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One Step Forward

I applaud the decision announced by Mayor Eric Jackson, announced at last night’s meeting of City Council, to end the City’s contract with the law firm DeCotiis Fitzpatrick & Cole. This is the firm that Trenton’s “full time” City Attorney David Minchello joined as partner while also intending to remain in his City position, a move that became public only this past Monday. The Mayor denied there was any problem with the proposed arrangement with Mr. Minchello and his new firm. “I want to have this on record that there is nothing illegal or unethical about the practice that we are under,” he told Council, as quoted in the Times article this morning by Jenna Pizzi.

Your comment is noted for the record, Mr. Mayor. But, come on! Really? Nothing unethical?

The Times article, does not mention, nor does the Trentonian article by David Foster,  Mr. Minchello’s intentions for the other municipal “clients” he is also currently serving. Mr. Foster did remind his readers, “In addition to leading Trenton’s law department, Minchello is Plainfield’s city solicitor, special counsel in Burlington, and North Plainfield’s municipal prosecutor.” How Mr. Minchello will juggle all of these civic duties AND his new partnership AND work full time as Trenton’s Law Director – as City Ordinance requires – is one of the many loose ends that remain to be tied up.

We still deserve a fuller explanation of the contracting process by which DeCotiis won its $80,000 legal services contract. We know that DeCotiis was not the lowest bidder, with an hourly rate proposed of $175, compared to Rudermann Glickman’s – the firm replaced by DeCotiis – rate of $140. Also, that $175 rate was reduced to $150 hourly before the contract was signed, suggesting that discussions and negotiations were carried on between DeCotiis and the City after their proposal had been tendered and opened. This sounds like this contracting process was something less than fair, open, and transparent.

I think Mr. Minchello also needs to provide a chronology of the events of the last several months. We know that DeCotiis was awarded the City contract in November, and that Mr. Minchello announced his partnership this past Monday, March 30. What we don’t know is when Mr. Minchello started to talk to the firm about coming on board there. We don’t know when Mr. Minchello spoke to Mayor Jackson about his plans, and we don’t when the City talked to the NJ Department of Community Affairs (DCA) about the proposed arrangement.We don’t even know how widely known was the fact that Mr. Minchello was working for three other towns at the same time he was our Law Director.

To me, those are vitally important facts to bring into the open before I can agree with Mr. Jackson’s claim that there is nothing unethical here. To simply assert that everything is OK without knowing the chronology is just not credible.

What we do know is that, prior to Monday, several if not all members of City Council – who Minchello formally represents as City Attorney – were totally in the dark about the situation. At-Large Member Phyllis Holly-Ward, according to Jenna Pizzi, “she read about Minchello’s new position in the news, rather than hearing about it from him before the decision was made. ‘It is almost a lack of respect,’ Holly-Ward said.”

“Almost.” Councilwoman, you are being kind. You were dissed, Big Time!

Her colleagues apparently agreed with that sentiment, voting unanimously last night to hire special counsel specifically to represent them.  As quoted in the Trentonian North Ward Member Marge Caldwell Wilson said, “If we’re discussing this issue [Minchello’s appointment] , I don’t believe that Mr. Minchello should be our counsel. I think someone else should be here representing us.”

Another member is quoted as being troubled by Mr. Minchello’s arrangement. The Times writes, “Councilman Alex Bethea agreed saying now that Minchello is a partner, they city attorney now has a financial interest in the DeCotiis firm. ‘You can’t separate the two,’ Bethea said. ‘To me that is a slippery slope.’

Do you realize what you just read? Do you?

ALEX BETHEA IS TROUBLED BY THIS! ALEX BETHEA SEES “A SLIPPERY SLOPE”!! ALEX BETHEA VOTED FOR OUTSIDE COUNSEL!!!

Mayor Jackson, if EVEN ALEX BETHEA can be roused from his torpor to be bothered by a situation, you gotta know it’s a real problem!

The Administration tried to sell this deal as one that would save money. We’ll save on not paying Minchello’s fringe benefits, we were told. Well, with the prospect now of new outside counsel for City Council, so much for that big idea! We’ll no doubt end up paying more more money for this arrangement than we would have with a full time City Attorney who is actually Full Time for Trenton.

I will say that Mr. Minchello’s new partners are being gracious about this turn of events. The Times quotes a statement from the firm that alludes to Trenton’s past and current problems and sensitivities to a situation like this. “Unfortunately the city is in a difficult situation of addressing perception over substance. We fully appreciate their situation and understand their need to act cautiously.” As I wrote above, we don’t yet know enough to agree that this is a matter of “addressing perception over substance.” But DeCotiis understands our need to act cautiously, and I appreciate that.

As I do appreciate Mr. Jackson’s decision and announcement yesterday. As reluctantly and begrudgingly he may have come to take this action, it was the right one to take. It’s a major step forward for the Mayor’s pledge made last year to operate his mayoralty and his Administration with “Zero Tolerance” for unethical actions and appearances.

1 comment to One Step Forward

  • ed w

    Trenton should have no problem FIRING him, after-all he is now a partner in another law-firm, good bye and good riddance.

    btw, I have a friend at the justice department, he is not allowed to work for any outside law-firms even if he gets no salary.