Armano v. Martin

157 F. Supp. 3d 392, 2016 WL 184418
CourtDistrict Court, D. New Jersey
DecidedJanuary 21, 2016
DocketCivil No. 15-2634 (NLH/KMW)
StatusPublished
Cited by8 cases

This text of 157 F. Supp. 3d 392 (Armano v. Martin) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armano v. Martin, 157 F. Supp. 3d 392, 2016 WL 184418 (D.N.J. 2016).

Opinion

AMENDED OPINION

HILLMAN, District Judge

This matter concerns claims by a township’s former solicitor regarding his allegedly improper termination. Presently before the Court are the motions of defendants to dismiss and for summary judgment. Plaintiff has cross-moved for summary judgment on two of his claims.1 [396]*396For the reasons expressed below, defendants’ motions will granted, and plaintiffs motion will be denied.

BACKGROUND

Plaintiff,'John J. Armano, Jr., Esq., a New Jersey licensed attorney, was appointed by the Mayor of the Township of Washington, and- confirmed unanimously by the Township’s Council, as the Solicitor/Director of the Department of Law of Washington Township beginning on January 2, 2013. Plaintiffs contract ran until December 31, 2016. On January 3, 2015, however, the Township Council adopted Resolution No. 23-2015, which authorized the filing of charges against plaintiff seeking his removal, pursuant to N.J.S.A. 40:69A-36 &-37 and Section 2-398 of the Township Code. The Resolution arose out of plaintiffs law firm partner’s representation of an individual who sued Township . Council members in New Jersey Superior Court in March 2014. The charges filed against plaintiff asserted:

CHARGE: CONFLICT OF INTEREST — KNOWINGLY ENGAGING IN ACTION WHICH WAS CONTRARY TO THE INTERESTS OF CURRENT. CLIENTS, DULY ELECTED REPRESENTATIVES OF CLIENTS, AND INDIVIDUALS WHO ARE NOW REPRESENTATIVES OF CLIENTS.
Specifications:
(1) At all times relevant hereto, the firm of Trimble & Armano is and was a law firm consisting of John W. Trimble and John Armano. Said firm has been appointed as the Solicitor for the Township of Washington and remains so at all times relevant hereto.
(2) On March 28, 2014, a litigation was filed in the Superior Court of New Jersey, Law Division, Gloucester County, Docket Number GLO-L-472-14 captioned John Daly, an individual and on behalf of other Democrats seeking an Open Primary Election vs. Frank Cian-ci, Chairman of the Washington Township Democratic Executive Committee, Angela Donato, Sean Longfellow, Albert Frattali, the Washington Township . Democratic Executive Committee, Fred Madden, Chairman of the Gloucester County Democratic Executive Committee and James N. Hogan, .Gloucester County Clerk.
(3) At the time that the litigation was initiated, by virtue of their position on Township Council for the Township of Washington, both Michelle Martin and Scott Newmann, were part of the Washington Township Democratic Executive Committee.
(4) Angela Donato, Sean Longfellow and Albert Frattali were candidates that were duly nominated by the Washington Township Executive Committee to run -as the-endorsed candidates of said Committee for the three (3) open council seats for the 2014 primary election.
(5) The litigation sought to invalidate the endorsement by the Washington Township Executive ■ Committee, of which sitting Council members Martin and Newmann are members, of candidates Donato, Longfellow and Frattali. Said litigation also sought an Order requiring an open primary which would have been against the interests of not only the Democratic Committee, but also individually of Angela Donato, Sean Longfellow and Albert Frattali. The litigation also sought an Order requiring Fred Madden as Chan-man of the Gloucester County Democratic Committee to place all the Washington Township Democratic candidates for council evenly on the ballot which also would have been against the interests of the Angela Do-nato, Sean Longfellow and Albert Frat-[397]*397tali. The Complaint also sought an Order requiring the same of James Hogan, Gloucester County Clerk. There were other claims for relief with regard the Democratic Committee. Lastly, the Order sought the payment of legal fees and costs to the firm of Trimble & Armano from all named Defendants.
(6) When the firm of Trimble & Arma-no appeared in court before the Hon. Christine Allen-Jackson, J.S.C., seated as the representative of the Washington Township Democratic Committee was Councilwoman Michelle Martin which took place on April 2, 2014.
(7) On April 9, 2014, the firm of Trim-ble & Armano voluntarily dismissed said lawsuit.
(8) At the time of the primary election, Donato, Longfellow and Frattali won the primary and ran as the Democratic slate of candidates in the November election. At the time of that election, Donato and Longfellow won the general election and are now sworn sitting council persons for the Township of Washington as are Michelle Martin and Scott Newmann.
(9) The continuation of the firm of Trimble & Armano or either of the named partners in said firm in .serving as Solicitor for the Township of Washington creates a genuine conflict of interest. The firm Trimble & Armano recently represented parties which' sued Sean Longfellow and Angela Donato personally, sought relief against them and sought a payment of counsel fees and costs. The firm of Trimble & Arma-no also brought suit against the Washington Township Democratic Committee, on which Michelle Martin and Scott Newmann current council members of the Township of Washington, sit on the Committee by virtue of their position as elected public officials and Democrats. Michelle Martin was the actual party representative of the Washington Township Democratic Committee during legal proceedings before the Superior Court of New Jersey.
(10)The continued legal representation of the Township of Washington by the firm of Trimble & Armano as Solicitor/Director of the Department of Law, is in violation of New Jersey Rule Professional Conduct 1.7, 1.9, 1.10 and 1.11. The firm’s continued representation of the Township of Washington, also causes a fundamental break down in the attorney-client relationship between the individuals that he has sued personally and through the litigation against the Washington Township Democratic Committee since sitting current Council members were on said Committee.

(Docket No. 31-3.)

After having received notice of the charges,2 plaintiff refuted the charges in writing. In his response, plaintiff presented a report from a legal ethics expert who determined that Mr. Trimble’s representation in the Daly case did not create a conflict of interest in violation of the New Jersey Rules of Professional Conduct with regard to plaintiffs position as Washington Township’s Solicitor. A hearing on the charges was held on January 21, 2015. Plaintiff did not appear at-the hearing, but [398]*398prior to the hearing, Council members had been provided with plaintiffs response to the charges. The Council voted 4-1 to remove plaintiff as Township Solicitor, and adopted Resolution 57-2015 to effect his removal. The Resolution provided a recitation of the procedural history leading up to the hearing, the presentation of evidence to the Council by the special counsel appointed to prosecute the charges, the list of exhibits provided to the Council, the specific findings by the Council, and the ultimate conclusion by the Council to remove plaintiff as Township Solicitor. (Docket No. 31-6.) The Resolution concluded:

(1) Trimble & Armano’s representation of Mr.

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157 F. Supp. 3d 392, 2016 WL 184418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armano-v-martin-njd-2016.