Vernon changes attorneys

By Nathan Mayberg
VERNON — Vernon Mayor Victor Marotta used New Year's Day to usher in a new attorney for the township, replacing Kevin Kelly with former township attorney John Ursin.

Marotta declined to comment on why Kelly was replaced. He called Ursin a "qualified and experienced municipal attorney."

Marotta said he expects Ursin's services to cost less than Kelly. He said Ursin will not charge hourly for research as Kelly did.

Ursin's retainer will be $75,000, which is $15,000 more than Kelly's was. Marotta said he expects the decrease in hourly charges to make up the difference. Marotta said the township was paying Kelly an average of more than $100,000 each year between his retainer and fees. The township also has been in extensive amounts of litigation during Marotta's tenure, settling personnel disputes and a legal flareup over Marotta's proposed raise for himself and other township employees.

Kelly represented the township in its successful litigation to block a public referendum on the proposed purchase of Camp Sussex. In that lawsuit, Kelly entered into evidence a letter written by Marotta indicating that he had already negotiated a price for purchasing Camp Sussex, before the town council had authorized he do so.

Marotta's appointment of Ursin on Jan. 1 sparked opposition from councilwoman Jean Murphy and councilman Dan Kadish, who said they weren't consulted on the appointment.

Murphy asked for Kelly to remain as town attorney, which was supported by Kadish, but township council members Brian Lynch, Patrick Rizzuto and Dick Wetzel voted against keeping Kelly.

"How did this happen?" Murphy asked. "This is a council appointment," she said.

Council President Patrick Ruzzuto said the matter could be discussed after the meeting.

"Whether or not it was made by the mayor or approved by the council, the outcome would not have changed," Rizzuto said.

Murphy insisted that the appointment of the attorney was required to be appointed by the council as per town code.

Murphy said Marotta's appointment is "actually starting to teeter on an abuse of mayoral power."

"These things happen and the entire council is not involved in it," she said. "And it's not for the lack of not being available."

Kadish said it would be a conflict of interest for Ursin to be the attorney for both the town and the Vernon Municpal Utilities Authority.

Kadish said he thought Ursin was a good attorney and ended up voting for him.

Marotta said the two council members "never talk to me." He said it was up to them to get in contact with him to keep up to date on political matters.

"It's not my responsibility to reach out to them," he said.

Personnel matters such as switching attorneys should be discussed in executive session, Marotta said. "They want to have their discussions in public."

After he was called up to the dais, newly elected Rizutto, who was elected council president earlier in the meeting, asked Ursin to weigh in on the legality of the appointment.

"It's not set up by statute or by ordinance," Ursin said. "Generally it's a mayoral nomination in other places and a council approval. Your ordinance here just says council approval. What just occured here was an appropriate debate, a council approval, and although it affects me, an appropriate approval."

Reporter Nathan Mayberg can be reached at comm.reporter@strausnews.com or by calling 845-469-9000 ext. 359