Good afternoon, West Orange, and thank you for your patience. We are only a brief five minutes behind schedule. Uh, welcome to the special township council meeting for August 20th, 2025. We are coming to you live streaming from
Council Chambers at 66 Main Street in Town Hall. Uh you are welcome to join us here where public comment will be permitted but there will be as always no public comment on Zoom. At this time I'd like to turn the floor over to our council president.
Thank you Mr. Fagan. Madame clerk. Yes. This is to inform the general public that this meeting is being held in compliance with section 5 of the open public meetings act chapter 231 public law 1975. The notice for this meeting was emailed to the Star Ledger and West Orange
Chronicle on August 15, 2025 with a revision on August 18th, 2025. Councilwoman Castelino, present. Councilwoman Ruden here. Councilwoman Scarpa present. Council President Koviaak
present. Oh, will everyone please rise for the pledge of allegiance to the flag of the United States of America and to the republic to the republic for which stands under under God indivisible
liberty. The council is now in their public meeting. Thank you, madam clerk. Uh, welcome everybody to this special meeting, council meeting on August 20th. Appreciate you being here. Uh,
for context, I was on vacation for most of the planning period of of this special meeting and whatever challenges you faced learning about this and and attending, uh, they're my fault. So, I just want to apologize in advance, but I'm glad you could make it. I just want
to give some additional uh background uh on why we are here today. The the mayor sued the previous term council more than two years ago largely over the issue of whether the town attorney and his law firm could continue with the township.
Uh the town attorney and firm are also parties to this litigation. As we've said it previously in public meetings, the sides are trying to reach agreement to settle litigation. These discussions have continued for months. During this time, the former interim business
administrator resigned and according to an email he sent, the mayor appointed the assistant business administrator to interim business administrator effective May 1st along with a significant increase in compensation. Under our form of government, council has advice and consent authority over
certain highlevel mayoral appointments. The council also has an ordinance granting similar powers. Council is here today to consider using this advice and consent authority over the interim business administrator appointment. The settlement negotiations have included
several mayoral appointments subject to the council's advice and consent including the town attorney and the interim business administrator. The town is separately the town attorney has provided a legal opinion some months ago that the council must first approve
any proposed legislation in the new business section of council meetings. If approved, the legislation goes to the town attorney to put into proper legal form for consideration for another uh legal vote. This vote today has no legal
authority as you may think of it. It is this first vote in new business that brings us here today. The vote today has no practical legal impact. Nothing happens legally today except that the resolution will come back to the council for another vote that may impact the
status of the interim MBA and hold financial implications. Hopefully, we will reach an agreement on settling the litigation before that next vote takes place. Before public comment, I need to explain that I uh well, I've already explained that. Um let's see. A major
issue today is that you have not had a chance to review the draft resolution. Uh we have been working on it until very very recently and it included changing the title which which was actually on the public notice. So the title and the
content of the resolution has changed uh uh if you read the previous notice and are expecting that resolution, it's not going to be that. Uh so right now the resolution is going up on the township website and I also think I need to read
it now uh because uh just so you'll know for context what we're doing uh throughout this meeting. So the title of the resolution is resolution 192-25 me resolution memorializate remaker
pardon memorializing the expiration of the 60-day period of the mayor's apparent appointment of the interim business administrator and withholding council authorization of any extension of such time period at this time. Whereas West Orange's Township interim
business administrator James Pabbitt announced in an April 24, 2025 email titled subject regarding state budget testimony adopted rules FEMA funding end quote that he was resigning his position and whereas according to Mr. A rabbit's
email. Mayor Susan McCartney had selected the West Orange Township Assistant Business Administrator, Peter Smaldo, to become interim business administrator effective May 1st, 2025. And whereas Mayor McCartney apparently made this promotion without consulting or even informing the township council
directly ahead of or subsequent to Mr. Abbott's email. And whereas Mr. Smaldo began serving as the interim business administrator on May 1st, 2025. And whereas the West Orange Township Municipal Code section 2-2.2 appoint quote appointment powers of the
mayor end quote in subsection D reads whenever a vacancy exists in any office required by the charter or this chapter to be filled by the mayor with the advice and consent of the council and there is no holdover incumbent. The mayor may temporarily
