The Township Council unanimously granted its consent to the mayor’s appointment of Michael W. Herbert as the township attorney at its January 31 Council meeting.
During my public comments before that vote was taken, I indicated that Council should withhold its consent if the Administration had not shown that the appointment is prudent and in the best interests of West Windsor residents. I asked whether the Administration had given Council the names of attorneys who are experts with respect to Faulkner Act municipalities like West Windsor and would be available for this appointment. I also asked whether the Administration had shown Council the fees that those attorneys would charge.
I asked Council whether they knew that George Dougherty of the firm Katz and Daugherty in Mercerville, with offices on the border of West Windsor, is one of the preeminent experts on Faulkner Act municipalities. I asked whether the Administration had given Council his availability and fees.
I also asked what fees Michael W. Herbert would charge and whether he agreed to the same cap on his fees to which his father had agreed. I asked where the contract governing the terms of his appointment was since it was not attached to the appointment resolution.
I advised Council that, if the Administration has not provided fee quotes from other attorneys, Council did not have a record establishing that its consent to this appointment would be prudent. In that case, I advised that Council should withhold its consent to the appointment, Council should advise the Administration that it must obtain fee quotes from other attorneys, the Administration should present Council with information showing that the appointment reflects the best available combination of legal services and fees, and only then, Council should grant its consent to an appointment supported by a clear record that it is a prudent, fiscally responsible appointment made in residents’ best interests.
I emphasized that my comments were not about opposing Michael W. Herbert. He is a fine man and a good attorney. I stated that my comments were about the best interests of West Windsor residents. I asserted that if the administration had provided fee quotes from other attorneys, that information should be on the record so that it was clear that the consent of Council would be a fiscally responsible decision.
Regrettably, the Administration did not provide information about other attorneys and their fees. Council consented to the appointment without any record establishing that the appointment was the best combination of excellent legal services and low fees representing the best interests of West Windsor residents. Sadly, too, Council failed to obtain Mr. Herbert’s commitment to his father’s cap on fees before it lost its leverage by consenting to the appointment.
Three of those Council members were elected to office a short time ago pledging to take every step necessary to restrain the growth of West Windsor residents’ tax burden. It seems that words said in the heat of a campaign are quickly forgotten.
I will be circulating a petition among residents to put a question on the November ballot whether it should be mandatory that professional services contracts be put out to bid. I imagine that many people will jump at the chance to sign the petition. That will be one step toward introducing some sorely needed fiscal discipline to West Windsor.
Charles C. Morgan
Morgan is a former West Windsor Council member.
