New W. Caldwell Attorney Met with Some Resistance

Joseph Tempesta can still see the charred-face image of a firefighter helping to put out a blaze last year on Mountain Avenue.

What stood out to the West Caldwell mayor was that this wasn't what you would consider a typical firefighter—the man was a member of one of the state's elite law firms who just so happened to help put out fires in his spare time.

It was a poignant picture of community service that resonates with Tempesta today.

With the attention of the mayor for his dedication to the community in addition to an impressive law background, James L. Lott Jr., was selected as the town's municipal attorney at Sunday's re-organization meeting. New council members Stanley Hladik and Thomas O'Hern also took the oath of office in front of an overflow crowd at the municipal building. 

Lott has been West Caldwell's Zoning Board attorney and is a principal for the Morristown-based law firm Riker, Danzig, Scherer, Hyland & Perretti.

"There was a significant house fire on Mountain Avenue. After being there for about an hour, I saw Jim walking the line, smoke-charred face, holding a hose probably for an hour and a half," Tempesta said. "Here's this senior partner in one of the most prestigious law firms in the state of New Jersey, he still gives back to his community as a volunteer."

Lott, 47, was born in Texas, but has lived for much of the last 44 years in West Caldwell, where he remains an active volunteer firefighter with more than 30 years of experience.

Lott, however, has no experience as a municipal attorney. This was questioned by several members of the former council at the final meeting of 2009.

William Payne and Richard Norgard—both no longer on the council after 45 years of combined service—in addition to current member Dominick Aiello, supported Joseph Maddaloni for the position. Maddaloni had been West Caldwell's municipal attorney the past five years after serving as the town's assistant municipal attorney for one year.

Aiello was the lone current councilman to vote against Lott's appointment, but clarified his decision after Tempesta read Lott's lengthy legal resume to the audience.

"This shouldn't surprise anyone, but we don't at times agree here on council," Aiello said. "I'm voting 'no,' because I had voted for the other applicant for town council. I felt as though I should stick with my original choice. I wanted everybody here to know that under no circumstance is this a reflection of what I think of Jim Lott. You heard his resume. I think Jim's going to make an excellent attorney. He's going to be an excellent municipal attorney, but I didn't want to vote 'no' and not give an explanation of why."

Former councilman Norgard approached the council prior to the resolution awarding Lott the contract to gain a better understanding of the nomination. Norgard said he believed Maddaloni, who offered to reduce his hourly rate from $165 to $150, was cheaper than Lott, who originally proposed a flat meeting rate fee of $350.

"In comparison of the two bids, both attorneys are very capable individuals. But Joe Maddaloni having some six years experience as municipal attorney as well as Joe Maddaloni having an exemplary record in terms of performance, frankly being commended by all previous and prior council members, and since Mr. Maddaloni's bid was approximately $7,000 to $10,000 a year less expensive to the residents of West Caldwell, I'm kind of perplexed as to how the decision was made," Norgard said.

"A recommendation was made to the council that Joe Maddaloni be the town attorney. As a former chairman, I'm lost as to what basis the decision was made to the contrary. … I just don't understand, based on dollars and cents, how it is that the mayor and council have come to this decision."

Tempesta responded by explaining how Jock Watkins, the town's clerk, approached Lott during the selection process to request a lower rate of $150 an hour—the same as Maddaloni's offer.

Lott agreed, which gave the mayor and council an opportunity to further "open up" the town's government.

"I think the credentials speak for themselves," Tempesta said. "I think this administration has tried to open things up like they have never been opened before. I think it's time to open it up and give some other people a chance. I think the government in West Caldwell has done a good job and thank you to my colleagues for agreeing that it is probably right to not give it to one person for multiple, multiple years. We should spread this government out."

However, Aiello responded by asking Watkins if Maddaloni was also given a chance to reduce his proposed rate. "Did you give the same opportunity to Mr. Maddaloni that we gave to Mr. Lott?" Aiello asked.

Watkins said he did not approach Maddaloni, who addressed the council and public prior to the conclusion of the meeting.

"First of all, I'd like to congratulate councilmen Hladik and O'Hern on your election to the governing body. I would have enjoyed the opportunity to work with you folks, but I wish you all the best for the future," said Maddaloni, a West Caldwell resident.

"I would also like to thank the governing body for the opportunity to serve you as your municipal attorney over the course of the last five years. I greatly enjoyed the opportunity to work with you folks. I would have enjoyed the opportunity to work with you even further into the future, but apparently that wasn't in the political cards."