fill such vacancy in the absence of any contrary position in the charter or ordinances by appointing an acting officer, including the designation of himself, and that's of course from a prior time because obviously the mayor is now a herself as acting business administrator in the event of a vacancy
in that office. In so far as practical, such appointees shall possess all of the qualifications of a regular appointment to such office and shall have all the functions, powers, and duties of the office until it shall be filled permanently. Any such appointment shall terminate not later than 60 days after
the date of the appointment unless the council shall by resolution authorize one or more extensions of such period. End quote. Whereas this ordinance section grants the mayor the ability to appoint without advice and consent from the council for up to 60 days for the position of
interim business administrator. And whereas Mr. Smaldo has served as interim business administrator for more than 60 days since May 1st without the council by resolution authorizing any extension of such period. And whereas Mr. Smaldo's appointment to interim business administrator has significantly
increased his compensation as apparently decided by Mayor McCartney. And whereas the position of the interim visit administrator is part of the discussions to potentially settle the litigation filed by Mayor McCartney against the previous term of council and continued with the current town council without a
successful settlement agreement so far. And whereas township council at this time desires as part of its prudent exercise of its duly author authorized management of the township's financial affairs to reduce the increased compensation to Mr. Ronaldo resulting
from the mayor's apparent appointment to interim business administrator without a settlement of the litigation. And now therefore, be it resolved that township council hereby memorializes that the 60-day period for an interim appointment for business administrator without advice and consent has expired. And now
therefore, be it further resolved that the township council explicitly withholds any authorization for an extension of such appointment for Mr. Smaldo as interim business administrator at this time. And now therefore, be it further resolved that the township council at this time rejects Mayor
McCartney's appointment of Mr. Smaldo as interim business administrator beyond 60 days effective immediately. And be it further resolved that a certified copy of this resolution be delivered forth with to Mayor McCartney, Mr. Smaldo, and the municipal clerk. And uh hopefully it
will be adopted today. So, that's the resolution that we are considering uh today. And uh I know it's a bit lengthy. If you really want to uh for context, you can go to the township website. Mr. Burke is looking at me with that attorney. Uh look, do you have something?
Uh yes, Council President, if we could uh just before anyone has any discussion on this, uh it's our strong recommendation that now that you've read the resolution that the council just vote on this one way or the other and not have any further discussion or respond to any public comments. Um the Supreme Court decision Keen Federation
of Teachers versus Morell in 2018 said you don't need to give a Rice notice just to put something on an agenda, which is what we've done so far. But any discussion could leave the council open to uh a claim to invalidate this resolution because Mr. Smeldo was not Bryce noticed. Um any other discussions
of Mr. Maldo or his performance or his job or any actions against him moving forward or consequences of this could open up uh the council to you know claims against by him for retaliation or something like that. So we don't want to have any issues like that. So as a result it's our recommendation that the
council just uh vote on this one way or the other and open public comment but not respond. Okay. So uh because this is a hybrid uh council meeting that people can come in uh from Zoom to watch the meeting but
cannot uh take part in public comment. We have one person in the audience and I asked him before the meeting started whether he wanted to speak in public comment. He did not. So uh we don't have to go through the process of describing what our our rules are. But I do want to uh
reiterate what you just said Mr. Burke. This is not a meeting to discuss a personnel issue. This is a meeting to discuss council's advice and consent authority and we will not discuss anything related to a personnel matter such as performance and qualifications because of the potential legal
ramifications. So we uh since we do not have anyone in the council chambers who wants to speak from public comment, we will skip public comment and save a bit of time. And now we move to the agenda item in the uh new
business section of of our special council meeting today. And uh we have just read the resolution and I will now entertain a motion uh to consider. Um can I I just want some clarification.
So are you voting on this resolution today or are you voting to add it to a future agenda? The latter. The latter. Yes. Thank you. Yes. Also because uh of the town attorney's uh legal opinion that this is the way we have to do everything. That's what we
do. So So do I hear a motion? I'll make a motion. I second. Is is there any further discussion? No. I I think you did a great job of
clarifying why um we're here today and I don't don't think uh we need to elaborate on it. It's unfortunate, but um this is where we're at. So I I just wanted to make that statement. I think we should vote. Okay.
