Hudson Reporter Archive

City attorney steps down

The Zimmer Administration is accepting applications for the post of city Corporation Counsel. After nine months on the job, Corporation Counsel Michael Kates has resigned.
“My concern, and that of my law partners, was that I could not accommodate the demands of the office of Corporation Counsel and the demands of my law firm,” Kates wrote in a letter to Mayor Dawn Zimmer, dated Sept. 2.
Kates practices law at Kates, Nussman, Rapone, Ellis & Farhi, LLP, based in Hackensack.
Kates could not be reached for comment, because he was reportedly out of the office on Thursday and Friday.

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‘I have come to the conclusion that my part-time service to Hoboken is insufficient, and is jeopardizing your ability to address your daunting tasks.’ – Michael Kates
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He was selected by Zimmer following the resignation of former Corporation Counsel Steve Kleinman, who served from April 2007 to January 2010, under three different mayors.

City looking for a new attorney

“Basically we’re conducting an open public process to fill the position,” Communications Director Juan Melli said. “There is a request for qualifications (RFQ) on the city website where we list all the openings. We are requesting anyone interested to respond to the RFQ through Friday, Sept. 17. After that, we’re going to conduct interviews and make a decision from there.”
Kates was originally hired at $103,500 annually, and accepted the position without benefits.
In his resignation letter, Kates mentioned the time constraints of the position.
“After a sufficient period of time to assess the matter, I have come to the conclusion that my part-time service to Hoboken is insufficient, and is jeopardizing your ability to address your daunting tasks,” Kates said in the letter to Zimmer.
When asked if the city would consider this remark in determining whether or not the next corporation counsel would be hired on a full-time basis, Melli said the city will wait and see who replies to the posting, and evaluate the situation from there.

Sticking around

Kates has agreed to stay on through the transition period.
In a letter from the mayor to the city council, Zimmer said that time commitment was an issue for Kates, who was balancing work at his own law firm as well as the work with the city of Hoboken.
“To address this concern, an associate of his firm has worked at City Hall with my administration on a full-time basis,” Zimmer said in a letter to the city council. “Despite this arrangement, the challenge of addressing Hoboken’s many legal challenges is too great, and for both personal and professional reasons, he has decided to resign.”
The associate from Kates’ law firm, Alysia Smickley, will also stay on at City Hall until the transition period is completed.

Kates: not a political issue

Kates addressed the issue of the “politics of public service,” and stated that his resignation had nothing to do with political battles.
“Although I did not enjoy the late night meetings or the occasional public criticisms, I very much enjoyed the good people of Hoboken, the members of the City Council, and especially, the best and the brightest you have assembled as your directors,” Kates said in his resignation letter to the mayor. “I will remember these relationships fondly.”
Kates was the target of negative comments by some members of the public regarding the handling of legal battles in the city at the Sept. 1 council meeting, with one speaker from the public calling for his dismissal.

New posting listed

The qualifications for the job, according to the city website, are: attendance at regular City Council meetings, management of the legal department, and oversight and direction of outside counsel.
“Duties also include evaluating staffing, organization, and role of in-house vs. outside counsel. Prefer at least five years comparable experience including municipal, Faulkner act, labor, and land use, both generally, and in a redevelopment context. Salary is commensurate with experience. Key factor will be ability to be effective from day one,” according to the city website.

Current problems

The city is currently entangled in legal battles regarding the sale of the Observer Highway Municipal Garage, a transaction which was not completed. A developer, S. Hekemian Group, has previously said they will take the city to court over a breach of contract. The sale was not completed after the city council voted to terminate the sale, days before the closing date, claiming that interference from the developer did not allow the city to complete necessary tests and gain environmental approvals from the state.
The new garage site will also provide a legal challenge to the law department of Hoboken. The city has already been in Hudson County Superior Court because Hoboken Unleashed, a pet daycare center, has a prior lease at the new Willow Avenue location, from which the city currently operates their municipal garage. The parties are due back in court on Oct. 12, at 10:30 a.m.
Zimmer thanked Kates for his service in a press release issued on Sept. 8.
“I am incredibly grateful to Michael for his work on behalf of Hoboken as we tackled a multitude of inherited legal challenges,” said Zimmer in the release. “When I offered him the position, Michael was concerned about the difficulty of meeting the demands of his law firm while serving as Corporation Counsel, but there was never any doubt about his commitment to Hoboken, and that is evident from all we have been able to accomplish in a short amount of time.”
The Zimmer administration said they will notify City Council and the public when the process is completed.
Ray Smith can be reached at RSmith@hudsonreporter.com.

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