West Orange Mayor Seeks To Nix ‘No Support’ Resolution For Trenk

WEST ORANGE, NJ — The mayor of West Orange has fired the next shot in an increasingly heated shoving match over the township attorney position.

On Monday, Susan McCartney released a statement in support of Richard Trenk, who has been serving at the helm of the town’s legal department since 1998. McCartney said she has filed an action in Superior Court that seeks to invalidate a resolution of “no support” for Trenk – which the town council voted to approve by a 3-2 margin last month. Read More: West Orange Council Narrowly Votes 'No Support' For Town Attorney

For months, West Orange’s mayor, town council and municipal administrators have been locked in a debate surrounding Trenk and his firm. Some council members and residents have been growing increasingly critical of Trenk’s track record advising the town on legal matters, including several important development projects.

“Mr. Trenk is responsible for bringing to West Orange the most financially disastrous redevelopment deals, gifting favored developers 30-year tax breaks while the town council and mayor inevitably raise the rest of the community’s taxes to exorbitant levels,” local advocacy group Our Green West Orange recently wrote. See the nonprofit’s analysis of Trenk’s service with the township here.

Others have commended Trenk’s service as town attorney, citing his three decades of experience – including McCartney, who has issued multiple statements of support on his behalf.

The latest controversy began in March, when the town council voted 2-2 with an abstention on a resolution that aimed to authorize Trenk's contract. Acting on advice from assistant township attorney, Kenneth Kayser – Mayor McCartney cast a tie-breaking vote in Trenk’s favor, which ignited an argument about the legitimacy of her vote. Read More: West Orange Renews Contract With Town Attorney After Heated Debate

In April, the council voted to approve a new resolution, which stated that McCartney shouldn’t have been allowed to vote on the matter. Read More: West Orange Council Rolls Back Vote On Town Attorney Contract

At the council meeting on June 13, the issue flared up again, with council members having another heated debate before their vote on the “no support” resolution.

The resolution – which originally also named Kayser – was amended at the meeting to only mention Trenk. It stipulates that “no payments shall be made to Richard Trenk, or the Trenk firm, or any other firm he is a member of or contracted with, for any legal work done for the Township of West Orange.” It also states that “no legal work” shall be assigned to Trenk or his firm that would result in a fee.

Asmeret Ghebremichael, Bill Rutherford and Susan Scarpa voted yes on the June 13 resolution. Michelle Casalino and Tammy Williams voted no.

McCartney was among those who criticized the vote. The mayor's criticism continued Monday, when she announced the latest legal action.

“Never before have three members of the West Orange Township Council ever told a sitting mayor who was elected by the voters that she could not utilize the services of the township attorney – which the same council unanimously confirmed,” McCartney said.

“The council's unprecedented action necessitated this request for judicial intervention,” she said.

McCartney added:

“In order for [Trenk] to fulfill his duties and responsibilities to represent the approximately 48,000 people of the township, it has always been understood that the township attorney delegates to attorneys and paraprofessionals of his firm to execute his duties as delineated by township ordinances. The council's attempt to compel the CFO not to make payments for those services is not consistent with applicable law, past practices and procedures and most importantly, the necessary functioning of the township. Therefore, I was forced to seek a judicial ruling which permits the payment of necessary legal invoices.”

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