No other discussion, Madame Clerk. Okay. So this is to add it to a future agenda. Councilwoman Castelino. Yes. Councilwoman Ruden, yes. Councilwoman Scarpa, yes. Council President Koviaak,
yes. The motion carries. Thank you, Madam Clerk. Uh, Councilwoman Castelino, yes. I have one other item. I know we don't have it on the agenda, but I do not want to wait until the next meeting. I think we need to uh wrap this up uh
sooner than later. So, I make a motion to have an um uh what do we call emergency meeting or special meeting? Uh whatever my colleagues recommend as a date to uh move this item forward. Uh my
hope is that we could resolve all our other issues if we resolve uh this issue. So, I'd like to make a motion uh for a date. Um I won't put a date up. I'll let you folks do that. Okay. I second the motion.
Okay. Before we move any further, I just want to clarify that uh such a motion, a for motion requires uh four votes in order to be added to the agenda. So, uh
so we have a a motion, we have a second. In order for us to further discuss this, it has to receive four votes to be added to our agenda. Did I say that correctly, Mr. I would clarify my my uh motion saying I'd like a special meeting to add
this uh to that special meeting's agenda. So, and that's a special meeting to consider this resolution. Yes. Okay. Because with the special meeting rules, we don't want to go beyond the scope of what we're supposed to talk about today, but I think that's related to this resolution. So, that sounds reasonable directly related. So, what I think we
need to do from here, we need to have a vote. If it gets four votes, we will add it to the agenda for further discussion and then an additional vote once we decide on that for a date. Yes. Okay. All right. So, this is what I have. This is what I have. Motion to add special
meeting date to agenda to consider this resolution. Is that correct? Yeah. Day to follow after we vote. Well, yeah. And it would be a separate agenda because it's I mean, you're right. It needs to be added to this agenda because we're about to take action if we get four votes. You're right. Madam clerk.
Okay. Okay. So, um, is there a motion for this? I made the motion. Okay. Second. Second. A second. Okay. Any discussion? No. Councilwoman Castelino?
Yes. Councilwoman Ruden? Yes. Councilwoman Scarpa? Yes. Council President Kakoviaak? Yes. The motion carries. Great. So, now that we've added it to the agenda, uh I think there might have
been some discussion about having another special meeting sometime this Friday if possible. Is is everyone Is everyone uh on board with at least the date as opposed to I am. Yes, I am too. I can make myself
available anytime. I I could as long as it's like around 2 o'clock. I'm not available in the morning earlier in the day. Well, I need time to 48 hour notice it. So, that would be that would Would it be possible? I I have a doctor's appointment. Would it be
possible to have it at 3:30? Yeah, I'm good. But I It would be Zoom for me on Friday. I'm not here today, but I Oh, okay. All right. All right. So, it sounds like Friday at
3:30. Mhm. Okay. Yeah. Do I hear a motion? I make a motion to have a special meeting Friday at 3:30. I'll second it. Any discussion?
Nope. Okay. Councilwoman Castelino, yes. Councilwoman Ruden, yes. Councilwoman Scarpa, yes. Council President Koviaak, yes. The motion carries. And hopefully the in
the interim the town attorney can turn around this into a legal format uh a legal form so that we can consider it uh Friday afternoon. I trust this shouldn't be too difficult of a process. Matt uh Councilwoman Castle.
So my other question is say there's something a matter to resolve this that could be put on that same agenda. Are we have the ability to add to this agenda for Friday? As long as we do it now and not try to do it during the special meeting. As
long as it's part of that make a motion have another I don't know you you could craft the language. If there is another resolution that needs to be on this agenda, I would like my colleagues to consider it to be placed on this. What?
