Township Council Meeting — Agenda

184-22 July 19, 2022 RESOLUTION WHEREAS, Kevin Malanga filed certain litigation against the Township of West Orange captioned Kevin Malanga v. Township of West Orange and Karen J. Carnevale, as Municipal Clerk asserting violations of the Open Public Records Act (“OPRA”) (the “Litigation”); and WHEREAS, the Litigation involved approximately thirty (30) emails by and between the Township’s attorneys and certain consultants who were hired with regard to the potential redevelopment of the existing library site; and WHEREAS, the Superior Court of New Jersey, Law Division granted summary judgment in favor of the Township and dismissed Mr. Malanga’s litigation with prejudice; and WHEREAS, Mr. Malanga appealed the Trial Court determination to the Superior Court of New Jersey, Appellate Division, Docket No. A-2287-19; and WHEREAS, on May 3, 2022, the Appellate Division issued a thirty (30) page Opinion which reversed the Trial Court’s Order granting the Township summary judgment and remanded for further proceeding; and WHEREAS, the time and expense of further litigation does not warrant the continued dispute process; and WHEREAS, the Township attorney has negotiated with Mr. Malanga’s counsel a global settlement of the Litigation for a payment of $15,000 which constitutes legal fees which Mr. Malanga’s counsel can seek under OPRA; and WHEREAS, the Township Law Department recommends approval of the settlement without any admission of wrongdoing or otherwise;