The mayor of Perth Amboy is suing her own city council. Here's why.
Perth Amboy Mayor Wilda Diaz PERTH AMBOY -- A judge ended a legal fight Wednesday that had pitted the mayor against her own city council -- a matter that is also likely to put taxpayers on the hook for thousands of dollars in legal fees.
Mayor Wilda Diaz had filed a lawsuit last month in Middlesex County Superior Court alleging that the city council had violated state law by hiring an attorney outside city government ranks to investigate one of her appointments made two years ago.
In a written ruling Wednesday night, Middlesex County Superior Court Judge Travis Francis wrote that state law does not permit a city council to hire an outside attorney for investigative purposes.
"After a long two years of an uncooperative council who has blocked our public policy initiatives for political reasons, the court sided with the mayor's office, affirming that the council was in violation of (state law) by attempting to run a shadow government," Diaz said in a statement.
She added, "My intention is to move past this and continue governing our city with integrity, as a united community. I encourage the council to do the same."
However, Councilman William Petrick, in a statement, wrote that the "ruling in no way restricts our ability to resolve the issue of the mayor's improper appointments. Judge Francis' decision simply indicates that the council should not hire an attorney for investigative purposes. Accordingly, we will be moving forward with this court action."
Controversy initially arose after Diaz's appointment of Peter Pelissier in September 2015 as the city's acting business administrator.
Believing the appointment was improper, the council last June hired Toms River-based attorney Robert L. Tarver last summer to conduct an investigation.
The council alleged that city law was breached when the appointment didn't go before the council for a required vote after 90 days. In late January, after the 90 days expired, Diaz retroactively appointed Pelissier as assistant business administrator, which council members argued was intended to sidestep the council's approval.
Council members say they sought Tarver's legal services because they had "lost confidence" in the city's attorney at the time, Arlene Quinones Perez, believing that her legal advice was biased toward the mayor.
Perez had advised the council that Diaz's executive decisions regarding Pelissier were legal, according to council members close to the matter. However, the council, skeptical of the advice, wanted an investigation and hired Tarver to probe whether Pelissier was entitled to certain pay and benefits that he received.
"When you lack trust in that opinion because, to you, (it) seems biased in favor of the mayor, I have a fiduciary responsibility to investigate further," Councilman Fernando Gonzalez told NJ Advance Media earlier this month.
Tarver in a statement said, "How does a city council investigate the administration, which they are permitted to do by statute, without the expertise of counsel? How do they interpret statutory violations without guidance? Asking the city attorney to help in some instances is like asking the foxes to guard the hen house."
Last summer, the council began exploring whether to try and recoup thousands of dollars in salary funds the council believed were improperly paid to Pelissier. Tarver said the ruling in no way prevents the council from going forward with that action.
Spencer Kent may be reached at skent@njadvancemedia.com. Follow him on Twitter @SpencerMKent. Find the Find NJ.com on Facebook.