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Board's New Legal Counsel Will Be Paid $325,000 Next Year

Machado Law Group will be paid on a prorated basis until June 30.

 

The Board of Education has hired a new legal counsel.

The Machado Law Group, LLC will now represent and advise the board regarding all legal matters.

The firm will be paid $150 an hour for the use of counsel and associates and $75 an hour for paralegals until June 30. The total amount paid will be prorated from the maximum permitted amount of $325,000. Superintendent Ray Gonzalez could not provide an estimate on how much the firm would be paid until June 30.

Gonzalez said that the “initial transition costs form the old firm to the new firm” are not considered when calculating the cap. He said the transition costs are unknown at this time.

The firm will be paid a maximum of $325,000 for legal services for the 2012-2013 school year. The appointment will last until the end of that school year.

Schwartz, Simon, Edelstein, and Celso LLC previously represented the board. Nathanya Simon represented the board in court when nine Wayne Hills High School football players filed a lawsuit against the board for their right to play in the state championship game in early December.

“We are in the process of working with both firms to determine what matters are going to be handed off to the new firm and what cases are in progress and will remain with our former counsel,” Gonzalez said.

Gonzalez said the decision to hire a new legal counsel was the board’s, not his, since the person represents the board. Gonzalez did not comment on why the previous firm’s contract was not renewed.

“The administration will work with the firm to address any legal matters involving the district,” Gonzalez said.

The board counsel is one of many professional services that are periodically reviewed for annual reappointments. Others include the district’s architect, auditor, and insurance broker.

Isabelle Machado will be the primary representative from the firm at board meetings.

In addition to representing and advising the board, Machado will represent the district in any litigious matters involving special education.

Board President Donald Pavlak Jr. could not be reached for comment.

Related Topics: Wayne Board of Education

pam roz

7:10 am on Tuesday, April 3, 2012

How can we find out what the previous firm charged?

Did we ever find out if it is illegal to hire a PR firm, as alleged by a former BOE member?

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John Lynch

7:38 am on Tuesday, April 3, 2012

Pam, just email any board member or the superintendent they will tell you how much we paid the previous law firm.

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Albert

7:55 am on Tuesday, April 3, 2012

Pam, good questions. It will be interesting to see if this cost is an increase, and if so, how much. Unfortunately, with any type of government group, town or school, I always seem to be skeptical that someone is getting the job as a favor, or they know someone. As far as the PR firm, not sure if it illegal, that will be interesting to find out, more alarming is that a school board needs a PR firm. School boards normally put their own spin on things as it is, but now they have a professional doing the spinning for them.

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BillyK

7:56 am on Tuesday, April 3, 2012

@Pam: Obviously that "former board member" was wrong....no surprise there. Look on other school district"s websites. They hire communication officers as a full-time/full-benefit position. So I doubt if Wayne hires a PT/No Benefit communication specialist that it is an issue. Sour grapes...

Al Scala

8:04 am on Tuesday, April 3, 2012

I again reiterate.....How does the hiring of a PR firm enhance the education of our children? I don't think it does one iota. The hiring of this PR firm was done for the benefit of the Trustees and the Administration. They cut the school supplies line item significantly but find the money to hire a PR firm. I also predict that this PR firm will be rehired in June. The only way you will know about it, is if you read it on the agenda or go to the meeting to actually see them vote on it!

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Bob

8:04 am on Tuesday, April 3, 2012

Another big payday for an outside vendor. The B of E sure knows how to spnd our tax dollars. Why is it that the Board thinks it needs to retain a legal firm? I'll bet that the $325M is just a drop in the bucket & they will be biled on an hourly basis. I can't wait to move out of what was once a great place to raise a family. I have no beef with the teachers of Wayne & I'm sure we have a good group of dedicatedteachers who do a great job. I just think that the benefit cost should be more in line with the business community & the guaranteeed job for life has to go. Each teacher should be evaluated on a yearly basis like corporations & small companies do with their employees.

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Susan

8:10 am on Tuesday, April 3, 2012

Bob: Are you serious - not have a legal firm? It is 2012 and everyone is litigious. The reason why school boards cap the fee is so that the costs are contained. I bet this firm is less than the previous firm.

Al Scala

8:15 am on Tuesday, April 3, 2012

BillyK.....Our BOE had a full time communications/PR person on staff. He was a retired individual with a lot of experience in communications. He was being paid $20,000/YR WITH NO BENEFITS. When Bob Ceberio started grumbling about this position and cost, the gentleman who had this position then voluntarily took a pay cut and did the job for $1/yr. ( with no benefits) Bob Ceberio decided to eliminate the position because he said he could do a better job. Well we all saw the job Bob Ceberio did during the football fiasco. The former PR person was well liked and was doing a very good job. ( for $1/yr) The man was cut due to political motives, and we are now paying a firm $2500/month.

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Al Scala

8:32 am on Tuesday, April 3, 2012

Why hire a PR firm? Our Superintendent should be the face and mouthpiece for our school system. Isn't that part of his job? I certainly don't want some slick PR firm telling him what to say or putting words into his mouth.

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Bob

8:42 am on Tuesday, April 3, 2012

@ Susan-yes you may be correct in having a legal firm represent the B of E since we are such a litigious lawsuit happy society and we need to be protected.Maybe they should just hire a full time attorney on staff and I'll bet it would be less than the retainer that will be paying out. I doubt that its less then paid out last year-nothing with the B of E is less.

