Highlands Mayor Sues Council Members Over Attorney Dispute

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By Joseph Sapia
HIGHLANDS – Mayor Frank L. Nolan is suing three members of the Borough Council in a fight over who will be borough attorney in 2016.
On Tuesday, Feb. 9, Nolan filed the suit in state Superior Court in Freehold against Council President Carolyn Broullon, Councilman Doug Card and Councilwoman Claudette D’Arrigo. Also named as a defendant is Borough Attorney Howard A. Bachman, who had the support of the three council members.
The suit basically accuses the three council members of overstepping their bounds at the Feb. 3 borough meeting by nominating and appointing the law firm of Bachman and Newman, with offices in Freehold and Old Bridge, as the borough legal counsel. The vote was 3 to 2, with Nolan and Councilwoman Rebecca Kane-Wells voting no.
The fight actually began Jan. 1 when the borough reorganized for the year.
On New Year’s Day, Nolan nominated Bruce Padula, who had served as borough attorney since 2012, to serve another year. But the vote aligned the same 3-to-2 way, this time against Padula.
Padula continued to serve as holdover attorney.
Nolan’s position is that under Highland’s form of government, he appoints the borough attorney with the “advice and consent” of Council. Without that Council consent, the borough attorney serves as a holdover.
“I believe the law was broken,” the mayor said.
But, on Feb. 3, Broullon, Card and D’Arrigo invoked a borough ordinance that says if, after 30 days, the council fails to confirm a mayoral nomination, the council can make the appointment.
Nolan disagreed, saying state law governing Highlands’ form of government overrules the ordinance – or the position Padula passed along to Nolan.
Now, the matter goes to court.
When told of the court papers being filed, Card said he would have to consult with Bachman.
“Clearly, I want what’s legal and right,” Kane-Wells said.

Earlier, Card said, “My position is Howard and his firm are the best fit for Highlands.”
Card declined to get into best-fit specifics, but said “the résumé speaks” for itself. Bachman’s résumé shows him having been a member of the Manalapan Township Committee, including doing stints as mayor. He also has served as Marlboro’s prosecutor.
But Kane-Wells said Bachman has no experience as a municipal attorney.
Changing professionals, such as an attorney, is not unusual when power changes on a governing body. When Broullon and D’Arrigo joined the council Jan. 1, they formed a new majority with Card.
So, this was not an unusual move, Card said.
“It’s a political decision,” said Bachman, commenting before the lawsuit was announced. “I am fortunate to be nominated and look forward to working with the borough.”
Highlands has a non-partisan governing body, with candidates not running as Democrats or Republicans.
But Kane-Wells said while one would expect changes with a new majority, she feels the change could have been communicated better.
At the Feb. 3 meeting, disagreement broke out over the vote. In the end, Bachman took the borough attorney’s seat at the dais, while Padula remained in attendance, but sat in the audience.
Borough Administrator Tim Hill said only one borough attorney is on the payroll: Bachman. Bachman’s salary is to be determined. “There’s discussion taking place now,” Hill said.
In submitting a proposal for the job in December, Bachman requested a salary of $65,000 plus $150 per hour for specific legal work. Nolan said that essentially was the same salary Padula had received.
Card said there was “no animosity” between his side and Padula’s firm – Cleary, Giacobbe, Alfieri and Jacobs, with offices in Matawan and Oakland. Card said it was “a good firm.”
“It’s about change,” Card said. “We left on good terms.”
In an email, Padula said: “It has been a joy and privilege to represent the Borough of Highlands as borough attorney since 2012. I wish for nothing but success for the borough as it continues its recovery from Superstorm Sandy. The employees and professionals of the borough are hard-working and dedicated individuals who pour their heart and soul into their jobs and I thoroughly enjoyed interacting with them on a daily basis.”
Padula remains Highlands’ labor attorney, giving the town advice on labor-related issues, said Hill, the borough administrator.