Judge blocks Spotswood council's effort for special counsel in town's legal woes
NEW BRUNSWICK – A Middlesex County Superior Court judge has thrown out the Spotswood Borough Council's vote to hire its own special counsel, saying that disagreements between the council and the mayor that end up in court "will certainly harm the residents of Spotswood."
In a 13-page decision, Judge Michael Toto ruled in favor of Mayor Jackie Palmer who went to court to void a Borough Council vote to hire East Brunswick attorney Lawrence Sachs at $165 per hour to represent the Council's interest in the more than a half dozen lawsuits involving the borough, most involving the police department.
Sachs, who represented the Council in the lawsuit brought by Palmer, said he has no comment at this time because he is still reviewing the decision. However, he said it is likely there will be a motion Toto reconsider his decision.
In her lawsuit Palmer argued, and the judge agreed, that the vote violated the borough's form of government under the state's Faulkner Act which defines the forms of government that New Jersey municipalities can have.
Palmer maintained that under Spotswood's strong mayor/weak council form of government that the mayor has the sole power to appoint any official in the borough, subject to the advice and consent of the Borough Council in certain instances.
Under this form of government, the council only has limited legislative power and its authority does not include encroaching on the mayor's power to manage and administer the borough.
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The Council, in turn, argued that a specific part of the Borough Code permits the Council to appoint its own special counsel and has the right to investigate issues involving the mayor and the borough's Department of Law.
Toto ruled that the part of the Borough Code allowing the appointment of a special counsel "appears to be in direct contravention" to other areas of the Borough Code and the Faulkner Act.
The key to the judge's decision was the wording of the resolution that approved the hiring of Sachs.
The resolution said the special counsel world investigate and "intervene if necessary" in all the lawsuits which, Toto wrote, "indicates the Borough Council intended more than a mere investigation."
That, the judge said, is in contravention to the Faulkner Act.
"The mayor would face irreparable harm if the Borough Council were allowed to unilaterally appoint special counsel," Toto wrote.
The judge also ruled that "a clear delineation of the power structure moving forward will hopefully prevent further disagreements."
The judge quoted an appellate court ruling two decades ago on a legal conflict between the Newark mayor and City Council under the Faulkner Act.
"They must work cooperatively for the ultimate benefit of all the citizens," the appellate court ruling states. "There are and will continue to be instances when either the mayor or City Council should subordinate their respective authority as a matter of simple social harmony and proper statesmanship."
Contributing: Staff writer Susan Loyer
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: NJ judge blocks Spotswood council's effort to hire own lawyer
