Armano v. Martin

• Decision Date: 15 January 2016
• Docket Number: Civil No. 15-2634 (NLH/KMW)
• Citation: 157 F.Supp.3d 392
• Parties: John J. Armano, Jr., Plaintiff, v. Michele Martin, Angela Donato, Nicholas Fazzio, John Rogale, Albert Frattali, and Sean Longfellow, Defendants.
• Court: U.S. District Court — District of New Jersey

157 F.Supp.3d 392

John J. Armano, Jr., Plaintiff,

v.Michele Martin, Angela Donato, Nicholas Fazzio, John Rogale, Albert Frattali, and Sean Longfellow, Defendants.

Civil No. 15-2634 (NLH/KMW)

United States District Court, D. New Jersey.

Signed January 15, 2016

As Amended January 21, 2016

Louis Giansante, Giansante & Assoc., LLC, 23 E. Main Street, Moorestown, NJ 08057, f Plaintiff

Eric J. Riso, Platt & Riso, P.C., 40 Berlin Avenue, Stratford, NJ 08084, on for Defendants Michele Martin, Angela Donato, Albert Frattali, and Sean Longfellow

Ellis I. Medoway, Kerri E. Chewning, Archer & Greiner, PC, Haddonfield, NJ, on for Defendant John Rogale.

John C. Grady, Wardell Craig Annin & Baxter LLP, 41 Grove Street, Haddonfield, NJ 08033, on for Defendant Nicholas Fazzio

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

For the reasons expressed below, defendants' motions will granted, and plaintiff's 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. Plaintiff's 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 plaintiff's 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 Cianci, 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 Chairman 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 Donato, Sean Longfellow and Albert Frattali.

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 & Armano 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 Trimble & 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 & Armano 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 plaintiff's 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 prior to the hearing, Council members had been provided with plaintiff's 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. Daly and others in the Lawsuit creates a substantial risk that Trimble & Armano's ability to provide independent legal advice to Council has been compromised.

(2) Council reasonably believes that that the filing of the Lawsuit created substantial doubts as to Trimble & Annano's impartiality and independence in rendering legal advice to Council which has resulted in a lack of confidence and trust in those advices.

(3) Council has a reasonable belief that the actions as aforesaid violate the Rules of Professional Conduct governing attorneys in the State of New Jersey.

(4) As a result of the filing of the Lawsuit by Trimble & Armano, Council can no longer reasonably trust Trimble & Armano as the Township Attorney and that the attorney/client relationship has been irreparably broken and fractured due to the lack of trust and confidence as a result of the actions of Trimble & Armano as aforesaid.

(Docket No. 31-6.)

Plaintiff claims that his termination was retaliation for his partner's representation of a political rival, and was a result of a classic “shake-down” so that another attorney could be appointed as solicitor and the current Township engineer would not be replaced. Plaintiff claims that the hearing “was little more than a kangaroo court or soviet-style show trial” because the “non-lawyer governing body” ignored the only competent evidence presented on the issue of violations of the RPCs, which was his expert who determined that plaintiff had not committed any ethical missteps. Plaintiff claims that “the Township's executive department [demonstrated] their willingness to act lawlessly, vigilante style, and wreak havoc on anyone who stood in their way,” and as a result the five named defendants “were able to secure their desired appointments without further opposition.” The defendants are Council members, Michele Martin, Angela Donato, Sean Longfellow, and Nicholas Fazzio, Albert Frattali, a member of the Board of Commissioners for the Delaware River Port Authority, and John Rogale, a retired former executive of the DRPA and former Council President of the Township Council.

Plaintiff filed a five-count complaint against the six...