Mahaney Questions Sharing Solicitor with Lower Township

CAPE MAY — Mayor Edward J. Mahaney Jr. expressed his displeasure with City Solicitor Tony Monzo accepting a position as Lower Township Solicitor while continuing to work for the City of Cape May as solicitor.
In January 2007, Paul Baldini in Lower Township replaced Monzo as solicitor after 10 years of service, a decision Lower Township Councilman Wayne Mazurek at that time said was made by a Lower Township Republican Organization caucus, not by discussion of township council. Monzo was reappointed Lower Township Solicitor on Jan. 7 of this year.
At a Feb. 3 City Council meeting, Mahaney said he had met twice with Monzo for serious discussions.
“I just have to say that I am disappointed that he accepted the solicitorship in Lower Township without notifying the council in Cape May beforehand,” said the mayor. “But more importantly, I believe that it will constitute opportunities for conflicts of interest in the future on certain specific issues.”
Mahaney said he and Monzo have “agreed to disagree.” He said the city could engage special counsel when a conflict of interest could occur.
The mayor said he was not in favor of incurring additional costs by hiring another attorney. He said having to bring the new counsel up to speed on the issues compromises the city’s ability to be successful in negotiations.
Mahaney said he respected the leadership and citizens of Lower Township who were entitled to hire Monzo. He said Monzo was entitled to accept the position.
Mahaney said he believed the rules of professional conduct for attorneys indicate this was a situation that should not have occurred with two towns that are adjacent and have common interests that could cause at least a perception of a conflict of interest.
He said he could not openly support Monzo continuing as City Solicitor but that was a decision of council. Mahaney said he felt he needed to make public comment on the situation in the city’s best interest.
Certain matters in the city’s portfolio during the last year including the dismissal of city manager Luciano V. Corea Jr. and end of a contract with engineers Remington and Vernick “should have been handled more effectively,” said Mahaney.
Monzo told the Herald he researched the issue when he was appointed in Cape May after serving as solicitor in Lower Township.
“There’s nothing in the rules that prohibits an attorney from working as a solicitor in two adjacent municipalities,” he said. “In the seven and a half years that I served both communities, there hasn’t been once instance where there was a conflict.”
While he and the mayor have conflicting opinions on the matter, Monzo said it would not interfere with their working relationship.
Monzo said he has been “extremely careful in approaching both municipalities to avoid conflicts.” More possibility for conflict exists with private clients than with municipal clients, he said.
Monzo said he has tried to avoid commercial or private clients that would put him in a conflict position because of the additional costs for the city involved in hiring special counsel.
The only two conflicts he had in over 10 years of service to Cape May were conflicts that arose when he was with the firm of Cooper Levenson, he said. The conflicts involved other partners in the firm that had represented clients in Cape May that were in conflict with matters he was confronted with as solicitor.
In those two cases, Cape May hired conflict counsel. Since Monzo left Cooper Levenson in 2003, conflict counsel has not been needed on any matter, he said.
Monzo said Mahaney voted against his appointment as solicitor in 1999 but he voted yes in the subsequent two years while he was also serving Lower Township.