124-24 Resolution re Budget for Litigation.pdf

124-24 April 9, 2024 RESOLUTION WHEREAS, on March 19, 2024, the Honorable Annette Scoca, Judge of the Superior Court, issued a thirty-three (33) page ruling wherein the Court preliminarily enjoined the Township Council from taking any action with regard to the legal services being performed by Richard D. Trenk, Esq., Township Attorney, and his law firm; and WHEREAS, on March 26, 2024, the Township Council declined to adopt a Resolution to end the litigation and make the preliminary injunction a permanent injunction; and WHEREAS, the Township Council has expended approximately $65,000 in this litigation over the last eight (8) months and the Mayor’s attorney approximately $10,000 over the same eight (8) months; and WHEREAS, there is no end in sight to the present litigation and the expenditure of monies seeking to overturn the Court’s temporary restraints and preliminary injunction; and WHEREAS, it is in the best interests of the Township to have transparency as to the expenditure of funds; and WHEREAS, the Mayor has requested that all professionals involved in this litigation shall provide a budget and not to exceed cap with regard to the conclusion of this litigation; NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the law firms of Genova Burns and Jardim Meisner Salmon Sprague & Susser shall provide a specific detailed budget as to the cost to be incurred in concluding this litigation including any appeals, depositions, document production, OPRA requests, and anything else which these two (2) firms intend to incur or may potentially incur concerning the litigation which budget shall be made available to the public and produced to the Clerk of the Township of West Orange and the Chief Financial Officers no later than April 21, 2024; and it is further

4824-1455-4598, v. 1 RESOLVED, that both law firms shall provide an accounting of how much in fees and expenses have been incurred to date and submit all open invoices through March 31, 2024 no later than April 21, 2024; and it is further RESOLVED, the Municipal Clerk shall provide a copy of this Resolution via e-mail to the Angelo J. Genova, Esq. and Scott D. Salmon, Esq. as soon as possible. Karen J. Carnevale, R.M.C. Bill Rutherford, Municipal Clerk Council President Adopted: April 9, 2024 I hereby certify funds are available from: Account No. John O. Gross, Chief Financial Officer