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Casting Lots

Brothers and Sisters, today’s lesson is from Matthew, Chapter 27, Verses 35 and 36:

“And when they had crucified him, they divided his garments among them by casting lots. Then they sat down and kept watch over him there.”

I offer this story, which is told in each of the four Christian Gospels, not to preach a religious parable during this Holy Week, but a political one. This story shows how, even in ancient times, it has been the practice of those in power to rob the poor and helpless under the guise of law. In the Gospel, we read how in the course of carrying out the legally sanctioned execution of Jesus of Nazareth, soldiers and centurions wearing the uniform of Rome found the chance to make a couple of denarii off the poor guy hanging on the cross above them, while doing their official duty.

So it has ever been throughout history. Those with a monopoly over the legitimate use of violence – one of the definitions of a state – also use that power to make a little money on the side. Perfectly legally, of course. The uniforms and flags may have changed, but the basic dynamic has not. There are always opportunities for personal gain, even from the poorest and powerless.

In the present day, many of these legal thieves wear suits and ties. Such as this morning’s example, Trenton Law Director David Minchello and his new partners at the law firm of DeCotiis Fitzpatrick and Cole. We heard the news yesterday that Mr. Minchello, who earns a fulltime salary of $105,384 as Trenton’s City Attorney and the head of the Law Department, has become a partner at the Teaneck-based firm with an office in Princeton. According to the account by Jenna Pizzi in this morning’s Trenton Times, Minchello intends to keep his position as the City Attorney as he takes up his partnership at his new firm.

The article is silent on whether Minchello will also keep his other municipal jobs. According to The Times, he “is also the city solicitor in Plainfield, special council (sic) for Burlington City, and a municipal prosecutor for North Plainfield.” He is quite the busy man.

Despite the fact that Trenton’s City Ordinances state that “Department heads [such as Minchello] shall devote full time as required for the proper and efficient discharge of the duties of their respective offices,” he cannot help but be a part-time Director. He will also likely claim that, as a partner of a private firm, he will not be subject to the various financial disclosure and ethics laws applicable to other, real fulltime City Directors and employees.

Which will probably be a good thing for him, since he might otherwise face some embarrassing questions about his role in landing a contract for legal services to be provided to the City of Trenton by his new firm DeCotiis Fitzpatrick. This was approved back in November, and surely had to be a factor in his favor when he was involved in his employment conversations with DeCotiis. The contract is only for $80,000, small change as far as these things go.But the firm won the contract for legal services even though its hourly rate was bid at $175, much higher than the $140 charged the city by Ruderman Glickman, the firm that previously had the work that is now to go to Minchello’s new friends.

That should have been enough to raise suspicions of whether this contract was properly awarded to DeCotiis. The added fact that city spokesman Michael Walker confirmed for the Times that the eventual contracted hourly rate was negotiated down to “only”$150 raises all kinds of doubts about how fair, open, honest and transparent this whole bid process was.

The contract is likely to expand greatly if his new firm will now bill the City for Minchello’s (part-time) services as City Attorney. The firm will no doubt take on other city business, and this may be the first step in the wholesale privatization of Trenton’s Law Department.

About his new arrangement, Michello tells the Times, “It is perfectly legal.” It probably is.

The NJ Department of Community Affairs (DCA), which gave its blessing to the deal, went further. “We see no conflicts or ethics violation,” DCA rep Tammori Petty told the Times by email.

Mayor Eric “ZT” Jackson had no comment on the matter. As you will recall, Jackson brought Mr. Minchello to Trenton, allowing him to pad his resume further as he sought the next step in his career, his new gig at DeCotiis. Since Petty told the Times that DCA had “an honest conversation with the mayor” about the matter, we can presume despite his silence that he is hunky-dorey with his pal’s new gig.

Of course Jackson is ok with it. So far in his Administration, he hasn’t seen a questionable situation he hasn’t liked.

Of course DCA doesn’t mind the deal: it has only a minimal expectation that this arrangement will not cost cost any more to the city.”

However, this whole thing stinks. We well know how this Administration and the last play fast and loose with the City’s money, especially with regard to outside legal services. Just recall the namesĀ  Long Marmero and Cooper Levenson for a refresher course.

The prospect of a privatized City Attorney is one that should greatly concern Trenton’s citizens. The possibility that the situation may be entirely legal does not excuse it or make it right. We’ve seen too many recent examples of “legal” actions that will likely only have the effect of impoverishing this city even further. They are all “legal,” but they are all robbery.

We see public school districts in Trenton, and throughout the state facing critical financial cutbacks, layoffs and school closings, in large measure because so many taxpayer revenues are being diverted to funding private charter schools, many of whom are commercial enterprises.

We see a new law passed in New Jersey which makes future sales of public water systems to private industry without public approval much easier to accomplish.

And we have witnessed the award of Billions of dollars in taxpayer subsidies to corporations in New Jersey whose benefits to anyone other than corporate managers and shareholders are questionable.

Today’s news about David Minchello should be considered in the light of all of these developments. Corporations are people, my friend, but lately corporate people seem to be doing very, very well, at the expense of flesh-and-blood real people.

And the poorest people are doing the worst. In the midst of their misery, as the authors of the Gospels and the authors of today’s news remind us, there have been and will always be those who will seek to swoop in and cast lots for the spoils. Even when – especially when – they have the cover of law to do so.

Trenton’s City Council will meet in Executive Session tonight to discuss Mr. Minchello and this deal. I would hope that Council do the right thing and vote to block the deal. The meeting will be closed to the public, though.

But it might be possible for you to stand outside the doors of their meeting room and listen. If you hear the sounds of shaking dice, be afraid.

casting-lots

2 comments to Casting Lots

  • ed w

    considering the length and breath of the cities legal responsibilities, Trenton demands a FULL-TIME Dir of legal services.

    His resignation should be demanded and quickly accepted.

  • James E.

    and sadly, bringing these issues to light will only enrage and inflame those in our community that actually listen, actually care, and actually comprehend… but ultimately amount to little. People like Jackson, and worse, have been in charge of Trenton for decades now – DECADES – and they’re only “balanced” by either an, at best, impotent City Council or, at worse, a pandering City Council, and of course, the vocally(silenced) minority. The majority of this city will just continue to vote them in and praise their good work on the color of their skin or their high school football record.

    The pile of bs from this city’s leadership is taller than the Battle Monument at this point, but your average Trentonian doesn’t notice the scent anymore. It’s institutionalized, ingrained, and most damaging, expected – and the rest of the city, the county, the state, no longer feels any urgency to address it, while the few that care are ignored, insulted, and dismissed.

    I’m sorry for everyone, myself included, that knows enough to suffer this place and the endless stream of corruption and incompetence that pours out of city hall onto our shoes.