Malcolm A. "Mac" Borg settles porn-suit allegations

The Bergen County Courthouse in Hackensack, where the suit was filed and settled.

By VICTOR E. SASSON
EDITOR

Malcolm A. "Mac" Borg and North Jersey Media Group have agreed to pay an undisclosed amount of money to a former employee who alleged the company chairman sent pornographic e-mails to managers and supervisors, knowing she would see them.

Tracey McCain of Englewood says she worked for NJMG from 2000 to April 22, 2009, when she was fired. 

She was hired as technical coordinator for the IT department in what is now Woodland Park. In 2007, she was promoted to IT logistics manager.

Son replaces father

Borg, 72, is the former publisher of The Record, a job taken over by his son, Stephen A. Borg, who was not a defendant in the suit. The elder Borg also lives in Englewood.

McCain says one of her duties was to read e-mails sent to her supervisor, who was identified in legal papers as Peter Van Lenten Jr., the late vice president of information technology.

"Commencing in or about 2000 and until plaintiff's employment terminated [April 2009], defendant Borg committed acts of sexual harassment of plaintiff," according to the complaint, which Eye on The Record obtained from the Bergen County Courthouse in Hackensack.

On Thursday, I returned to the courthouse and the Civil Division Records Room (Room 111) and asked to see the file. 

A Sept. 26 order signed by Superior Court Judge Brian R. Martinotti dismissed McCain's lawsuit "without prejudice" and said interest would accrue, if the "settlement sum" is not paid within 30 days.

No other details about the settlement were in the file. Usually in a settlement, the elder Borg and the publishing company would deny any wrongdoing.

The defendants were represented by Samuel J. Samaro of Pashman Stein in Hackensack, a $400-an-hour practitioner with a pot belly, receding hairline and wardrobe of ill-fitting suits.

'Vulgar and offensive'

Attorney Demetrios K. Stratis of Fair Lawn represented the plaintiff.

Here is more from the original suit:

"Defendant Borg caused to be disseminated, via electronic mail, to various managers and supervisors within NJMG and specifically to the direct supervisor of the plaintiff, various pornographic videos which were vulgar and offensive and sexually degrading and did so with the knowledge that such material would be viewed or inspected by the plaintiff."

The suit goes on to allege Borg also sent e-mails to managers and supervisors containing  "pornographic pictures," vulgar and offensive "audio recordings" and "other material."

NJMG denied all of the allegations in the lawsuit, which was filed on Dec. 7, 2009.

NJMG 'knew' about Mac

McCain's lawsuit also alleged:

"Defendant NJMG knew of the actions of defendant [Malcolm] Borg and failed to take reasonable measures to prevent same from occurring. Defendant NJMG  failed to enact or implement policies or procedures to prevent such behavior."

Jennifer A. Borg, daughter of Malcolm and big sister of Stephen, is vice president and general counsel of NJMG. 

In recent years, she has spent a great deal of time monitoring employees' use of company equipment, including computers and telephones.

It's not known whether she monitored her father's computer and knew about the material he was sending to other managers.

The lawsuit suggests the elder Borg was completely pushed aside when his spoiled children took over operation of The Record, Herald News and other publications in mid-2006, even though he retained the title of chairman.

He became so irrelevant, the suit suggests, he had nothing better to do than to allegedly view and disseminate pornography to other managers. Unless, of course, he allegedly was viewing pornography for years before his son became publisher and president.

With settlement of the suit, the elder Borg would be able to assume a more active role in the company. 

Today's paper

Interim Editor Doug Clancy finally came to his senses and returned a wrap-up on storm damage to Page 1 today -- after banishing the story to inside Local on Thursday.

And the focus is on Teaneck, where schools were closed through Thursday, something the paper had ignored.

"Only 16,000 customers" of Public Service Electric and Gas Co., including more than 5,500 in Bergen County, were still without power at 2 p.m. Thursday, the story says, but thousands more, served by other utilities, were without lights, heat, and hot water.

Burying the anger

Thursday's story on damage from Saturday's nor'easter buried the growing anger of readers over the slow pace of repairs, and today's account doesn't even address their frustration.

The front page has a strong North Jersey slant, but Clancy hasn't learned a column on politics is the surest way to turn off a majority of his readers.


Has The Record run any stories on Governor Christie's deceptive TV ads in support of the election of Republican Bergen County Freeholder John Driscoll in the 38th District?

Fig leaf for readers

Road Warrior John Cichowski has turned from ignoring commuting problems to giving advice on pruning trees -- his second such column this week (L-1).

In Better Living, the food photos look a lot better than the middling, 2-star rating of Midland's Thai Kitchen in Midland Park from Restaurant Reviewer Elisa Ung.

In the past, Ung has given 2 stars to Bahama Breeze on Route 23 in Wayne and other restaurants that do few things right.

She also seems to be the only one who doesn't know the best Thai food in North Jersey is served at Wondee's in Hackensack.