Remember on May 22, 2024, the Toms River Township Council approved two resolutions by 4-3 votes to add Donald F. Burke of Brick to the town’s legal pool and to award him a $50,000 contract as special counsel on the Ciba-Geigy litigation. The attorney hired by Toms River to represent the township in its battle with the state over the future of the former Ciba-Geigy site and added to the large pool of attorneys, who has been representing Toms River against Resident Phil Brilliant relative to the petition for the Animal Shelter, was discovered to be representing Mayor Daniel Rodrick in legal matters before the Middletown Township School District, where he is a teacher. Do you remember?
Burke also represented Rodrick and Council Vice President Lynn O’Toole in their defense against the challenge by Kevin Geoghegan to the Toms River council candidacy of William Byrne. O’Toole was the notary on the petition for Byrne, and Rodrick had signed as circulating at least part of the candidates’ petitions.
The resolution awarding the contract to Burke makes a passing mention of a second law firm, Chiesa, Shahinian and Giantomasi of Roseland, NJ, which also submitted a bid to represent the township. It does not provide the maximum cost of the Chiesa bid.
It was the third time the township had put out a package seeking bids to provide the special counsel services; bid packages were published on the government bidding website OpenGov.com in October 2023 and January 2024 before the final one in April that led to the Burke award. Chiesa, Shahinian and Giantomasi submitted proposals all three times, according to the records.
Chiesa, Shahinian and Giantomasi of Roseland has prior experience with natural resources restoration cases, though it appears they have primarily represented companies facing environmental damages charges, according to the firm’s website.
“It was our determination the Burke firm was more qualified,” assistant township attorney Peter Pascarella said at the May 22 council meeting.
“If I were looking for an attorney, I would be looking for a good attorney and a good litigator, and that’s what he is,” Rodrick said.
At this meeting, Rodrick walked out following a shouting match with Councilman Tom Nivison who questioned if Burke was getting the job as payment for other services and Rodrick called Nivison a “sell out!” It was an eye opening night for May, so much more has happened, but we came across the 2 bid packages for Donald Burke and CSG Law…You decide, who is more qualified and if “hanky panky” is going on in the Rodrick Administration.