By Nathan Mayberg
WEST MILFORD — Former West Milford Superintendent Carlos Luaces has been charged by the Passaic County Society for Prevention of Cruelty to Animals (SPCA) with poisoning a nest that was home to four robins on town property.
On Friday, Aug. 21 he also lost his job, West Milford Mayor Bettina Brieri announced.
"Today, both criminal and misdemeanor charges were filed against Mr. Luaces by the SPCA based upon the results of their investigation and animal cruelty statutes," Brieri said in a prepared statement. "While Mr. Luaces is innocent in the eyes of the law until these charges are adjudicated, from an administrative perspective, his ability to lead the department under these circumstances has been compromised. As a result, it is in the township's best interest to terminate his employment and therefore as Mayor, I have immediately given that directive. Since the suspension took place, we have been conducting an ongoing search for an interim director. We are now tasked instead with finding a full-time replacement in a most expeditious manner."
Luaces had been on paid administrative leave since Aug. 7 when allegations surfaced that he killed baby birds in their nest as well as "other issues," Brieri said.
Brieri said on Monday that the other issues can't be disclosed at this time.
Passaic County SPCA Officer Alan Purcell said Luaces is facing disorderly persons charges and civil charge for having "purposely and knowingly poisoned a living creature with a chemical agent."
The actions are alleged to have occurred on July 16 at the West Milford Department of Public Works garage.
Purcell said that Luaces is believed to have used a type of weed killer on a bird's nest with two baby robins, and another unhatched robin. The mother of the robins is believed to have flown out of the nest. She wasn't found.
The bird's nest was sitting on a four by four foot wooden post near a sumac tree outside the Department of Public Works garage door, Purcell said.
This was the second year in a row that the robin had given birth in the nest, Purcell said.
The robins were like a "mascot" for the department's workers, he said.
"Anybody could see the birds were in there," Purcell said.
Luaces was appointed as superintendent of the department in April.
Luaces, of Byram, was being paid an annual salary of $80,000.
He previously worked in Scotch Plains as director of public property and worked in sales for a construction materials company. He also served as a councilman for the township of Byram for two years, from 2012 to 2014. He ran for mayor in 2013 but lost.
Luaces is due in West Milford Municipal Court on Aug. 27, at which time his case is expected to be referred to Passaic County Superior Court, Purcell said.
The New Jersey Department of Environmental Protection (DEP) confirmed on Monday that its office has an ongoing investigation into the alleged spraying of pesticides by Luaces into a nest with baby birds.
Purcell said the spraying of the herbicide requires a license from the DEP.
"To me, it's just cruel, heartless," he said.
In another two weeks from the time the spraying was alleged to have occurred, the baby hatchlings would have flown away, Purcell said.
"To knowingly spray the birds is disgusting."