June 4, 2023
Dear Ho-Ho-Kus Residents:
We are deeply saddened by the recent letter from certain members of the Ho-Ho-Kus Fire
Department (“HHKFD”) which contains blatant falsities and may leave our residents with a
misguided impression of recent events. Unfortunately, the Mayor and Council are once again
compelled to respond to the clear misinformation put out by certain HHKFD members with
motives best known to them. Please be assured that the Governing Body has always acted in
the best interest of our residents and to protect your hard-earned taxpayer dollars.
Despite our best efforts to resolve all matters arising from a serious DWI incident involving an
HHKFD member and our Borough owned firehouse in a reasonable, economic, and informal
manner, you are once again receiving a public letter from the HHKFD, this time to solicit
additional funds from our residents. This letter not only contains purposeful misstatements of
recent events but does not in any way reflect the seriousness of the recent actions of the
HHKFD leadership. For these reasons, our residents deserve an accounting and full
transparency as to what has taken place.
In the past, you may have donated to the HHKFD believing you were supporting firefighting
equipment and services. This noble goal and effort has been supported by all of us and your
Governing Body has individually and jointly supported such efforts. However, the Governing
Body was recently advised that donated funds have been spent and continue to be spent on
the reimbursement of personal expenses and not for firefighting services or on lifesaving
equipment, despite letters sent to our community from the HHKFD soliciting funds for such
purpose. As a result, we have received requests for additional taxpayer dollars to fund such
equipment and services. It is this very reason - the Borough's efforts to protect your
donated funds from potential abuse - that certain members of HHKFD have once again
undertaken a misleading and disingenuous public letter campaign. In the meantime, such
individuals continue to obstruct the Borough’s efforts to obtain information to ensure that
monies are appropriately spent, and not for a personal purpose which residents were not
aware of when they donated such funds. Unfortunately, we suspect you are now in all
likelihood receiving this fund-raising request because of the Borough’s actions in protecting
your donations from misuse and to fund their continued efforts to undermine the Borough’s
statutorily mandated and sworn obligations.
BACKGROUND
This matter arose from a DWI involving a probationary firefighter causing property damage in
both Ho-Ho-Kus and Ridgewood upon leaving the Borough owned firehouse at 5:30 a.m., after
a sanctioned HHKFD event had concluded. Other than the probationary firefighter, only one
member (and a member of HHKFD Leadership no less), Mr. McDermott was present at such
late hour. Despite being present, Mr. McDermott refused, on multiple occasions, to cooperate
and to tell the Borough what happened that evening. To date, we still do not know fully what
happened due to differing stories and stonewalling. Had the Borough been afforded
transparency and cooperation, none of this would have been necessary. However, the
Borough has a duty and responsibility to the townspeople, not just the volunteers of a
government run agency, especially when a DWI incident occurred in our community, with a
member of our fire department, and with clear liability concerns.
What we do know is that subsequent review of security footage revealed Mr. McDermott was
seen leaving the firehouse to return to his home in Ridgewood moments after the intoxicated
driver drove away. Following this serious incident at our Firehouse in December 2021, in
February of 2022 Mr. McDermott (the Asst. Chief at the time of the December 2021 incident
and incoming Chief as of January 1, 2022) was presented with an opportunity to be
forthcoming with information about such event. Instead, he chose to resign. With his
resignation the matter would have been ended. However, after being emboldened by certain
members of the Department, and the decision of the Department to bankroll his personal legal
costs from funds donated by the public and indemnify him from any personal financial
exposure, he rescinded his resignation and requested a public hearing.
The Borough hired an impartial retired Superior Court Judge to hear this matter and issue
findings of facts and conclusions based upon the evidence produced at the public hearing. As
a result of the hearing, the Judge sustained various charges and concluded that Mr.
McDermott was insubordinate, acted in a manner unbecoming his position, and incompetently
performed his duties. Each of the Borough's witnesses were specifically deemed reasonable,
accurate and credible. By contrast, the Judge specifically stated that testimony from individual
witnesses called by Mr. McDermott was either “not reasonable” or “a large degree incredible”
or “contradicted” by other testimony. In concluding so, the Judge stated that the HHKFD
leadership “failed to comprehend the importance of the Governing Body’s concerns” and that
“they circled the wagons with McDermott acting as the wagon master,” rather than cooperating
with the Borough.
