Spotswood mayor trying to trample residents' constitutional rights, court papers charge

SPOTSWOOD – The Borough Council has hired an attorney to defend itself in a lawsuit that Mayor Jackie Palmer filed against the governing body.

The Council voted 4-0 Monday to hire East Brunswick attorney Lawrence B. Sachs to provide special legal counsel, including the possibility of filing a counterclaim against Palmer.

The mayor and Councilman Edward Lesko were absent from the meeting.

According to the resolution passed by the Council, Sachs will be paid at an hourly rate of $165 for a total not to exceed $17,500.

The borough's Chief Financial Officer Natasha Turchan certified there was enough money in the municipal budget to hire Sachs.

The Council's previous effort to hire Sachs was thwarted at the Feb. 26 meeting when Borough Administrator Brandon Umba put up a legal roadblock after a vote to approve Sachs's hiring.

Umba said the Council could be in violation of state law which requires a certification of available funds by the borough's chief financial officer to hire an individual.

That led to Palmer suing Council President Nicholas Legakis and the Borough Council over the appointment of a special legal counsel, accusing them of "usurping" her authority.

Palmer alleges the Council's vote to hire Sachs to represent the Council's interest in the more than half dozen lawsuits involving the borough, most involving the police department, was illegal.

On the following day, Palmer wrote an email to Legakis, saying the appointment is a "clear violation of the statutory rights granted to me under our form of government, which you refuse to accept."

More: Spotswood hit with another lawsuit, this time for allegedly not paying its bills

"The clear vendetta that you have against me personally and professionally is crystal clear and your actions have proven this to be true," the mayor wrote in the email.

Under Spotswood's form of "strong mayor/weak council" government as prescribed in state law, the mayor has "broad and extensive authority" over the administration of the borough, including all personnel matters and appointments, Palmer's lawsuit contends.

"The office of the Mayor has the sole power to appoint any officer or official in the Borough, subject to the advice and consent of Council except for certain cases," the lawsuit argues, adding that the Council's vote to appoint Sachs was a "direct assault" on the mayor's legal authority.

In response, on Monday Sachs filed papers with a Superior Court judge arguing that the borough's code allows the Council to hire a special counsel "as may be required from time to time."

Legakis, in a certification filed with the judge, says Palmer sent him in an email on March 12, arguing "that she alone has the authority to appoint special counsel in the current litigation which is totally preposterous and unethical."

The mayor, in that email exchange, said that she could not recommend Sachs for the post and asked Legakis for an alternative.

"I find it inconceivable that (Palmer) could dictate who should represent the party she is suing," Legakis continued.

Superior Court Judge Benjamin Bucca is scheduled to rule March 28 on Palmer's request for a restraining order to stop the hiring of Sachs.

In a legal memorandum to the judge opposing Palmer's motion, Sachs wrote that the mayor's lawsuit "should be viewed by the Court as overly suspicious" and could be "fleshed out" in a counterclaim by the Council.

Legakis, in an email exchange with Palmer, said the borough would be filing a counterclaim "which will entail additional legal costs to the taxpayers due to your penchant for litigation."

Legakis, in his certification to the judge, also said that Palmer did not get the Council's consent to file a lawsuit against the Middlesex County Prosecutor's Office to ban the release of bodycam footage from the Spotswood Police Department "on an alleged racial altercation that occurred in the Municipal Building."

"The lawsuit filed by (Palmer) to prevent the release of the body camera video is just another example of (her) attempt to subvert and chill the First Amendment and other constitutional rights of the public," the documents says.

Email: sloyer@gannettnj.com

Susan Loyer covers Middlesex County and more for MyCentralJersey.com. To get unlimited access to her work, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Spotswood NJ mayor tries to topple constitutional rights: court papers