Council to vote on overriding Gusciora’s counsel veto
TRENTON >> Lame-duck George Muschal could make or break the mayor.
The South Ward councilman is winding down his final term in office but is the likely swing vote as council attempts to override Mayor Reed Gusciora’s veto of a special-counsel bill passed last month.
Legislators require a supermajority, or five yes votes, to override the veto.
The special-counsel ordinance passed by a slim margin 4-3, with Muschal, Jerell Blakeley and Harrison voting no.
Gusciora said in a letter that the ordinance, creating separate attorneys for the administration and council, is “unconstitutional” and violates the Faulkner Act, a state law that municipal governments must follow.
The mayor pointed to other cases, including one he cited last year when he fired previous council attorney Edward Kologi, saying the ordinance creates “more disharmony and conflict.”
“There is already a mechanism in place to ‘assign’ Council a separate attorney in the event there is indeed any legal conflict between mayor and council,” Gusciora wrote. “It begs the question why Council would want to create permanent conflict through the creation of a separate legal department for Council.”
The governing body disregarded the law department’s advice when it approved the ordinance. The yes vote came after council president Kathy McBride extended the administration an “olive branch.”
Interim law director Wes Bridges warned council that the measure was likely to get struck down in court if challenged.
Superior Court Judge Mary Jacobson ruled on the matter in ongoing litigation between Gusciora and McBride, according to the veto letter.
Gusciora cited a court transcript from last May in which Jacobson said, “The Council has limited authority under the Faulkner Act, and cannot, on their own, appoint counsel to represent them.”
Blakeley and Harrison are steadfastly opposed to the special-counsel ordinance and unlikely to change their votes.
That means it all comes down to Muschal, who has had an hot-and-cold relationship with Gusciora.
Muschal didn’t respond to a text message seeking comment on how he’d vote Thursday.
Also on the docket: Council will consider $3.2 million in bonds for improvements to the Trenton school district’s buildings.
The bond ordinance was yanked from last meeting’s docket because it needed to be readvertised after being substantially amended. The bond package includes $1.1 million for a new synthetic turf field at Trenton Central High School, which is expected to last at least 15 years.
Several people spoke in favor of splurging for the new turf field, including a former football player who described the current field as a “dustbowl.”
Legislators will also vote whether to approve Ron Zilinski as interim chief financial officer following the resignation of Janet Schoenhaar.
They’re scheduled to meet in executive session to discuss a $15,000 settlement with Raveena Giddens.
The ex-crossing guard brought a federal suit in late 2019 claiming she was fired for voicing concerns about the Trenton Police department’s refusal to assign a permanent crossing guard to a dangerous intersection.