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Posted by Manlo on April 15, 2003 at 05:37:28:
CUNNINGHAM CITES BOOTH FOR ETHICAL VIOLATIONS Urban Times News
April 11-April 17, 2003 By Steven Glazer Jersey City-Superior Court Judge
Arthur D'Italia heard arguments from
Jersey City Mayor Glenn Cunningham's
attorney that Corporation Counsel Alex
Booth is unfit to serve because of serious
ethical lapses in office. "Does that mean if
he embezzles money, admits it, gets indict-
ed, but is not yet convicted, he can stay in
office? Asked attorney Michael Stein. "Just
because he stopped does not mean that he
did not do that. He freely admits that he
did. In and of itself, that renders him unfit,"
said Stein.
Judge D'Italia acknowledged that
the ethical aspect of Cunningham's charges
against Booth were the most damning
brought by the Mayor. "That is the sharpest
arrow in your quiver," said D'Italia.
Stein argued that though Booth
has corrected the ethical violations
Cunningham complained of" they are no
less valid reason to remove Booth. Booth
maintained a partnership interest in the law
firm bearing his name. Brownstein, Booth
and Barry, while serving as Corporation
Counsel to the City of Jersey City. The
firm represented the Hudson County
Improvement Authority for many years.
That County agency is currently in court
with the City, through its agency, the Jersey
City Incinerator Authority in litigation that
began during Booth's service.
Booth's law partner, Bob Barry
served as counsel to the HCIA until the
middle of last year and stayed on as transi-
tion counsel through the first of the year
and has been a special consultant since the
beginning of this year. Barry resigned his
remaining relationship with the HCIA just
recently as the suit between the Mayor and
Booth came to court. D'Italia asked from
the bench, "What would happen if Booth
showed up to represent the City and his
partner, Barry, showed up to represent the
HCIA?"
Privately, city officials asked,
"Why would a guy resign and withdraw
from a lucrative law firm. And why would
a guy get his partner to give up a lucrative
law client, the HCIA, just to keep a city job
that does not pay all that well?" Salary for
the Corporation Counsel job at stake is
$55,000 a vcar, far less than an attorney,
and obviously way less than two attorneys
in an active, politically connected private
practice could make. "What gets me," said
the official, who asked that his name not be
used. "is that it will probably cost more
than that salary to pay all these lawyers by
the time this is over, no matter who wins.
Booth is forcing the City to fritter away
more money than he will get paid. Why
would he do that, when he could make far
more in private practice?"
When Cunningham delivered his
termination letter to Booth, with copies to
members of the Council, Booth resigned his
partnership in the law firm. Cunningham's
letter to Booth gave reasons for the termi-
nation that included a lack of trust and con-
fidence and this apparent conflict of inter-
est. But Booth's wife took his place at the
law firm maintaining the Booth name in the
firm's title and participation in the profits of
the firm. Booth did not discuss details of the
compensation. Cunningham also cited a
Jersey City ordinance requiring that the
service of the Corporation Counsel, head of
the City's Law Depaitinent, required the
full time of the office holder. Booth
acknowledges that he himself was active in
his private practice even while his wife
stood in for him in the partnership.
Booth also argued that the suit did
not even belong in court in the first place
because it would interfere in the separation
of powers between the executive branch of
government, the Mayor, and the legislative
branch, the Council.
The City Council sided with
Booth and overrode the Mayor's termina-
tion and that should have ended the matter
argued Booth's attorney, and the attorney
for the City Council. Booth, by refusing to
accept the termination, compels the city to
fund the Mayor's only alternative, taking
Booth to court. Naturally, the Corporation
Counsel must be represented as must the
City Counsel as well z
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