By Greg Forester, Staff Writer
WEST WINDSOR — It seems like déjà vu all over again, as Yogi Berra famously said.
Another disagreement over an attorney is brewing between Township Council and Mayor Shing-Fu Hsueh, as the Township Council moves forward with redevelopment planning duties.
This new impasse revolves around the selection of a redevelopment attorney, with Mayor Hsueh having recommended two candidates for the position, neither of which happen to be favored by a majority of council members, township officials said.
Township Council was given an opportunity to interview those candidates as part of the compromise worked out over the summer between some council members and Mayor Hsueh, after council members William Anklowitz, George Borek and Charles Morgan tried to oust Township Attorney Michael Herbert because of alleged disagreements over redevelopment.
Mr. Herbert ended up staying on as Township Attorney, but council was given the chance to interview candidates for an attorney position to provide second opinions on redevelopment issues.
So which side will end up selecting the township’s redevelopment attorney?
On the one side, Mayor Hsueh insisted Wednesday that as a mayor in a Faulkner Act municipality, he retains the ability to make appointments and execute contracts, like the contract to hire the eventual redevelopment attorney.
”They still have to respect our form of government, the strong mayor system,” said Mayor Hsueh, who pointed out that the mayor is empowered to make appointments in that system, with the advice and consent of council.
But Mr. Morgan said that he remained adamant about selecting a candidate favored by the council, even if the attorney was not one of the two tapped by Mayor Hsueh.
”There will only be an impasse if the mayor nominates someone that council won’t vote for,” said Mr. Morgan.
Mr. Morgan said that allowing the council to pick its redevelopment counsel was part of the agreement reached in the controversy over Mr. Herbert.
”This was part of the compromise,” said Mr. Morgan. “Now the mayor is going back on his word.”
Mr. Morgan said he was reviewing state law to see if the council would be afforded the ability to appoint the attorney under redevelopment law, which gives any body designated as a redevelopment entity the ability to contract with consultants, a group that includes attorneys.
Council happens to be considering an ordinance — likely up for vote on Feb. 11 — that would designate it as the entity responsible for the township’s redevelopment process, which carries certain powers under state law.
Mr. Morgan said there are enough votes for the measure to pass.
Mr. Anklowitz said that the two bodies working out their disagreement was the only way out of the pickle, with both sides having certain statutory powers in the process.
Under West Windsor’s government, the mayor has the power to appoint while the council has the ability to give advice and consent on those appointments.
”If council votes to give a contract with one particular attorney, it is still up to the administration to sign the contract and administer the contract,” Mr. Anklowitz said. “The mayor can argue he has the power to appoint. As a practical matter, it’s a stalemate.”
He said cooperation was key.
”When we all agree, things move forward quickly, and when there is disagreement, things come to a stop,” Mr. Anklowitz said.
Township officials are waiting for legal opinions on whether the designation would allow the council to select its own attorney, with Mr. Herbert expected to provide an opinion sometime in the coming weeks, likely in closed session.
Like Mr. Anklowitz and Mayor Hsueh, Mr. Herbert said that with some cooperation between the administration and the council, the whole disagreement could be avoided.
”It is our hope that council will agree to select one of the two preferred by the mayor, so we can get on with this thing,” Mr. Herbert said.
