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Mayor Reed Gusciora sues Trenton city council over special counsel veto >>
TRENTON >> No representation, no progress.
Infighting between Mayor Reed Gusciora and legislators is grinding good city governance to a halt, as the two sides are primed for yet another court battle.
Edward Florio, Gusciora’s attorney, filed another lawsuit asking a judge to overturn a special-counsel ordinance that provides the governing body with a separate attorney from the administration.
The mayor and council have already ended up in court several times, including over the 2019 budget, a prior ordinance and Morelli’s firing.
The drama started after the city law department advised council it was responsible for providing legal advice to both mayor and council under the Faulkner Act, the state law dictating Trenton’s mayor-council municipal form of government.
Legislators were unmoved despite repeated warnings that the ordinance ran afoul
of state law and Superior Court Judge Mary Jacobson’s prior ruling in a separate legal fight between Gusciora and McBride.
Not heeding the advice, council overrode Gusciora’s veto during the Feb. 18 meeting 5-2, with lame-duck South Ward councilman George Muschal casting the deciding vote.
Muschal’s flip-flop was stunning as he voted against the ordinance before.
He hasn’t explained why he changed his vote, but he didn’t get along with deposed law director John Morelli, siding with colleagues who fired Morelli for cause during the Oct. 1 meeting.
Council’s decision to send Morelli packing came after Gusciora fired appointed attorney Edward Kologi amid a fight in September over a secret meeting legislators held in executive session with a redeveloper who wanted to buy the historic Roebling Wire Works building.
That Morelli suit is ongoing, with Jacobson issuing an order Monday denying a request from Melanie Walter, the former director of the state Division of Local Government Services, that would have dismissed her as a party in the litigation.
Morelli remained employed as law director for months before taking a leave of absence.
Wes Bridges was brought in to mend the broken relationship between Gusciora and the governing body, but he’s had a tough go with some legislators sweeping aside his legal advice on the special-counsel act and others matters.
Florio followed through bringing suit Feb. 25, asking Jacobson for an injunction that invalidates the special-counsel act. No hearing date has been set.
He argued council members are exceeding their legislative powers — the council can appoint a clerk but not an attorney — and effectively getting around one of the judge’s prior rulings.
That decision struck down an ordinance that gave McBride unchecked power to remove items from the agenda and docket without restoring them for consideration at the next meeting.
Similarly, the specialcounsel ordinance would give council’s attorney power to review ordinances, resolutions and contracts before they’re put on the docket and agenda.
Florio said that imposes a “‘gatekeeper’ that infringes on the Mayor’s power to ‘recommend to the council whatever action or programs he deems necessary for the improvement of the municipality and the welfare of its residents.’”
Gusciora and McBride didn’t respond to messages seeking comment.