Ross named boro attorney By bob fleming T
During the council’s regular meeting on March 20, council members approved the hiring of Ross, a position he previously held in Roosevelt, by a vote of 4 -0.
Councilmen Harry Parker and Paul Hoogsteden were absent from the meeting.
The appointment of Ross as the borough’s attorney follows more than three months of public debate between the mayor and council members, legal interpretations and postponed votes on the appointment process and the selection of a candidate for borough attorney.
At the borough’s annual reorganization meeting on Jan. 3, Hamilton, the new mayor, announced he would not nominate a candidate for the position of municipal attorney at that meeting, preferring to solicit applicants for consideration by him and the council. The anticipated reappointment of Ross as borough attorney was tabled for executive session later in the meeting and no action was taken then.
The following week, during an agenda council meeting, Hamilton attempted to introduce a resolution calling for the solicitation of candidates to be interviewed for borough attorney and an interim appointment to that position until a candidate was confirmed for 2000.
During the meeting, several council members stated their support of Ross to be reappointed and their intention to vote for him regardless of the mayor’s request to interview other candidates.
Council members offered alternate motions to name Ross as borough attorney, which failed when Hamilton cited a state statute that permits the mayor to name a candidate for appointment within 30 days of the vacancy (Dec. 31 expiration of previous appointment) which then must be acted on by the council.
When the mayor and council failed to reach consensus on the appointment process, resident Michael Ticktin, a practicing attorney, was asked to render an interpretation of the statute cited by Hamilton.
Ticktin confirmed Hamilton’s statement on the statute. Following his interpretation, council members passed a resolution appointing Ross as the interim borough attorney, until such time that a candidate for a one-year appointment was confirmed.
A second attempt by the mayor to receive support for a resolution calling for the solicitation of candidates again failed to receive support from council members.
On Feb. 14, at a regular council meeting, Hamilton attempted to gain council members’ support to appoint his recommendation, Edwin W. Schmierer, of Princeton, as borough attorney, without success.
Once again, council members attempted to move a resolution to appoint Ross as borough attorney, which was blocked by the mayor from consideration, citing state statute on the appointment process.
Ticktin, who was in the audience at that meeting, advised the mayor and council members that since Hamilton had notified the council of his intention to nominate Schmierer on Jan. 26, the council was obligated to vote on the mayor’s recommendation or wait 30 days to vote on another recommendation of its own choosing. No further action was taken at that meeting.
Following a public hearing on the 2000 municipal budget on March 20, council members, acting on Ticktin’s previous interpretation of the state statute on municipal attorney appointments, moved a resolution of appointment and voted to confirm Ross as borough attorney for 2000.
"It was a unanimous vote of confidence on John Ross," said Councilwoman Rose Murphy. "He’s given us good advice and information all along. Based on his past experience, he was the right choice for the position."
Murphy said she was impressed by the way Ross represented Roosevelt in the 1990s in a Superfund cleanup lawsuit, by putting together a coalition of towns and working on a state and federal level to minimize Roosevelt’s liability in the case.
"The lawsuit was settled favorably for Roosevelt," Murphy said. "We didn’t have to pay any money out on that suit and John Ross was largely responsible for that."
Council President John Towle said he was satisfied with Ross’ past performance after taking a look at him and the mayor’s candidate.
"Mr. Ross has led the town in the right direction on the issues facing Roosevelt," Towle said. "I don’t believe there is a need for change right now."
Towle said he spoke with the mayor’s candidate, Schmierer. He said he was impressed with Schmierer and would consider him for special counsel work if the need for it arises in the future.
According to Murphy and Towle, their support of Ross was based on his provision of service to the borough on an "as needed basis." They said Ross advised them they may retain special counsel on litigation matters if they choose to do so.
Contacted after the council meeting, Hamilton told the Examiner the issue is resolved and the governing body can proceed with other matters of importance to the residents.
"We need to get past this just as we dispose of other issues and then walk away from them," Hamilton said. "It was the council’s decision and now we can move on to other matters that deserve our joint attention and cooperation."