Resolution says lawsuit was frivolous; mayor says it was anything but
BY PATRICIA A. MILLER
Staff Writer
The GOP-controlled Brick Township Council wants Democratic Mayor Daniel J. Kelly to pay the township’s legal fees from his “frivolous” lawsuit over municipal appointments.
The item was listed on the agenda at the June 26 council meeting, but Councilwoman Ruthanne Scaturro decided to hold it because council President Stephen C. Acropolis was on a family vacation in Florida.
Buczynski ruled on June 15 that the professional appointments Township Clerk Virginia Lampman made during her brief time as acting mayor earlier this year were valid.
The final attorneys’ bills have not been received yet, Lampman said.
Mayor Daniel J. Kelly said he thinks the effort to take the counsel fees to court is “ludicrous.”
“It’s obviously a form of intimidation,” Kelly said. “They are trying to intimidate the office of the mayor of Brick, and I kind of resent that. Their concern about the cost of attorneys’ fees is just a little late. We asked them many times would they tell their attorney to get on with the case, and they ignored me.”
Acropolis said Friday when he returned home that he is leaning toward not filing the motion.
“You figure the taxpayers will have to pay for it,” he said. “I think there are a lot of people who want to put this behind them and move forward a little bit. It’s going to be hard for us to go into court to spend more where we are not guaranteed to recoup anything.”
The sole issue in Kelly’s lawsuit was whether Lampman, who was appointed acting mayor by former Democratic Mayor Joseph C. Scarpelli on Dec. 6, had the legal right to make professional appointments at the New Year’s Day organization meeting.
Kelly and his attorneys contended that the appointments process violated the state Municipal Vacancy law. Lampman’s rights as acting mayor ceased on Dec. 8, when Scarpelli’s resignation became effective, according to the mayor’s lawsuit.
The council picked Kelly to serve as mayor on Jan. 4, three days after the organization meeting. Kelly said when he was selected that he thought the appointments were his to make.
But Buczynski ruled that Scarpelli’s resignation was immediately effective on Dec. 6 and that he permanently forfeited his office on Jan. 8, when he pleaded guilty to corruption charges in federal court in Newark.
Kelly filed the suit on Feb. 2 and said he only wanted an answer to whether or not Lampman had the right to make professional appointments.
“I think it was everything but frivolous,” Kelly said. “I said from day one I was just looking for a decision. A lot of people felt what I was doing was right.”
Steven Secare, Kelly’s attorney, said he advised Kelly to appeal Buczynski’s decision.
“But because of his commitment he made to the public, he refused to do so,” Secare said. “I still believe we could have had a successful appeal, but obviously I have to follow my client’s instructions.”
Secare said if the Township Council does end up filing the motion to recoup the counsel fees, he will recommend that Kelly file a crossmotion, for reconsideration of Buczynski’s decision.
“If we file a motion for reconsideration, the mayor will have kept his commitment and we will have an opportunity to be heard,” Secare said. “If they attempt this action against the mayor, it has little chance for success. And it is purely a political vendetta.”
Lampman read the highlights of the judge’s decision into the record at the June 25 meeting, after Scaturro announced that Lampman had a “presentation” to make.
Lampman said it was her decision to read the decision.
“I asked them if I could do it,” she said. “I felt it was needed. We talked about it for many months and expended so much money on the lawsuit. I wanted the residents of Brick Township to know what the end result of the lawsuit was.”
“The first time I met her, I told her I understood why she did what she did,” Kelly said. “I would never hold that against her. I have no problem with Ginny Lampman . She did was she was forced to do.”