CURRENT ISSUE
Despite these findings and conclusions, the Borough hoped to move on from this matter until it
was reported by concerned individuals that the HHKFD has expended donated funds for
potentially inappropriate reasons and in an amount well in excess of $100,000 to date.
As a result of receiving the above information, the Borough asked questions of the HHKFD,
and was advised that the Department continues to fund litigation against the Borough with your
donated money instead of using it for training, education and the purchase of lifesaving
equipment. When asked, on multiple occasions, the Department’s President and Custodian of
records refused to provide records showing how donated funds were used. After the Judge’s
decision, Mr. McDermott, again relying on your donated funds from the HHKFD, sued the
Borough to invalidate the Judge’s decision and the Boroughs’ actions.
You may ask why the Prosecutor’s Office has been involved in this matter? Please be aware
that the Governing Body is specifically entrusted under state law for the supervision and
control of its municipal volunteer Fire Department, and it is an obligation it takes seriously. The
Borough is aware of a March 9, 2010 Report from the Office of the Bergen County Prosecutor
(“BCPO”) entitled “Report on the Fundraising Activities and Expenditures of Representative
Volunteer Fire Departments Throughout Bergen County and Recommendations for
Implementation of Additional Financial Accountability.” The fund-raising letters sent out by the
HHKFD to our residents contain language soliciting funds stating that “Your Donation Will Help
Save Lives” and which solicits donations for lifesaving equipment. Rather than purchasing this
important equipment the HHKFD instead persisted in the course of action stated above,
funding continued costly and unwarranted litigation with donated funds. Given the above and
the information presented to us, the Governing Body has a clear obligation to protect the
donated funds of our residents. Mindful that there could be legal exposure, our attorney sought
direction from the Bergen County Prosecutor's office (“BCPO”). To be clear, at no time did the
BCPO ever advise Ho-Ho-Kus “there is no basis for charges”. Instead, Ho-Ho-Kus was
advised by the BCPO that additional information should be submitted for them to make a
determination.
The HHKFD’s refusal to cooperate with the Governing Body, and to be transparent as to how
funds solicited for the purpose of firefighting activities were expended, is a cause of serious
concern and required our intervention. Prior to having to ask for judicial assistance, on at least
five (5) occasions, the Governing Body has asked the HHKFD for records regarding the
expenditure of donated funds, and each time the HHKFD refused to cooperate. Such records
are essential to avoid legal exposure and to protect our residents from potential abuse. Simply
put, there should be openness and transparency between the Borough and the HHKFD, not
continued stonewalling and obstruction.
MOVING FORWARD
While we endeavor to put this chapter behind us, we welcome any resident to ask additional
questions you may have. We will always ensure that your taxpayer dollars are appropriately
spent and that donated funds are protected from potential abuse. Our residents deserve
openness and deserve to know what happened in an honest and transparent manner. With
this in mind, we invite any member of our community to the Borough Council meeting on June
27 at 7 pm where we will further address this matter and take questions to ensure you have
the facts and the proper context.
The prior hearing that was conducted was a public hearing at the request of Mr.
McDermott. As such, all testimony and the Judge's opinion are public information and are
available by request from the HHK Borough Clerk. We will be able to speak publicly and share
relevant excerpts from any of these records at the June 27 Borough Council Meeting.
Despite the HHKFD’s actions, you can be assured and trust that the Mayor & Council will
always properly fund our HHKFD first responders and all our volunteer first responders to
ensure they have the equipment and training they need to most effectively do their jobs and
ensure their personal safety while doing it. Ultimately, it is our residents who have been hurt
by HHKFD’s actions, which we have at all times attempted to avoid.
As we have stated before, those taking these actions do not represent all members of the
HHKFD. Our town has been recognized now and over the years as one of the most desirable
places to live. This is due in large part to the dedication of all our volunteers. Therefore, we
are confident that all our volunteer members will continue to make the call, honoring and
serving our residents in a manner they expect and deserve.
Sincerely,
The Governing Body of the Borough of Ho-Ho-Kus
