TOWNSHIP OF WASHINGTON—With the township council president breaking from his former running mates, the governing body on July 15 named a new township attorney.
Mayor Peter Calamari recommended Siobhan Spillane Bailey, of Huntington Bailey LLP in Westwood, as the township’s new director of law and township attorney. Spillane Bailey’s appointment, approved 3-2, runs through Dec. 31, 2025.
Calamari noted that outgoing attorney Kenneth G. Poller had recommended Spillane Bailey for the job. Calamari did not specify how many people he interviewed for the position; he said he did not issue a request for proposals to attract candidates.
Council President Michael DeSena, a frequent critic of Calamari who made a run for mayor against him, joined council minority members Daisy Velez and Tom Sears in approving Spillane Bailey’s appointment.
Council VP Steve Cascio and Michael Ullman voted against. Cascio explained he wanted to see “a lot of options.”. Both said that the administration should have undertaken a broader search.
Cascio moreover expressed discomfort with the combining of two positions—director of law and township attorney—as required under the state’s Faulkner Act.
Poller, hired in 1982, served the township 42 years, covering four administrations and numerous councils, preparing generations of ordinances, resolutions, opinions, contracts and agreements, memos, real estate documents, and other work that helped define the municipality and that touched lives throughout the Pascack Valley..
Spillane Bailey will earn what Poller earned: $88,434 in annual salary and an hourly rate of $135 for legal proceedings and special projects.
Passing the torch
Martindale, a database on legal professionals, says Poller, based in Paramus, attended Rutgers University, for his B.A. in 1968 and law degree in 1971. He is admitted 1971, New Jersey; 1971, U.S. District Court, District of New Jersey; 1976, U.S. Supreme Court; 1982, New York; 1989, U.S. District Court, Eastern District of New York and U.S. Court of Appeals, Second and Third Circuits; 1989, U.S. District Court, Southern District of New York.
The same database shows Spillane Bailey graduating Rutgers College, B.A., 1987, and Rutgers University School of Law, Camden, J.D., 1990. Her bar admissions: 1990, New Jersey; 1990, U.S. District Court, District of New Jersey and Pennsylvania.
Spillane Bailey’s bio on Huntington Bailey’s website says in part that she has extensive experience in transactional real estate matters, corporate law, and commercial litigation.
The firm says it is “recognized as an authority in the field of municipal law, serving as borough attorney for multiple municipalities. Our attorneys also have extensive experience working with other governing bodies and boards in all facets of local governance and related finance.”
We reached out to colleagues of both attorneys for perspective. State Sen. Holly Schepisi of River Vale, with her office in Westwood, lauded both, saying in part they were among the most diligent, hard-working attorneys she’d ever worked with.
Of Spillane Bailey, Schepisi said, “I was counsel with her at Huntington Bailey for quite some time. She was the first to arrive and oftentimes the last to leave. She lives and breathes the law.”
Of Poller, Schepisi marveled at the depth and duration of his tenure, and compared him with longtime Westwood borough attorney Russell Huntington, a founding partner in the firm.
“I’m sad to hear about Ken retiring but I’m actually a bit jealous—after 42 years serving the community it’s a testament to him. There are very few people who do anything for that period of time, let alone 42 years serving so many different administrations and personalities. When you have that level of institutional knowledge it is difficult to bring someone on board who can jump into the fray.”
She said of Spillane Bailey, “She’ll be a real asset to the township on navigating complex matters at a time that is challenging for most communities.”
In his tenure, Poller was known to play hardball, as with the owner of the former Charlie Brown’s restaurant property, which the town recently wanted for a DPW headquarters and/or police station, the owner’s plans with a Montessori school notwithstanding; and he was seen to be very careful in explaining where the town had latitude and where it didn’t, suggesting possible implications for decisions made.
He advised tight lips on matters of closed session, such as negotiations, and was said to be heading up a probe when details of the town’s talks to acquire 450 Pascack Road were discussed in public.
In 2013, then-council president Cascio sought IRS guidance on whether Poller, whose hiring agreement included medical benefits, was a municipal employee or a contractor.
At this year’s annual municipal reorganization meeting, Poller found himself on the spot when the council majority—DeSena, Cascio, and Ullman—declined to back Calamari’s pick for chief municipal finance officer but did insist on a 10% budget cut. With the CFO still to be determined, now-required budget cuts apparently depending on professional oversight, and time limited to advertise budget meetings, Calamari asked Poller, “What do we do on the 15th when people don’t get their direct deposits?”
Poller replied, “I can’t sit here and tell you what’s going to happen…” He said he’d need time to research mounting questions and come back to the council with answers. (After much discussion the council reversed course and brought back the CFO.)
We left a message inviting him to comment for this story.
On the dais
Ullman said he voted no because he was concerned that Spillane Bailey “was personally picked by the mayor without casting a broader net” and emphasized the council’s desire for transparency and the opportunity to interview candidates before appointing them.
DeSena said he was “upset that we weren’t given the chance to meet Ms. Bailey beforehand and have a little interview process and a little transparency just like we’ve asked for,” before ultimately voting yes.
Before the vote, Ullman invited Spillane Bailey to comment on her experience particularly in municipal law. She responded that she had represented many area towns, including Englewood, and another municipal client on an affordable housing agreement.
She also noted her experience drafting ordinances and resolutions for towns and dealing with Open Public Records Act (OPRA) issues.
Spillane Bailey said that her firm had substantial experience with municipal law, and she was “comfortable” with the Faulkner form of government (mayor; administrator; council) and its evolving case law.
DeSena noted that she had presented before the Zoning Board of Adjustment and had been successful.
Velez inquired about Bailey’s affordable housing experience, given the Fourth Round affordable obligation deadlines starting in 2025.
Bailey responded, “We’re aware of the deadlines coming up. I look forward to digging into that as well.”
After Spillane Bailey’s appointment, DeSena congratulated Poller, saying, “You did it finally,” as other council members thanked him for his service.
Township clerk Sue Witkowski remarked, “Thank you for your service, knowledge, patience, understanding, etcetera, etcetera, etcetera.”
DeSena added, “—Answering our phone calls.”
Spillane Bailey was sworn in by the mayor, with her partner William Bailey holding the Bible. Following Poller’s stepping down from the dais, she took a seat between DeSena and Cascio.
Poller congratulated Spillane Bailey on her appointment, relinquished his seat at the mayor’s side, and joined William Bailey in the public gallery as the meeting resumed.
Parting words
Calamari, a Republican who, with Poller’s counsel, dived into an energetic program of big-ticket projects and land deals (some controversial, particularly among those who alleged excessive use of closed session meetings), told Pascack Press on July 17 he was pleased with Poller’s service and wished him well.
“Ken was an experienced and knowledgeable resource that the town could count on. He served four different mayors and many councils, and as mayor, I was always confident in his ability to provide excellent advice and legal opinions. His tenure often enabled him to provide historical and valuable context to many matters faced by the township,” the mayor said.
He added, “After over 40 years of service to the Township, he will be greatly missed. I wish him a long, healthy, and happy retirement.”
Calamari said, “I look forward to the future and to working with Ms. Bailey for our legal needs. I thank the council members who approved of her for the position, and I am confident she will be an asset to the Township.”
— With John Snyder