West Orange Council Narrowly Votes ‘No Support’ For Town Attorney

This article was updated at 10 a.m. on June 18

WEST ORANGE, NJ — Is Richard Trenk still the town attorney In West Orange? This seemingly simple question is turning out to be an ongoing saga that saw yet another twist at this week’s town council meeting.

On Tuesday, the West Orange Town Council voted to approve a “resolution of no support” regarding Trenk (read more below).

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.

Trenk – who has been serving as the town attorney since 1998 – was recently re-appointed for a four-year term that will expire on Dec. 31, 2026. The contract set a salary of $42,500 per year, which includes payment for general legal matters, but not for litigation, arbitrated or mediated matters, which will be billed separately and by the hour at the rate provided in the township’s attorney billing guidelines.

In March, 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 Susan 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 Tuesday’s council meeting, the issue flared up again, with council members having another heated debate before their vote on the “no support” resolution.

The latest legislation – 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. Michelle Casalino and Tammy Williams voted no.

The resolution takes effect immediately. Watch the council take their vote below (video is cued to the discussion/vote).

Rutherford gave some background about why he supported the resolution at the council’s previous meeting on May 16 (watch the video below).

However, it remains to be seen what actual impact the legislation will have on the situation or Trenk’s employment with the township. According to Kayser, the resolution “has no legal force or effect” – making it somewhat of a symbolic gesture.

That viewpoint appears to have been embraced by McCartney, who issued a scathing statement about the council’s vote after the meeting.

“This resolution is merely a statement of a vague opinion; however, I believe it borders on defamation and slander, alleging each attorney of being unethical and unprofessional,” McCartney wrote.

“Apparently, according to the resolution, the council majority has ‘serious concerns’ about the performance of their duties, none of which have been presented nor substantiated by facts nor tangible documents,” she said.

“However, at a previous council meeting, I recall an outpouring of testimonies supporting Richard Trenk as my choice to direct the township’s legal department, one, as you are all well aware, has worked to keep our legal department’s budget historically low compared to our outlying municipalities,” the mayor added.

McCartney continued:

“Can any member of this council point to any findings of ethical or professional misconduct, by Richard Trenk or his firm, or by Mr. Kayser, over the last five months, that would support such a vote of ‘no support?’ I would submit that you will not.”

“I fully support Ken Kayser,” McCartney wrote. “And I fully support Richard Trenk, who has just been rated as one of the top 100 attorneys in the state to head our legal department and to continue to serve as the town attorney.”

“Although I am motivated to be your mayor, I find myself confronted with an obstructionist-style council, seemingly more politically motivated by a shadow government creating havoc and public confusion, rather than working in a collaborative manner with my administration to help move the township forward to face our challenges together,” McCartney said.

“Now, I ask this council to pull this resolution to stop these baseless and unjust attacks on members of my administration, to put politics aside, to work together to lead the township forward,” McCartney concluded.

It may not be only the council that the mayor’s administration needs to convince, however.

During the public comment portion of Tuesday’s meeting, several residents brought up the ongoing Trenk saga, with one critic blasting the mayor’s statement that he will “continue to serve as my town attorney” – which was issued a day before the council’s “no support” vote – and recounting some past controversies involving Trenk (watch the video below, cued to his comments).

Trenk came to his own defense following public comment, speaking out against the resolution of no support and asking that the council strike Kayser’s name from it (watch the video below, cued to his comments).

“I am ready, I am energetic, and am committed to serve this township as long as the mayor permits me to serve in this capacity,” Trenk said.

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