Conference/Public Meeting Agendas/Documents — Packet

130 -12 June 26, 2012 RESOLUTION WHEREAS, in Resolution #212-10, adopted by the Township Council of the Township of West Orange on August 17, 2010, the Council found it necessary and appropriate to authorize the Mayor to enter into a contract for legal services with William W. Northgrave, Esq., of the law firm of McManimon & Scotland, as special counsel with regard to the 2010 Master Plan Re-examination Report and anticipated litigation related to that Report; and WHEREAS, Mr. Northgrave and his law firm, having substantial experience in such matters, agreed to undertake such representation at an hourly rate of $175 up to a maximum of $7,500 in fees and expenses, subject to extension pursuant to the Township’s Billing Guidelines for legal services; and WHEREAS, Mr. Northgrave did in fact undertake such representation and has provided legal services to the Township of West Orange with respect to the 2010 Master Plan Re-examination and a lawsuit arising therefrom captioned “West Essex Highlands, Inc., v. Township of West Orange and West Orange Township Council”, pending in the Superior Court of New Jersey, Law Division, Essex County, bearing Docket No. ESX- L-6292-10, and; WHEREAS, the legal fees and expenses incurred in defense of this matter have already well-exceeded the maximum initially set forth, discovery is still in progress with dispositive or partially dispositive motions and trial of any unresolved issues to follow, and a substantial increase in the maximum for legal fees and costs being required to provide the adequate and effective assistance of counsel for defense of this litigation on behalf of the Township; and WHEREAS, the uncertainty and unpredictability of litigation generally makes accurate budgeting of litigation expenses difficult at best, often impossible and misleading, and public disclosure of a litigation budget, or cap, offers no advantage to the Township and may send a message to the Township’s adversaries which is disadvantageous; and WHEREAS, the Township Council’s functions under the Faulkner Act include making overall budget appropriations for each year for litigation expenses, including legal fees, costs and settlements,

WHEREAS, the Township Council’s functions under the Faulkner Act include making overall budget appropriations for each year for litigation expenses, including legal fees, costs and settlements, but not for individual litigated matters; and WHEREAS, the number and nature of lawsuits filed by and against the Township in any year can vary greatly, as can the strategies to be employed in their prosecution and defense and the expenditures needed to adequately, competently and effectively provide legal services for prosecuting or defending them; and WHEREAS, the prosecution and defense of litigated cases is an administrative-executive function under the authority of the Mayor in a Mayor-Council form of government under the Faulkner Act, the Mayor, with the assistance of the Township Attorney and Chief Financial Officer, having the ultimate responsibility for managing the litigation and costs thereof for individual cases within the total appropriation for litigation presented by the Mayor at the beginning of the budget process, considered by the Council during the budget process and finally determined by the Council and incorporated in the final adopted budget for the year; and WHEREAS, for any matter of litigation, strategic decisions, any and all of which necessarily affect the overall cost of litigation, are necessarily made by the attorney handling the case under the supervision of the Township Attorney and taking into account any broad policies established by the Mayor; and WHEREAS, invoices for legal fees and costs submitted by the attorney or law firm handling any particular litigation are initially submitted to the Township Attorney, or in some instances the Assistant Township Attorney when delegated by the Township Attorney, for review and approval for payment, and