New Toms River Attorney Is Mayor's Personal Lawyer In School Matter: Official

TOMS RIVER, NJ — The attorney hired by Toms River to represent the township in its battle with the state over the future of the former Ciba-Geigy site is representing Mayor Daniel Rodrick in legal matters before the Middletown Township School District, where he is a teacher, Patch has learned.

A resolution awarding a $50,000 contract to Donald F. Burke, whose law firm is based in Brick, for special counsel services in Toms River’s appeal of the administrative settlement between the NJDEP and BASF Corp. was approved by a 4-3 vote at the May 22 Township Council meeting. He also was added to the township’s legal pool by a 4-3 council vote on a separate resolution at that meeting.

Burke represented Rodrick and Council Vice President Lynn O’Toole in their defense against the challenge by Kevin Geoghegan to the Toms River council candidacy of William Byrne. O’Toole was the notary on the petition for Byrne, and Rodrick had signed as circulating at least part of the candidates’ petitions.

Burke also represents Rodrick in legal matters before the Middletown Township Board of Education, according to Middletown school board president Frank Capone.

Reached by phone on Thursday, Capone said he could not discuss any matters involving Rodrick, who is a teacher at Thorne Middle School.

“You would have to address questions to his attorney, Mr. Donald Burke or to our attorney, Mr. (Bruce) Padula,” Capone said.

A separate source confirmed to Patch the existence of a letter from Burke to the Middletown school board identifying himself as Rodrick’s attorney.

Burke declined to comment when he was reached by telephone Thursday afternoon.

At the May 22 council meeting, Councilmen Tom Nivison, James Quinlisk and David Ciccozzi voted no on both resolutions.

Nivison sought to table the resolution adding Burke to the legal pool, and asked about Burke’s expertise in the natural resources restoration cases, which are separate from remediation, and about a conflict with Save Barnegat Bay, which had partnered with Toms River to fight the NJDEP’s administrative settlement.

Toms River officials have been fighting the settlement since it was first announced as a tentative deal in December 2022, saying they had no input into the deal and should have been part of the discussion.

In October, Save Barnegat Bay and Toms River filed an appeal of the settlement, calling it a sweetheart deal and saying it violated the state Constitution.

Save Barnegat Bay sued Burke and his family in 2022 over allegations they had violated state environmental law by dumping material from dredging onto wetlands around Barnegat Bay. The case was dismissed but Save Barnegat Bay has appealed the ruling.

The resolution awarding the contract to Burke makes a passing mention of a second law firm, Chiesa, Shahinian and Giantomasi of Roseland, NJ, which also submitted a bid to represent the township. It does not provide the maximum cost of the Chiesa bid.

It was the third time the township had put out a package seeking bids to provide the special counsel services; bid packages were published on the government bidding website OpenGov.com in October 2023 and January 2024 before the final one in April that led to the Burke award. Chiesa, Shahinian and Giantomasi submitted proposals all three times, according to the records.

Chiesa, Shahinian and Giantomasi of Roseland has prior experience with natural resources restoration cases, though it appears they have primarily represented companies facing environmental damages charges, according to the firm’s website.

“It was our determination the Burke firm was more qualified,” assistant township attorney Peter Pascarella said at the May 22 council meeting.

“If I were looking for an attorney, I would be looking for a good attorney and a good litigator, and that’s what he is,” Rodrick said.

Nivison and Quinlisk then asked if it was a conflict for the township to hire Burke since he had represented Council Vice President Lynn O’Toole and Rodrick in their defense against the challenge by Kevin Geoghegan to the Toms River council candidacy of William Byrne.

O’Toole was the notary on the petition for Byrne, and Rodrick had signed it the person who had collected signatures.

Rodrick responded, but Nivison continued to press his question, saying, “Was he paid or is this how he’s getting paid,” regarding Burke’s legal representation in the candidate case.

That’s when Rodrick began shouting at Nivison, calling him a sellout.

“I told you from day one I'm not a yes man. I’m not a sellout,” Nivison said, shouting back.

Rodrick walked out of the meeting shortly after the shouting match.

Read more: 'You're A Sellout': Rift Widens Between Toms River Mayor, Councilman