Political payback: Two South Jersey Transportation Authority board members charged with official misconduct after allegedly withholding payment to Mercer County Commissioner

The South Jersey political machine’s grip apparently extended to Mercer County for quite some time. According to the New Jersey Attorney General, a Mercer County Commissioner was punished for not supporting the wishes of a South Jersey power broker during the primary for Mercer County executive last year.

Attorney General Matthew Platkin and the Office of Public Integrity and Accountability Friday announced criminal charges against two members of the South Jersey Transportation Authority Board of Commissioners after the pair allegedly colluded to block payments to an engineering firm as retaliation against a Mercer County Commissioner. Platkin did not name the power broker or the Mercer County Commissioner.

Christopher Milam, 45 and Bryan Bush, 52, both of Sewell, have been charged with official misconduct in the 2nd degree, conspiracy to commit official misconduct in the 2nd degree, and perjury in the 3rd degree.

An ongoing criminal investigation by the Office of Public Integrity and Accountability Corruption Bureau determined Milam and Bush conspired to prevent the payment of invoices submitted to the board by a civil engineering firm, effectively halting compensation to the company for work it had already completed for the authority.

Milam and Bush allegedly cast votes during three board meetings in 2023 to prevent the authority from making legitimate payments due to the engineering firm, which the pair was allegedly targeting for political reasons.

“As this investigation continues, today we are sending a clear message: No matter how connected or powerful you are, if there is evidence suggesting that you have used your position and taxpayer dollars for political retribution or gain, we will hold you accountable,” Platkin said. “And if you lie to a grand jury, as alleged here, to cover up your conduct, you will answer for that, too. For people to have trust in government, they cannot feel that the well-off and well-connected play by a different set of rules than everyone else. The law cannot treat people differently. My office will continue to hold powerful people and powerful institutions accountable.”

Milam’s and Bush’s votes opposing payments prevented the board from approving invoice payments As a result, during those three months, the firm’s invoices for services that had been rendered remained unpaid, with additional invoices piling up each month. 

“The evidence revealed that these defendants misused the power they held as members of the SJTA Board to exact revenge on this particular firm and one of its staff members,” said Drew Skinner, Executive Director of the Office of Public Integrity and Accountability. “Their subsequent attempts to offer seemingly legitimate, but allegedly fictional, reasons for voting against the payments represents a further violation of the public trust. Abusing public office in order to get political payback — and trying to cover it up — will not be tolerated. Anyone who abuses the power entrusted to them by the public for political retaliation should know they will face serious consequences.”

Milam was selected as chairman of the Democratic Executive Committee for Washington Township in Gloucester County in February of 2023. The votes on the payments stemmed from a political feud over endorsing a candidate for Mercer County Executive. Prior to their votes, Milam allegedly sent a text message to Bush on Feb. 8, 2023, that said, “They cut South Jersey in Mercer County so now we vote no.”

The employee of the engineering firm is Mercer County Commissioner John Cimino, who defied instructions from a South Jersey Democratic Party leader to remain neutral in the Democratic primary for Mercer County Executive. Cimino, who works for engineering firm T&M Associates, has close ties to Dan Benson, who is now Mercer County Executive. Cimino backed Benson over former County Executive Brian Hughes, who dropped out of the race for the Democratic nomination when it was clear that Benson had the backing of the party.

According to reports by Politico New Jersey and the Philadelphia Inquirer, Cimono went against South Jersey power broker George Norcross’s directive to stay neutral in the primary. Norcross is a close ally of Hughes. A spokesman for Norcross has denied that Norcross has any ties to the case.

The ongoing investigation revealed that Milam and Bush also committed perjury, giving false testimony under oath before the state grand jury in Trenton in March 2024. The investigation determined that the pair falsely claimed they voted against the payments because of various purported issues with the engineering firm, including an error made by the firm, concerns with one of its projects, and possible double billing by the company, issues that were not raised until after the defendants began voting no. Their text message shows they voted no because “they cut South Jersey in Mercer County.”

If they are found guilty, the pair potentially face a sentence of five to 10 years in state prison and a fine of up to $150,000. Second-degree official misconduct requires a five-year mandatory minimum prison term without parole eligibility. Third-degree charges can result in a sentence of three to five years in prison and a fine of up to $15,000.

The criminal investigation is ongoing. Anyone with information about misconduct and attempts to influence the election should contact the Office of Public Integrity and Accountability at 1-844-OPIA-TIP (1-844-674-2847) and ask to speak to Detective Ryan Vivarelli. Corruption tips can also be reported anonymously using the OPIA Report Corruption Form.