PARSIPPANY — On Tuesday, October 6, Mayor James Barberio presented the Township Council with an attorney to represent the Governing Body in a lawsuit they filed against Barberio per a Superior Court Judge’s order.
Michael Lavery, a partner with the firm, LAVERY, SELVAGGI, ABROMITIS & COHEN was chosen by Barberio, and even though some Council members indicated that the mayor’s selection was acceptable, the Council will still need to vote on whether or not to accept the mayor’s selection.
Lavery has worked for the Township as a ‘conflict attorney’ for several years but along with several other attorney appointees, he was not re-confirmed by the Council this past January.
Lavery, along with Township Labor Attorney Stephen E. Trimboli were not re-confirmed, but Township Attorney John Inglesino, a holdover himself, was able to unilaterally appoint Trimboli as ‘Special Counsel’ for the Township after Trimboli failed to garner enough votes for re-appointment.
During an August 2015 Council meeting Inglesino indicated that Lavery was not retained by his firm but some confusion ensued when Township Business Administrator Ellen Sandman stated that Lavery continued to represent the Township and recommended that Inglesino include Lavery as part of Inglesino’s list of ‘special counsel.’ (see video clip below)
At this past Tuesday’s Council meeting Inglesino again vehemently denied that Lavery had done any legal work for the Township until former Councilman Jonathan Nelson produced invoices from 2015 from Lavery which showed that Lavery billed the Township for various legal work he had performed, including corresponding with Inglesino himself.
Sandman confirmed Nelson’s assertion that Lavery is still working for the Township.
It remains unclear under whose authority Lavery now works. A Township Attorney may remain in his position as a holdover and he may also appoint attorneys as special counsel, even if not confirmed by township council resolution. But Inglesino has stated in at least two public meetings that Lavery was not working under his auspices.
Considering that Lavery continues to represent the Township raises additional issues over whether or not Lavery can even represent the Council in the lawsuit they filed against the mayor. Parsippany Focus emailed Lavery and asked whether or not he believes he would be in conflict and whether or not he would even accept to represent the Township Council.
Lavery did not respond for comment.
Mayor Barberio has retained Morristown attorney Vijayant Pawar to represent himself in the lawsuit. Pawar, no stranger to litigation in Parsippany, currently represents the Township in a least two current lawsuits against the Municipality. He also currently represents Barberio in a whistleblower lawsuit filed against the Township and himself by former Parsippany Police Captain James Carifi.
Parsippany Focus emailed Pawar and asked whether or not he believes he is in conflict from representing Barberio while simultaneously representing the Township in other lawsuits.
Pawar did not respond for comment.
