Spotswood administration stalls council's effort for special counsel in town's legal woes

SPOTSWOOD – The Borough Council wants to hire its own attorney to investigate the borough's administration, but the appointment is stuck on a legal issue that has not been resolved.

The Council voted Monday to hire Lawrence Sachs, an East Brunswick lawyer who previously served as Spotswood's borough attorney, at an hourly rate of $165 for the rest of the year.

But the hiring ran into trouble when Borough Administrator Brandon Umba put up a legal roadblock after the vote was taken.

Umba said he was required to inform council members that they could be in violation of state law which requires a certification of available funds by the borough's chief financial officer to hire an individual.

Umba said there was no certification of funds included in the resolution.

"All appointments that were done at the reorg had a certification of funds. This resolution does not have certification of funds," Umba said, adding the resolution to hire Sachs never went through his office so it could be checked.

"So you're blocking what we're trying to do," said Council President Nicholas Legakis.

"I'm not blocking anything," Umba said. "I'm just stating what state law states and you just passed a resolution without certification of funds."

Umba said he couldn't sign the resolution unless there was a certification of funds.

Which leaves Sachs' appointment in limbo.

The latest legal entanglement comes as Spotswood is buried in a blizzard of litigation involving Mayor Jackie Palmer, the police department and the borough.

More: Why has Spotswood's mayor gone to court to have police bodycam footage destroyed?

Legakis said at Monday's meeting that council members needed more guidance about the litigation and wanted to ask more questions and obtain legal advice.

“The Borough Council would like to hire their own special counsel to investigate issues with the administration and particularly the department of law, however that’s pending a determination by the administration as to whether they will certify funds to do so,” Sachs said Wednesday.

“We’ll have to see what happens at the next meeting,” he said. The next Borough Council meeting is scheduled for March 18.

Palmer, whose term as mayor expires at the end of the year, was not at Monday's meeting. It was the second Council meeting she has missed this year.

The resolution hiring Sachs states there is a need for a special legal counsel "to investigate and intervene, if necessary, in all lawsuits involving the Borough of Spotswood as a litigant or as an interested party and as specifically requested by the Borough Council."

The borough has been embroiled in lawsuits for several years.

Palmer recently asked the state Attorney General's Office "to assist my administration to ensure accountability in the Internal Affairs unit of the Spotswood Police Department."

"The internal affairs operation is broken in Spotswood," Palmer said in a statement. "Police leadership is broken. It should not be used to target borough police officers, borough employees and public officials."

The mayor's statement came a day after four police officers – James Parsons, Daniel Hoover, Osman Dikiz and Dominik Skibniewski – filed a lawsuit against the borough, police department, Police Chief Phil Corbisiero and Officer Richard Sasso, alleging that the chief and Sasso "target" any police officer "who is not part of the plot to oust the Mayor and Business Administrator."

The lawsuit alleges that the chief, Sasso and Acting Capt. Nicholas Mayo, who is not named as a defendant, have "factionalized" the department in a "personal vendetta" against Palmer and Umba.

That lawsuit came two days after Corbisiero filed a tort claim that he is intending to sue the borough, Palmer and other officials for $2.5 million because "of the continuous course of unchecked and rampant wrongdoings being committed" by Palmer, Umba and Assistant Business Administrator John Scrivanic.

Corbisiero alleges that he has been targeted for filing a lawsuit in 2020 with former Police Chief Michael Zarro alleging they were victims of age discrimination and whistleblowing retaliation against former Mayor Ed Seely and former Business Administrator Dawn McDonald. Zarro received an out-of-court settlement for $350,000 and Corbisiero received $120,000.

Last month Sasso, who is also the president of the local PBA, filed suit against Palmer and the borough, alleging the mayor "personally sought to stymie" his career.

McDonald is suing Palmer, Zarro, Corbisiero, Seely and others, claiming she was the victim of harassment and a hostile work environment. That case is heading to trial on May 28.

Last year Brittany Johnson, the borough's first female police officer, filed suit against Palmer, Corbisiero, Sgt. Nelson Nichols, Dikiz and the borough, alleging she was the subject of discrimination, retaliation and harassment because of her gender. That suit is still pending.

Also still pending is a lawsuit filed by officers John Fedak, Mayo and Edward Scharpley in June 2020 against McDonald, Seeley and the borough, alleging they were the victims of a hostile work environment, harassment and retaliation.

Dawn Crandall, the borough's head crossing guard, has also filed a $2.5 million tort claim against the borough and the mayor, alleging she has been the victim of a hostile and retaliatory work environment.

In addition, Palmer and the borough have filed a suit against the Middlesex County Prosecutor's Office to block the release of bodycam footage of a 2022 confrontation between the mayor and two police officers.

Email: sloyer@gannettnj.com

Susan Loyer covers Middlesex County and more for MyCentralJersey.com. To get unlimited access to her work, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Spotswood Borough Council wants special counsel in town's legal woes