Town Attorney Hiring Process Questioned

The process used to appoint a new town attorney was debated during last week's Town Council meeting.

Resident Jim Baker, a frequent critic of Mayor Andy Skibitsky and the Council’s Republican majority, questioned the Council over the process used to appoint Finestein to the post. Baker has been a constant questioner of the Council during meetings over the last several years.

Baker questioned Skibitsky on Finestein’s appointment, asking if the mayor sought competitive bids before appointing Finestein, the longtime Planning Board attorney, to the post. The Council unanimously confirmed Finestein’s appointment.

“It was my perogative to appoint who I wanted to appoint,” Skibitsky said of the attorney’s job.

Skibitsky said he did not want to be bound by the rules calling for naming the lowest qualified bidder to the post. He said there are several areas he does not believe in taking the lowest bidder including home construction, medical care and legal services.

Baker also questioned Finestein’s compensation package, which calls for the attorney to be paid a $36,000 annual retainer for “ordinary duties” and an additional $150 an hour. Cochran, a partner in a Mountainside law firm and former town GOP chairman and state Republican committeeman, made $65,000 annually in the part time post. Cochran, who received pension payments for the post, was classified as a town employee, while Finestein, who will not receive pension payments for serving as town attorney, is classified as an independent contractor.

Baker, who is active in town Democratic circles, continued to question Skibitsky on the issue. The subject of attorney hiring has long been an issue for town Democrats including Haas and former Democratic Councilman Tom Bigosinski.

“We are not going out to bid on attorneys,” Baker said. “It’s a no bid contract.”

Skibitsky declined to answer Baker’s questioning if he believed the appointment of Finestein was a “no-bid contract.” After several questions, the mayor said that Baker can call the appointment what he would like. 

“Whatver you want to call it,” Skibitsky said.