With regard to what? I don't know. I'm leaving narrow down. I'm leaving it to Mr. Burke. I think he's reading the tea leaves. Um I I think the move for that then would be to to make sure that that's part of the 48
hour notice. And I guess we can just not address it if there's no resolution yet. So I would I would figure out a way to describe what resolution you're you'd like to include and include it on the notice for that so that we can discuss it in that special meeting. And then if
um it doesn't come to fruition, then then you can just not address it during the special meeting. Okay? Like you can you can narrow the scope of the special meeting as long as it's noticed, but you can't expand it after the fact. If we don't include it in the notice, you can't add it on. But if we make the notice broader, you can always
make it narrower. Great. Are you good with that? Yeah, but we probably need to identify what that second resolution might might be. Yeah. I'm reading the tea leaves, but I'm not
sure you and I are thinking of the same thing. So, uh, whatever you think is appropriate to throw out there, we can then discuss at that point. I just want to end the nightmare. That's all I'm talking about. Resolution to end
the night. All I'm looking to do here. I second. I third. a resolution to resolve the litigation. Yeah, I think I think if if that's um that should hopefully be brought as long as that's in the special meeting notice
that and like like I said, if that doesn't end up being something we can discuss on Friday because it's not ready, then you can just not address it. But as long as it's included in the special meeting notice, um you should be able to do it. Okay, great. Just a second. So there are there are
multiple pieces of the likely settlement of the litigation. So I'm not sure if we have to put that in there because there's likely to be a few uh professional services or
appointment contracts, employment contracts. So I don't know whether just to have a catch-all phrase to settle litigation uh that that certainly is accurate. It just may be multiple pieces of okay of uh of uh legislation. And I I just
have to say because this litigation has gone on for two years and because the the potential settlement might be uh might be rather complicated to explain and because it might we're not allowed to anyway. Yeah. And it and it might it it might be
that we want the public to have consideration as opposed to the last minute consideration we had for tonight that that uh maybe we don't add that to the to the uh Friday session
because it just won't be enough time for anybody to get on board. And I and I agree with you. I'd like to end this uh but I I'm not even sure that we've gotten to the point where Friday is a likely uh timeline uh at this point.
Well, that's unfortunate because um it's been an ongoing I don't think the public's where I respect the public's weighin um because they're not privy to anything is is really going to make a a difference from what I feel is the public wants this done. And um I think
we need to move forward with it. Um but yeah, let's see. I'm hopeful. Uh well, Mr. work if if as I described it that it might be a multiple piece of of uh multiple pieces of legislation in
order to settle the agreement. If we just say settle the agree uh I'm sorry agreement to settle the litigation on Friday that would I would think cover whatever uh is involved the various pieces to actually settle the litigation
but it's probably going to be multiple documents. Yeah, as you know, we're not involved so and I don't not familiar with it, so it's hard for me to opine on it. Uh, but I would say maybe settle the litigation and implement any necessary agreements to do so or something like
that to leave it open. Booyah. There we go. Not to, like I said, this this isn't rocket science, so we need to get this done. Council Council Scarpa, thank you.
Yeah. Um, I completely agree with Councilwoman Castelino. This has to get done ASAP. I am looking forward to us working more collaboratively with the best interest of our residents in the forefront of our minds and hearts. And
um perhaps uh we just might want to get a little further. We put write it up as as we've indicated, but maybe just run it by our legal counsel just to confirm that we have the right language on here. Oh, they have to write the resolution, too. So, yeah.
Okay. So, we could, you know, whatever we put together today, I think we need to run by our council ASAP like in the next hour or so if possible. Well, it has to be done by 3:30. So,
well, then why don't we move because of the 48 hour notice? Then why don't we move the meet I know you wanted to do the meeting on Friday, but maybe Monday is a better date. No, let's do it on Friday. I'd like to do it on Friday. I don't want to hold it up next Wednesday, but Monday works better
for me. But yeah, I'm gonna be away. I have petitions as I explained to you. Yes. Yes. Okay. So, what we have on the floor, I believe, is a motion for 3:30
on this Friday. And Mr. Burke came up with some language that would potentially fit what is expected of the actual multi-piece legislation. And uh Madame Clerk, if you got that.
Well, yeah. The motion to have the meeting at 3:30 on Friday was already passed, but the this is for the resolution. This is what I have written down. Resolution to resolve the litigation between the mayor and township council and implement any necessary agreements to do so.
