Attorney representing TOMSA and the Township also seeks appointment as Library Attorney at the January 18th Meeting of the Library Board

by guest blogger Linda Baum

In my 12/19/11 post, “Middletown Sewerage Authority (TOMSA) Board Member Soon To Join The Library Board??”, I mentioned there was an attendee at the 12/14/11 Library Board meeting whom I recognized from the TOMSA Board meetings. I didn’t know his name and he wouldn’t provide it. I speculated that he was one of the new Library Board appointees.

That man was also in attendance at the January 1st Township Reorganization Meeting, and I heard someone call him “Rich”. I’ve learned he is Richard Leahey, TOMSA attorney. Mr. Leahey — spelled also as “Leahy” on some Township resolutions — received several Township appointments for 2012, including Workers Compensation Counsel and Tax Appeals Counsel. In addition, Mr. Leahey works for Bernard Reilly’s law firm, which was awarded a Township contract to provide legal services as Conflicts Counsel. Bernard Reilly’s name should be familiar. Mr. Reilly, a prominent member of the republican party, is former Township attorney and is currently representing the owners of the Avaya site.

As it turns out, Richard Leahey is not one of the four people appointed by the Township to the Library Board. The School Superintendent’s appointee is still unknown but I’m told that historically the person selected is an educator. The Township appointees are Committeewoman Stephanie Murray (the mayor’s alternate replacing Committeeman Kevin Settembrino), Brock Siebert, Larry Nelsen, and Michael Convery, all registered republicans.

In my December 19th post, I mentioned that Mr. Leahey, then un-named, had visited the Library the day before the 12/14 Library Board meeting to obtain a copy of a resolution. He didn’t provide his name, or his motive, to Library staff at that time. I telephoned the Library last week to find out which resolution he requested and to provide them his name. I spoke to Wendy Latona, Library Administrator, who said she already knew his name because Mr. Leahey had come in to the Library a second time after the 12/14 Board meeting to introduce himself and express his interest in being appointed Library attorney. The resolution he requested provided some specifications for that role.

That I didn’t see coming. The conflicts of interest are numerous, and I am amazed that Mr. Leahey is so ethically challenged as to overlook them or to expect that the Library trustees would. It is not a secret that the Township Committee and the Library Board have been placed in an adversarial position as a result of what transpired last year. If Mr. Leahey has an eye on retaining his coveted Township appointments, how can he be counted on to fairly represent the Library’s interests? And is it proper that Mr. Leahey should represent both the Library and TOMSA, whose funds are also of interest to the Township, when more monies transferred to the Township by one client may mean less required by the other?

Maybe Richard Leahey knows something that we don’t know about his chances for appointment. I think he must or he would not have applied for the job in the first place. My concern is that the newly re-configured Library Board will appoint Mr. Leahey, regardless. If they do, it adds a whole new dimension to the game plan by Township officials where Library money is concerned. The first move was appointing a sitting Township Committee member as a Library trustee – that person cannot act in the best interests of both the Township and the Library. The second was politicizing the Board by appointing close party ties and increasing the Board’s size in a bid to gain control. Now, if Mr. Leahey is appointed as Library attorney, we can add pocket-lining to the list of offenses.

I’m told that the resolution Mr. Leahey requested specifies that legal experience with library matters is a criteria for appointment. If he doesn’t have that experience, it is enough to prevent his appointment, the conflicts aside. But Mr. Leahey must feel he is qualified, or else he would not have visited the Library a second time to formally present himself.

The Library Board holds its annual reorganization at its regular meeting on Wednesday, January 18th at 7:00 p.m. If you can attend, please do. There should be a strong public presence there to watch how this all plays out.

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Filed under Board of Trustees, Linda Baum, Middletown Library, Middletown NJ, Richard Leahey, TOMSA

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