School Board Criticized for Hiring 4 Attorneys
• Community Leaders Are Objecting to Hefty Expenditures
Jun 29, 2012 – Fearful of facing another $1 million legal battle resulting from construction issues of a decade ago, the Nutley Board of Education this week at first hired two attorneys, one to handle the lingering and potentially costly financial challenges left over from the Tri-Tech construction debacle, and another to advise the board on current and future matters.
But a huge controversy developed Monday night when the board hired two additional attorneys including Frank Pomaco, a partner in the same firm that handled the costly Tri-Tech matter that resulted in the loss of a costly million-dollar law suit.
Pomaco's new role, the board said this week, will be limited to handling "left-over issues" regarding the Tri-Tech matter.
Board of Education President James Kuchta emphasized that a majority of the Nutley school trustees had reviewed the Tri-Tech matter and agreed that Pomaco himself was not directly involved in the suit although other attorneys in that same law firm were.
Therefore Pomaco's contract with the board was being renewed, Kuchta explained, to maintain a direct information link to guard against possible additional legal challenges threatened by the Tri-Tech firm against the Nutley Board of Education.
Kuchta said that a new law firm was being hired Monday night, Schenck, Price, Smith & King, which will be concerned only with "future issues -- handling legal matters from this point forward." The firm of Gaccione Pomaco P.C. will be concerned "only with past matters."
Kuchta said both firms will be paid at hourly rates of $165.
The board's decision was opposed by two trustees, Victoria Flynn, who is an attorney, and Lisa Danchak-Martin. Voting in favor of the dual-attorney appointments were Kuchta, Charles Kucinski, Deborah Russo, Tom Sposato and Fred Scalera. Trustee Dr. Robert Reid was absent from the session.
Opposition Voiced When Session Was Opened to the Public
"Help me understand what you have done," asked Vince LoCurcio, president of the Nutley ShopRite who was the first to address the board's open "public session."
"Why do we now have two attorneys?" LoCurcio began.
Board President Kuchta responded: "We have a plan that I'd rather not comment on."
But LoCurcio pressed forward with a long list of questions, eventually uncovering the fact that the board would be hiring not one, but four attorneys.
"Why then do we need four attorneys?" LoCurcio asked.
Kuchta at first declined to answer the question, fearful, it seemed, out of caution that his comments could complicate financial issues still under discussion.
"We have a plan that I'd rather not comment on," Kuchta eventually said..
But as LoCurcio pressed on with his questions and others followed him to the microphone with additional inquiries. Kuchta, who was being careful not to disclose confidential information, eventually explained that one attorney would be assigned to handle past issues with the Tri-Tech construction matter, a second attorney would deal with current matters, a third would be concerned with the financial bonds, and the fourth, Connell Foley, a construction attorney, will be paid at an hourly $200 rate.
Other hires this week included McManimon & Scotland as bond counsel and the Spiezel Group, architects, both at hourly rates of $195.
Also addressing the board was Alan Thomas, an attorney who has attended all Board of Education meetings for more than two years and who is a candidate for a board seat at the upcoming November election.
