West Orange Mayor Sues Town Council; Trenk Saga Continues

WEST ORANGE, NJ — The West Orange Town Council held an emergency meeting on Wednesday to discuss a lawsuit filed by Mayor Susan McCartney, who is suing the council in an attempt to squash a “no support” resolution involving town attorney Richard Trenk.

The council immediately moved into executive session, which was not open to the public. No details about the ongoing litigation were discussed. Watch a video of the meeting here, and see copies of the lawsuit below.

The meeting is the latest development in an ongoing controversy surrounding the township attorney position. 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.

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 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 – 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 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 she has filed an action in Superior Court that seeks to invalidate the council’s resolution and enable payments to his law firm to restart.

• See Related: West Orange Mayor Seeks To Nix 'No Support' Resolution For Trenk

THE LAWSUIT

McCartney’s lawsuit accuses the council of trying to “usurp” her authority in determining who can serve as the township attorney. It cites McCartney’s executive powers as outlined in the town code and the optional municipal charter law, N.J.S.A. 40:69A-1, et seq., commonly known as the Faulkner Act.

According to the lawsuit, the council’s “no support” resolution would – if “strictly construed” – render West Orange without a municipal attorney.

The lawsuit states that – according to Kayser – if the town council wants to remove Trenk from his current position, it needs to bring charges “for cause” and obtain a super majority vote (four of five council members) in accordance with the Faulkner Act.

A court date has been set for Sept. 7.

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