The West Windsor Council has approved hiring an attorney to defend the mayor in a lawsuit Morgan has filed against him.
Morgan filed a lawsuit against Hsueh last month, claiming that the mayor failed to provide a report that the councilman believes he is entitled to under the township’s Faulkner Act form of government.
Morgan submitted a request in October asking for information about the 2010 municipal budget. Morgan asked for the report to be submitted on or before November 4 so that he could use it as a reference for discussion of the “proposed zero-based budget policy scheduled for the November 9 council meeting.” Morgan says he never received the report.
Morgan said the lawsuit could have been avoided if Hsueh simply responded by saying he would not provide the budget scenarios he asked for.
The council voted 4-0, with Morgan abstaining, to appoint Steven Secare, a lawyer from Ocean County, at a cost of $165 an hour, to represent Hsueh.
Township Attorney Michael Herbert said he did not think it was appropriate for him to represent Hsueh, since he represents the township, including council members and mayor.
Herbert said that since the mayor was to respond to the lawsuit by March 4, Secare sent in a response to the lawsuit before the council meeting so that it could make the time limit.
Morgan took issue. “It seems to me to bless the work that’s already been done, like the horse is behind the wagon.”
Council members Kamal Khanna and Linda Geevers defended the mayor and called on Morgan to withdraw his lawsuit.
“Based on my understanding of the issues involved, this is unnecessary, a waste of everybody’s time, and most importantly, a waste of taxpayers’ money,” Khanna said.
Geevers said she had “never seen such divisiveness.”
“We can’t be functioning where if we don’t get answers to questions, we run to the courts,” she added. “It’s a big distraction for everyone here, and it becomes a big distraction for the staff. It’s a waste of taxpayers’ money.”
Council President George Borek said the council should be working on the budget. “I think our focus should be — ‘Let’s not worry about the bickering; let’s do it the right way, and put the bickering aside for the time being.’”
Councilwoman Diane Ciccone said that as an attorney, she understood that everyone has a right to file a claim, but said she also understands that the mayor is being sued in his place of employment, which by law, is charged with representing him — in this case, that’s the township.
Morgan abstained because it would be a conflict of interest for him to vote on the matter, but wanted assurance that the mayor would not engage in a conflict of interest by signing off on the resolution. Hsueh said he would have Business Administrator Robert Hary sign off on the matter.
