded conversations, including discussions with an attorney, captured by a live microphone inside the Borough Council chambers.
The two hours of audio recordings were released to the North Jersey Media Group, publisher of the Bergen Record and northjersey.com, without Pirrera’s consent or warning in response to a request under the state’s Open Public Records Act (OPRA).
Pirrera, who served as a councilwoman from 2004 until 2023, filed the lawsuit in state Superior Court. The recorded conversations, obtained by The Record and NorthJersey.com through an Open Public Records Act request, shed light on various topics such as future litigation, police personnel matters, and a contentious vacant council seat.
The lawsuit alleges that the recording and subsequent release to the media were unlawful, violating both privacy rights and the Wiretap Act.
Dennis Calo, one of Pirrera’s attorneys, emphasized that while accidental recording might occur, releasing such recordings is a clear violation but he did not explain why his client had a reasonable expectation of privacy in an area where signs specify people are subject to 24-hour audio and video surveillance.
Pirrera claims she has suffered physical and emotional damages, pain, and suffering, in her lawsuit seeking punitive damages, attorney fees, and any other relief the court deems appropriate.
The lawsuit claims the recording was an “unlawful interception and recording of the meeting” and it alleges that releasing the recording was “willful, deliberate and motivated by political and personal malice and animus.”
In addition to the privacy concerns, Pirrera’s lawsuit also alleges a separate claim related to medical and prescription drug benefits.
The suit claims that the borough is withholding approved medical coverage despite a previous agreement allowing such benefits for long-serving elected officials.
The recordings, spanning over two hours, offer an unfiltered view of internal council dynamics, including disputes over appointments, ongoing litigation, and police department matters involving Pirrera’s son, a borough police officer.
The release of these recordings has sparked controversy and legal challenges, adding to Palisades Park’s history of political turbulence and legal disputes.
The lawsuit seeks compensatory damages, attorney fees, and other relief deemed appropriate by the court. Borough Attorney Allan C. Roth indicated that the matter is under counsel review, refraining from detailed comments due to its ongoing nature.
The case highlights the complexities of privacy rights, public records, and legal responsibilities in government settings, raising questions about the use and release of recorded conversations in public discourse and legal proceedings.
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