Middletown school board rehires Kenney’s law firm

By josh davidson
Staff Writer

By josh davidson
Staff Writer

MIDDLETOWN — Despite disagreement from some Board of Education members, the board approved Malachi Kenney as its attorney.

The board voted 6-3 at its June 24 meeting to rehire Kenney, Gross, Kovats, Campbell and Pruchnik, Red Bank, as its attorney and labor counsel for another year.

The firm has represented the board for the past nine years and will be paid $115 per hour, up to a maximum of $60,000, as the board attorney and $115 per hour, up to a maximum of $70,000, as its labor counsel. Neither figure includes litigation fees.

Board members Joan Minnuies, Marjorie Cavalier and Enrico Paternostro voted against the measure.

This was the district’s last opportunity of the year for change, Cavalier said.

"The board has voted to retain the firm for another year without even considering other proposals," Cavalier said. "I offered several motions that offered an opportunity to reconsider this contract, and none passed. Unfortunately, I do not see any possibility of a position change unless the composition of the board changes. The next opportunity for this to happen is during next April’s school board elections."

After Cavalier made motions at the board’s May 27 meeting to consider other attorneys to represent the board, the board voted 5-3 to withhold a vote on the firm’s renewal without seeking proposals for other attorneys.

"I really think that Middletown needs a change," Minnuies said.

Kenney was the board attorney during contract negotiations between the board and the Middletown Township Education Association that resulted in a four-day teachers’ strike in 1998 and a seven-day strike by the union in 2001. The 2001 strike led to 228 teachers and support staff being jailed for refusing to obey a state Superior Court judge’s return-to-work order.

Minnuies said that over the last several months she has asked Kenney for legal updates but has not received them. She would not elaborate on what the updates were about. Providing the legal updates is in Kenney’s contract, according to Minnuies.

Kenney would not comment on the board’s decision.

Minnuies said she supported the board going out and seeking proposals for other attorneys.

"Some of the board members say that they want to run this board as a business, but all businesses go out and get proposals, and that’s what I think we should be doing every year," she said.

"I don’t think it’s a bad idea to go out and get proposals and let Mr. Kenney prove himself to us," she added.

Minnuies and Cavalier said they voted to have the board seek other at­torney proposals last year and will con­tinue to do so in future years.

But board member N. Britt Raynor disagrees with Minnuies and Cavalier’s stance on the issue.

"To me, it’s a no-brainer," he said.

Raynor said Kenney knows the dis­trict, players, contract, "and all the other little nuances that have been involved."

Raynor voted to keep Kenney’s firm as board attorney.

"Right guy, right place, right time. He belongs here. He has a wealth of knowledge. He knows the district better than most," Raynor said. "Whether you like him or not, I think most people agree that he’s a good attorney."

"A new firm could change the dy­namics in the district," Cavalier said.

She added that while most board members have said the current firm has a history with the district and is familiar with the board’s issues, a new firm could study the case files and learn the district’s history.

Teachers have made unjust pleas to oust Kenney, according to Raynor.

Raynor said he does not agree with statements that the key players in power during the strikes need to be removed. He added that because union Presi­dent Diane Swaim was re-elected in March by the MTEA membership for another two-year term after serving in the top spot since 1983, the board sees no reason to remove Kenney from his position.

District reconciliation and blame for past problems should not center around Swaim and Kenney, Raynor said.

"They’re both very talented people," he said. "It’s an unfortunate set of circum­stances. Some wrong deci­sions were made. Let’s put that past us and eliminate the phrase ‘We’ve got to get even.’ "