By jeanette M. eng
Staff Writer
MARLBORO — State Sen. John O. Bennett III (R-Monmouth) has stepped down as Marlboro’s municipal attorney while a federal investigation of legal bills he has submitted to the township is under way.
"Effective immediately, I and my law firm step aside as legal counsel pending the outcome of the investigation," Bennett said during the Township Council’s March 13 meeting.
Bennett’s decision followed the publication of stories in the Asbury Park Press in recent weeks that indicated he had double-billed Marlboro and been paid twice for the same work. Bennett said he would credit the town for the approximately $8,000 he had been paid in error, according to the published reports.
Last week, published reports indicated that a federal grand jury in Newark has subpoenaed Bennett’s billing records for his work as attorney for the municipality.
Bennett, who is the co-president of the state Senate, welcomed the investigation as an opportunity to "clear up any unresolved or unanswered questions," adding that he was "ready, willing and able to assist them in their efforts."
Bennett, who has served as township attorney since 1992, received words of support from Republican Mayor Matthew Scannapieco.
"Sen. Bennett, to me, has been a good friend, to the township, he has been a good friend, and he has been a quality attorney," said Scannapieco. "It is a difficult day to see Sen. Bennett have to go through trying times and to have taken the action that we did."
The mayor has worked with Bennett in Marlboro since 1984, first as a zoning board member when Bennett was the attorney for that body. When Scannapieco took office as mayor in January 1992, he appointed Bennett to the position of township attorney.
In the wake of Bennett’s decision to step aside during the federal investigation, council members named Jonathan Williams of the DeCotiis, FitzPatrick, Gluck and Cole law firm, of Trenton, acting township attorney.
Williams has represented Marlboro for two years in negotiations pertaining to the acquisition of the Route 520 property that formerly housed the Marlboro State Psychiatric Hospital. Council members expressed confidence that Williams would be able to handle the additional responsibilities.
After Bennett announced his decision, council members and residents addressed the situation. Some people were relieved to see Bennett step down, hoping his move would be a catalyst for additional investigations into Marlboro politics. Others were appalled at the treatment Bennett had received and cited reasons why they did not believe he deserved that treatment.
The council as a whole was apologetic to residents, acknowledging that a redemption is in order and is the first priority.
"The first priority is to restore your faith in a municipal government that may not have been functioning to preserve or promote our citizens’ best interest, but rather seems to have best served a chosen few," said Democratic council President Ellen Karcher.
Democratic Councilman Paul Kovalski agreed, saying that residents "should not be concerned with fat cats loosening their belts in back rooms and double-billing and other issues like this. There has to be a real big cleanup in Marlboro."
Democratic Councilman James Mione, however, reminded his fellow council members of the work Bennett has done and said, "He deserves the chance to redeem himself and come clean."
Taking a similar stand, Republican Councilwoman Mary Singer reminded everyone that "one is innocent until proven guilty."
"Sen. Bennett is an honorable man. We’ve had wonderful service from his law firm. [Bennett’s associate] Fred Rafetto is a wonderful attorney. I feel truly sorry at the turn of events," Singer said.
Resident David Gross expressed his fear that the council was "asleep at the wheel," citing the fact that the billing incidents in question were already two years past and that Democratic Councilman Barry Denkensohn had said earlier in the meeting that he was unaware of a special project for which Bennett had been paid $114,000. That project concerns the recodification of the town’s ordinances.
In his earlier comments, Denkensohn had gone on to say it was his understanding that the project may have been able to be completed for between $40,000 and $50,000.
On the same note, former councilman Herb Lichter expressed concerned with the council’s bookkeeping, suggesting that the council members’ first step should be to look into their accounting procedures.
"You get a bill six months after the fact [of the date of service] and no one questions whether or not that bill has been paid. How much money has this cost the taxpayers of this town?" Lichter said.
Turning the face of scrutiny on the council members themselves, former councilwoman Jo Ann Denton challenged their promise of ethics, trust and leadership.