West Orange Council Rebuffs Mayor’s Attempt To Squash Lawsuit

WEST ORANGE, NJ — Want to end the lawsuit? Then “simply withdraw it.” That was the reasoning from West Orange Town Council member Asmeret Ghebremicael on Tuesday in response to an ongoing legal battle over the township attorney’s office.

For the past year, West Orange’s municipal government has been embroiled in a legal controversy surrounding Richard Trenk, who has been serving as the town attorney despite the absence of a work contract and a "no support" resolution from the council. See Related: Lawsuit Over West Orange Town Attorney Continues

The situation has spurred an ongoing lawsuit between Mayor Susan McCartney – who is in Trenk’s corner – and some members of the West Orange Town Council, who say that the longtime litigator and his law firm shouldn’t be getting payments from the township until the matter is sorted out.

Last week, an Essex County Superior Court judge granted a preliminary injunction in favor of McCartney, ruling that Trenk can remain the town attorney until the case is settled for good. He will be allowed to bill the township for “all work necessary” in connection with the job.

A mayor-backed resolution introduced during Tuesday’s council meeting would have dismissed the litigation – with prejudice and without costs – and cleared the way to turn the temporary injunction into a permanent one.

However, no members of the town council seconded a motion to vote on Resolution 112-24, putting the legislation into limbo (watch the video below, cued to the discussion).

Ghebremicael said that she didn’t support the resolution because she felt there is “no need” for one.

“The mayor initiated the litigation – we did not,” the councilwoman said. “She can simply withdraw it. I don’t even understand why we’re even voting on it.”

One of her council peers, Michelle Casalino, disagreed.

“Why did the mayor place this lawsuit on the council?” she questioned. “Because government was not moving.”

“I still think we should end this,” Casalino said, adding that the council has already tallied a $50,000 legal bill for the case – and it may take at least $25,000 to move forward.

“I think that money could be much better spent for many other items that we need here in the township,” she said. “I think we should support this and be done with it for the taxpayers of this community.”

Council President Bill Rutherford – who has alleged that McCartney and Trenk have “deceived” residents with misleading comments about the temporary injunction – questioned that line of reasoning.

“The only reason we have those bills at all is because we were sued,” the councilman asserted.

THE DEBATE OVER TRENK

McCartney has cheered for the judge’s temporary order, saying it will allow the town to move forward and put the legal brouhaha behind them. The mayor has also issued multiple statements on Trenk’s behalf, pointing to his three decades of experience as an attorney.

Trenk has advocated on his own behalf before the council, appearing at a meeting in June 2023 to offer his input on the resolution of no support (watch the video here; Trenk’s comments begin at the 2:07:20 mark).

“I have sought to provide thoughtful and competent advice to every mayor and every council person and every employee of this town whenever my advice and input have been sought,” he said.

“At no time during my service as township attorney has the township ever been faulted for any ethical or professional transgressions,” Trenk continued. “During my tenure, no attorney working on behalf of the township has engaged in anything that can ever be remotely considered illegal or immoral.”

However, 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.

During the public comment portion of Tuesday’s meeting, local resident Micaela Bennett argued that the resolution on the table is a bad deal for West Orange – and so is the current township attorney.

“Don’t even bother trying to fix it,” she told the council, asking them to pan Resolution 112-24.

“This case – and this township – is in this condition, all because of Richard Trenk,” she added. “The council majority is doing the people’s work. And there are thousands of us who support your efforts of ridding this town of the Trenk chokehold, once and for all.”

Other critics of Trenk's role with the township have included nonprofit advocacy group Our Green West Orange.

“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,” the group recently wrote. See their analysis of Trenk’s service with the township here.

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