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Justice

8:57 am on Tuesday, April 3, 2012

Looked up the new law firm, whose website is still under construction...that will probably be charged back to the taxpayers of Wayne. We need to review the itemized monthly bills of this new firm and also vet out the relationships. So far, it appears that they do quite a bit of appeal work which is great "fee-building". No surprise here. Let's see who they hire as auditors/accountants...Jimenez' bookkeeping firm, which is (funny) in Bergen County..no surprise there either.

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Wayne Parent

11:09 am on Tuesday, April 3, 2012

To be honest, with a district our size, I would have expected a lot more than $325K per year for outside counsel (which is the cap if the article is correct). $150 and hour for an attorney is ridiculously low in the Northern NJ/NYC area. It sounds like a good deal, but makes me question the quality of the firm.

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Wayne's World

11:56 am on Tuesday, April 3, 2012

The outgoing law firm, Schwartz Simon, is known in NJ legal circles as the specialist firm in "education law" in the state. Don't know if they are the best of the best, but they certainly have the niche carved out better than anyone else. Education law runs the gamut from premises liability to student lawsuits over education, etc. or anything in between. Basically, the law firm handles any legal issues coming through the BOE or school system. It's a notoriously low-paying area of law and pretty mind-numbing subject matter. I don't know what Schwartz Simon charges, but they are the top dog in the field in NJ.

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Another View

5:31 pm on Wednesday, April 4, 2012

@Wayne's World. I don't know where you got your information but I have to give a different version. Before Schwartz Simon we had one of the most respected law firms for educational law in the State of NJ. Fogerty and O'Hara have worked with Ridgewood,Montville and Other top schools in the area. It is my understanding that The BOE had to hire another law firm to handle the educational side of law because of Schwartz Simon lack of Educational Law Experience. S/S had been brought in to Wayne after representing a BOE member who faced ethics charges. Wayne's law fees promtly doubled and we have spent guesstimate of over a extra million dollars over the past 7 years that they have been representing us. Anybody care to discuss?.

Pad

5:31 pm on Tuesday, April 3, 2012

Gee, Hackensack just hired this firm. Didn't Gonzalez just come from that school district? Maybe he just brought in some more friends to feed at the troff. How about the 5-9% raises that were brought up at the meeting by a concerned parent while programs are slashed. Believe me there is a connected friend at the PR Firm also.

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Justice

7:09 am on Wednesday, April 4, 2012

yep. Councilman James Jimenez' bookkeeping firm is next.

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Rex miatke

11:37 am on Wednesday, April 4, 2012

Pad you nailed it. Watch who is at the troff.

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Chris Traynor

1:15 pm on Wednesday, April 4, 2012

I'm not an elitist, an internet troll hellbent on making snarky put-downs or a member of the Grammar & Spelling Squad ... but T-R-O-F-F ? ? ?
Yikes.
You gotta try harder than that.

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Al Scala

1:36 pm on Wednesday, April 4, 2012

Correct me if I'm wrong but I think it is spelled T-R-O-U-G-H.

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Justice

2:39 pm on Wednesday, April 4, 2012

Do you mean a pig's trough? A BOE trough? Regardless, the point has been understood and agreed.

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Pad

4:21 pm on Wednesday, April 4, 2012

The BOE needs to be investigated on its expenditures, contracts and all of its fianancial assets by an independant goverment agency. The new Superintendant has already hired a friend for a six figure job and the new law firm was just hired in Hackensack also where he just left his prior position. There is alot that goes on at Nellis Drive that is kept from the taxpayers of Wayne. It also is shady that when there is an opening on the Town Council the person often comes from the BOE. The Town Council is made up almost entirely by former members of the BOE. Something is just not right with this picture.

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Justice

5:26 pm on Wednesday, April 4, 2012

We need the name of their independent auditors and then hold them accountable, even suing them. That would be funny, let the new law firm defend the lawsuit from the taxpayers of wayne and then the e and o carrier for the accountants since they obviously may have missed some steps...ooops, Jimenez proclaims to be a CPA...he may be sued also, especially since he comes from the boe. he should put his e and o carrier on notice....

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Justice

5:28 pm on Wednesday, April 4, 2012

@Rob, did you mention that it was Jimenez who wanted to take a woman out to the parking lot? If I did not misunderstand you, them he should be sued for conduct unbecoming an officer (the position he holds on the BOE or Council)

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Al Scala

5:29 pm on Wednesday, April 4, 2012

Pad.....Rob Burke coined it quite accurately. The Wayne BOE is an incubator for the Town Council. Look at past history starting with Vergano and Schweigart, Mary O'Rourke, Jimenez and Mazzei. I'm sure there are others that I'm not aware of. I'm sure if you look farther back you'll probably find several others who started out on the BOE and joind the Town Council later on. The common thread here is that they are all part of the Wayne Regular Republican party. They control everything here in this town. It certainly is a one horse town. Even though I am a Republican, I don't think this one party rule and the amount of control they have on both the Town Council and BOE, is very healthy for our town. They simply have too much control. Hopefully, with the emergence of the Democratic party here in town, as they have an outstanding party leader in Ray Egatz, there might be some change down the road.

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