That's okay. So, so that's what's on the floor now. I think uh Councilwoman Castle, you you made that motion, right? Was it I made that motion. I just wanted to throw it out to my colleagues to change the date to Monday to give, you know,
everyone more time. We need to be realistic because let's think about the ultimate goal as opposed to, you know, uh uh, you know, rushing it through. Rushing it through. So, um, and if I could just add, um, I do have petitions
coming in and they're due tomorrow at 4. Uh, oftentimes we don't get them till the last minute. Um, we did have some already, but we need time to go through them carefully. So, I would, um, appreciate it if it
could be changed to Monday. This Yeah, this should be a quick meeting. I think we're all flexible with the time and I'd rather be able to get that notice done. Uh, council president, if I may interject and I pardon the interruption, there is a uh, West Essex Highlands
meeting scheduled for Monday. That does not happen to 6:30. Yeah, this so if a meeting can be scheduled in here obviously prior to that that won't overlap. Uh, the calendar is open. Okay. So, is there any further discussion? because we do have a we do
have a motion on the floor and I think it's been seconded. Uh it was not second. It was not. Okay. I I would like to um just weigh in on that conversation. I think that Friday Friday is we have already set a meeting for Friday. We've already motioned on
on Friday. Second all of that. And I it's going to take five minutes or 10 minutes. I'd like to stick with Friday. We have to speak. Excuse me for interrupting Council Ruden. we have to speak one at a time so that we can pick it up on the on the uh the recording and so that everybody can follow. So So
please if you'll just uh raise your digital hand uh and Mr. Fagan will will send us uh to you. Uh Councilwoman Ruden, you are on you have the floor, so please continue. I'd like to request that we stick with
the Friday meeting. We've been dealing with the settlement issue for at you know the entire t time that I've been on council and for a year prior to that. I think the administration has had enough time to review and this is just you know
something that may or may not be included and I think that it's in the best interest of the public to move this forward and just keep keep it on a Friday. Is that your way of saying that you second Councilwoman Castelina's
I'm sorry I second but I would also like to keep it on Friday. So I second them I second the motion to add this to the agenda. Okay. So now we have a motion on the floor and now Councilwoman Scarpa uh has her hand up. So please you can kick us off in the discussion.
I just want to say I completely agree enough has gone by. These documents have been looked at by everyone for long enough and we need to get this done. Okay, then we'll move forward. So, we have discussion and uh is there anybody else who would like to discuss?
Because I would like to say as I I share everybody's uh on the council's uh opinion and desire to move it forward to Friday. I just don't know that that's going to happen. So, it may very well be that we are not in a position to
actually have that uh come up and in which case we'll just uh cancel it. cancel, excuse me, cancel it. But we have a motion on the floor if there's any uh further discussion. Uh if not, we can move to a vote.
Any more discussion? Okay. Madam Clerk, Councilwoman Castelino, yes. Councilwoman Ruden, yes. Councilwoman Scarpa, yes. Council President Foroviaak, yes. The motion carries. Thank you, everyone. I think that's it.
Is there anything Council Castle? We need to set a date for the next budget uh workshop. Um I know there we're not done. There's a few more pages um of the budget that
hasn't been finalized yet. And um yeah, we need to make pick a date for that because there's more, you know, in case there's some other cuts. So hopefully there's not, but in case there's more cuts, uh we need to have that date. I'd like to at least have that date today.
So, as a a point of o order, because this is a special meeting and this was not on the agenda and it I guess you could or argue that uh there might be some implications on the budget uh from the resolution moving forward that we
discussed, the first resolution. Um I guess you could make that argument, but uh I'm not sure it's appropriate and I'd have to ask Mr. Burke if it's appropriate to set such a time uh during a special meeting.
I I think you're correct, Council President. I know it seems a little bit uh silly, but generally the special meeting is pretty strict and narrow about what you're noticing it for versus what you can discuss during it. Yeah. So So Madame Clerk, can you put a budget next budget hearing to be crafted at this Friday meeting? Please put that on
the agenda. Yep. Thank you. Good idea. Yeah. I'm going to wrap everything up. can all move forward like adults. Be great. No worries. Indeed. So, uh,
you have to vote on Yeah, I was going to say vote on what? A motion to add this to the agenda on Friday, I guess. Yeah, that's my motion. Is there a second? I'll second it. Okay.
Councilwoman Castle, yes. Councilwoman Ruden, yes. Councilwoman Scarpa, yes. Council President Kakovia, yes. The motion carries. Okay. So, that's the motion to add it to the agenda, not the motion to add it to our agenda today so that we can
Yes, we have discussions. Okay. On Friday. Uh, is there anything else? If not, I will entertain a motion to adjurnn. Great. I second. A second. All in favor? I I
Any opposed? The meeting is adjourned. Thank you, West Orange. Thank you.