Does Morristown’s municipal attorney have to disclose whether he made any campaign contributions in last year’s mayoral race?
Superior Court Assignment Judge B. Theodore Bozonelis is scheduled to hear testimony on that question this afternoon in Morristown.
A group of citizens has sued the town to force the disclosure, contending town Attorney Vijayant Pawar is violating an anti- “pay-to-play” ordinance enacted by voters in 2008. The law prohibits vendors from doing business with the town for four years if they have donated more than $300 to any municipal candidate or official.
Vij Pawar was appointed by Mayor Tim Dougherty, with the town council’s consent, on New Year’s Day to dual posts as municipal attorney and legal director at a salary of $95,000. He says he is a town employee, not a vendor, and therefore is exempt from the ordinance.
His compliance could set a precedent that would expose other town employees to unwarranted scrutiny, he has said. Attorneys for Morristown also have said the lawsuit is moot because it was not filed within 45 days of the appointment.
Lawyers defending the case also are questioning the residency of plaintiff Kemesh Patel, and suggesting that a Clifton resident, David Scholz, is behind the lawsuit, according to The Daily Record.
Vij Pawar did not respond to calls seeking comment last week. In May, he described the lawsuit as “frivolous” and a waste of tax dollars. Citing the ongoing litigation, the Mayor, who is a Democrat, declined to comment last week.
One of the plaintiffs is Republican Richard Babcock, vice chairman of Morristown’s GOP municipal committee and a former council candidate.
He has drafted an amendment to the ordinance that would pertain to the town attorney.
“I am a believer in open, honest government, and transparency. I don’t feel that’s the case in this instance,” Richard Babcock said. “This is a loophole” in the ordinance “that flies in the face of its intent. Anyone can be hired as an employee and be exempted.”
He is likely to face an uphill battle with his amendment, which would extend disclosure requirements to “all professional business entities or individuals, including department directors, appointed by the Mayor with the advice and consent of the Council…”
Alison Deeb, the council’s lone Republican, said she is not involved in the case.
The lawsuit questions Vij Pawar’s status as a full-time town employee, asserting that his own website states that he maintains a private legal practice.
Alan Zakin, an attorney and public relations consultant advising the plaintiffs, said in an interview that Vij Pawar has determined others’ eligibility to work for the town under the same pay-to-play rules for which he is claiming an exemption.
“The voters of the town of Morristown did not intend for the current administration to take upon itself to carve out convenient exceptions to the anti-corruption mandate they adopted,” said legal papers filed on behalf of Richard Babcock, Kemesh Patel, Ed France and Frances Kennedy by lawyer Thomas Benedetti of Florham Park.
The hearing is scheduled for 1:30 pm.
