Sunday, September 1, 2013

Lodi Borough Attorney Alan Spiniello's No-Bid Contract/$150,000 Retainer Does Not Say that He is Not Required to Represent Lodi in any Appellate Division Cases

In an article posted on northjersey.com today, Lodi Borough Attorney Allan Spiniello is quoted as saying: "Under our retainer agreement, we're not responsible for appellate division cases."


However, if you read his no-bid contract from July 1, 2013, it does NOT state that he is NOT RESPONSIBLE for any appellate division cases.  You can read page 4 to see what is and is not required of him as borough attorney.


 What is required:

“The services to be performed by the ATTORNEY shall include representation of the BOROUGH in various matters as directed by the Mayor and Council for the BOROUGH and/or the Municipal Manager, including, but not limited to, preparation of all Resolutions and Ordinances as requested and identified by the Mayor and Council and/or Municipal Manager, the preparation of legal opinions as requested by the Mayor and Council and/or Municipal Manager, the representation of the legal interests of the BOROUGH in litigation and administrative proceedings  before the State trial courts of the State of New Jersey and administrative agencies of the State of New Jersey and the representation of the interests of the BOROUGH in arbitration or grievance proceedings instituted against the BOROUGH, the preparation of contracts and agreements required by the BOROUGH, the review specifications for the procurement of goods and services by the BOROUGH, the rendering of legal advice and opinions to the Mayor and Council, the Municipal Manager and/or Department Heads of the BOROUGH and such other legal services as may be necessary for the efficient operation of the governmental affairs of the BOROUGH.”

 
What is not required:

“Provided however, notwithstanding the foregoing, the ATTORNEY shall not be required to represent the BOROUGH in any tax appeals, municipal bonding work, labor or contract disputes or disputes with the Police Department or Police Benevolent Association, any work assigned by the BOROUGH to outside counsel and any matters where the ATTORNEY has a conflict of interest or potential conflict of interest.  Nothing herein contained shall prevent the ATTORNEY from engaging in any other public or private employment and the private practice of law.