Superior Court to Review Allegations Against Former Mayor and Solicitor

WEST WILDWOOD – The unsuccessful recall of former West Wildwood Mayor Herbert Frederick in 2009 has led to accusations of unethical behavior and official misconduct against Frederick and former Solicitor Paul Baldini. At issue is the alleged payment of legal fees associated with that recall petition by taxpayers amounting to $30,000 for Frederick and $17,822 for Baldini. Both parties forcefully deny the allegations of inappropriate behavior.
According to West Wildwood Borough Administrator Christopher Ridings, former mayor Herbert Frederick and former solicitor Paul Baldini engaged in official misconduct in the aftermath of a failed certification of a recall petition dating to December 2009.
In a March 4 press release, Ridings announced that Borough Special Counsel Louis Barbone Esq. filed a complaint with the New Jersey Superior Court stating, “On Dec. 7th, 2010, defendant Frederick and defendant Baldini, although purported adversaries in the litigation, negotiated a settlement contract providing for the payment of $30,000 to the defendant Frederick…”
According to Ridings, the borough was also required to pay Baldini $17,822 for legal fees while he represented the borough in the recall litigation. Ridings feels that the legal fees associated with that recall should not be paid with taxpayer’s money. Ridings further intends to have the New Jersey Superior Court determine “what, if any, laws were violated” adding “it certainly appears the incident fails to meet the transparency in government standard.”
Frederick’s attorney quickly responded to the borough’s press release.
In a March 10 release, Frederick’s attorney Mark Pfeffer characterized the complaint as “baseless and doomed to failure.”
Pfeffer stated that Frederick never had any settlement negotiations with the borough solicitor, Paul Baldini. He added, “The borough’s insurance adjuster, Scibal, negotiated directly with Frederick’s attorney, Garen Maguerian, Esq., and agreed to pay Maguerian $30,000 for attorney fees incurred in representing Frederick during the recall attempt. Neither Baldini nor Frederick were involved in those negotiations.”
Pfeffer further stressed that when Scibal agreed to pay Maguerian, it agreed on behalf of the Municipal Insurance Fund that it would not bill the borough for any costs of the settlement. He also added that the borough has never paid any settlement money to Frederick. “Mr. Baldini was equally prompt in responding to the borough’s court action,” Pfeffer said.
In a March 10 release, Baldini stated “The Borough of West Wildwood conducted an inadequate review of the facts leading to several false allegations. Solicitor Baldini had no responsibility for defending or dealing with such claims… he negotiated directly with the insurance carrier and adjuster to provide that there would not be a bill to the borough for any costs of the settlement and no part of Mr. Fredericks’ attorney’s fees would be paid by the borough of West Wildwood tax payers.”
Regarding the ethics complaint, Baldini’s statement read, “The Local Finance Board made a final determination that there was no ethics violation by Solicitor Baldini and the Borough of West Wildwood allegations to the contrary are without merit.” He has filed a counter claim against the borough as a result of the borough’s action against him.
The Herald contacted Ridings and Pfeffer for further comment on this story; both indicated that they stand by their recent press releases.
To contact Jim McCarty, email jmccarty@cmcherald.com.
Press Release Issued by West Wildwood:
Borough officials filed a complaint in New Jersey Superior Court accusing former West Wildwood Mayor Herbert Frederick and former Borough Solicitor Paul Baldini with alleged official misconduct.
An invoice for $21,035 received from Scibal Associates, the borough’s insurance company, alerted officials who then conducted an investigation that led to a complaint of possible official misconduct being filed.
“The Mayor and Commissioners discovered only months after taking office that a rather large bill was due to the borough insurance company,” said Borough Administrator Christopher Ridings. “The bill was related to a lawsuit that former Mayor Frederick had filed against the former Borough Clerk while he was in office and a settlement that he had negotiated for himself. During the cursory review of the matter a second rather substantial bill was found to have been paid to the solicitor at the time to defend the case.”
According to court complaint filed against the former mayor and solicitor in December 2013, Frederick received a $30,000 settlement after filing a complaint in December 2009 with New Jersey Superior Court challenging the certification of a recall petition, alleging a violation of his civil rights and seeking judgment against former Municipal Clerk Dorothy Tomlin.
On Jan. 26, 2010, Baldini, as Borough Solicitor, filed an answer to Frederick’s complaint, entering himself as the legal representative for West Wildwood.
“On Dec. 7, 2010, defendant Frederick and defendant Baldini although purported adversaries in the litigation, negotiated a settlement contract providing for the payment of $30,000 to defendant Frederick…” wrote attorney Louis Barbone, in his filing of thecomplaint.
Via the settlement, the borough was also required to pay Baldini $17,822 for legal fees.
“Louis Barbone agreed to conduct a review of the matter after the governing body became concerned that the settlement did not pass muster,” said Ridings. “Mr. Barbone conducted an extensive review of the facts of the case and concluded through his investigation that the actions appear improper.”
“While the mayor and the solicitor negotiated and effected the settlement contract, none of the settlement terms, specifically the payment of $30,000 in public funds and another $17,822 in public funds was ever presented to, discussed by, or brought for a vote and resolution of the West Wildwood Borough Commissioners,” stated Barbone. “The entire litigation was instead “settled” by the purported authority of the mayor , the solicitor and with the signature of the municipal clerk.”
Court papers state, “The actions and conduct of both defendants, Frederick and Baldini were instead acts of official misconduct. Both acted in connection with their official duties to the borough, both knowingly and intentionally breached the duties of their respective offices as imposed by law, and both did so for the purpose of self-benefit without regard to the respective duty of undivided loyalty to the public trust to refrain from activities which interfere with the proper discharge of their duties given their known obligations under state law.”
“The facts will be reviewed by the Superior Court in order to determine what, if any, laws were violated,” said Ridings. “But it certainly appears the incident fails to meet the transparency in government standard.”