PARK RIDGE—A Feb. 8 council vote to name State Sen. Holly Schepisi (R-39) rate counsel for the borough’s Board of Public Works, which manages its water and electric utilities, has drawn ire from officials who object to sudden changes in the process used to fill the post.
The 5-1 vote appointed Schepisi, of Schepisi Consulting and Law LLC, for a one-year term. Schepisi, of River Vale, is a longtime municipal and corporate attorney and has ranging legislative experience.
At her first meeting with the board, on Zoom on Feb. 16, she echoed what she told Pascack Press days earlier: “I look forward to working with the Park Ridge Water Utility — and as with all my clients, my primary concern is representing my client’s vision and implementing whatever I am directed to do on their behalf.”
At the same BPW meeting, members approved resolutions related to infrastructure improvements, discussed the timing needed to get a possible rate increase in front of the council for a hearing, and said they were working to identify a source or sources of wellwater contamination.
Members acknowledged the unorthodox process by which Schepisi arrived, sought reassurance that she would not bill the borough for time spent getting up to speed on voluminous legal histories — she allowed that certain matters would be better served by current counsel, but that also she was a fast and able reader of technical matters — and signaled it was moving on.
“I’m expecting great things with Holly as counsel,” board president Jeff Rutowski said.
Then the board adjourned to its closed session agenda.
Schepisi is the first Republican female senator from Bergen County and the first female to represent District 39 in the Legislature. Prior to joining the Senate, she represented the 39th District for nine years in the General Assembly, where she served as Deputy Republican Leader. Her district office is in Westwood.
Of her appointment, Councilman William Fenwick, a Republican, told Pascack Press, “Holly Schepisi frequently deals with various utility companies on a wide variety of matters, with her experience and contacts she will be an asset to Park Ridge. She has 25 years experience as an attorney representing public companies, municipalities and small companies and her resume speaks for itself as anyone who may have read it would see.”
Council President and BPW liaison Robert Metzdorf, a Democrat, opposed on procedural grounds, as did Democratic Mayor Keith Misciagna.
Misciagna does not vote on council matters, although he voiced his disapproval. He told reporters that in hiring Schepisi the council upended a longstanding process and revised an ordinance that changed the board’s power to vet and recommend rate counsel.
Previously, the post was appointed by the mayor and Borough Council after a selection was recommended by the Board of Public Works — following an extensive search that included a highly detailed request for qualifications.
Although an RFQ was issued, evidently only three candidates replied: Schepisi, the board’s former attorney (John Schettino, now borough attorney), and another candidate. Schettino reportedly was not considered, given his new role.
Councilwoman Kelly Epstein, also a Democrat, said an ordinance that had allowed the utility board to recommend rate counsel to the mayor and council did not match state law and needed to be changed.
Metzdorf and Misciagna both noted that the revision cut the utility board’s power to vet and advance a candidate for rate counsel.
Metzdorf told Pascack Press that Schepisi would have “a big learning curve” because he did not believe she had ever represented a utility board before. He alleged other council members “had already made the decision and it was done in secret behind closed doors,” prior to the Feb. 8 council meeting.
He said Schepisi’s résumé was provided to him seven days before the meeting and that he did not get a chance to interview her.
“This came as such a surprise because this position is so important to the borough,” he said. He noted the local water and electric utilities offer rates “much cheaper” than other Pascack Valley towns lacking their own utilities.
An RFQ issued for the position states, “The basic scope of services provided to the borough shall include: experience in providing legal advice and assistance on all matters relating to the operation of the Borough’s Water and Electric Utility and Public Works Operation including but not limited to handling personnel and union contract issues; New Jersey Department of Environmental Protection (NJDEP) and Federal EPA matters; customer dispute issues; contracting and legal assistance with hired contractors; electric and water utility rate matters; matters relating to the municipal water supply contract with an adjoining town; and environmental contamination matters.”
Schepisi’s résumé, on her Legislature page, notes her service as River Vale town attorney, 2007–2011, and public defender for Oakland, 2012–2014.
Other noted experience: vice president, Holy Name Medical Center Foundation; special counsel, Huntington Bailey LLP; managing director, Clear Spring Capital Group; managing member, Schepisi & Associates, LLC; and corporate associate for Swidler Berlin Shereff Friedman and and Roberts, Sheridan & Kotel.
Utility board member Michael Mintz told Pascack Press that when he was told the council wanted to appoint Schepisi he questioned what her experience was with utility law related to water and electric utilities.
He said “there are [attorneys] out there that have a history with environmental law, rates and regulatory matters” that may be better suited and do not need to learn on the job.
He said he hoped that the board will not end up having to pay Schepisi to recommend other attorneys to handle matters that confront the utility.
“To me it’s not a question of whether she’s qualified or not, but we’re getting someone as the rate counsel that we have no idea what her qualifications are anywhere,” Mintz asserted.
He said the utility board has not seen Schepisi’s résumé, nor what criteria the council used in selecting her.
He questioned whether Schepisi may have “conflicts” as a state senator representing towns in the district, including Park Ridge, Woodcliff Lake, Hillsdale, Emerson, Montvale, River Vale, Westwood, and Washington Township.
He said utility board members never got a chance to question Schepisi along these lines and were not given details related to utility or environmental cases she has handled. “Our ratepayers are paying for something that I cannot say is worth it.”
Moreover, he noted upcoming legal and regulatory matters relating to installing filtration systems for three local wells that showed high PFAS, or manmade chemicals linked to human health impacts, including cancer, that is currently underway. (See “Water customers in two boroughs get warning on closed wells,” Pascack Press, Jan. 17, 2022.)
He said he did not believe the process previously used to select a counsel needed to be changed under state law and even if so, questioned why it was being changed now.
Schepisi emailed Pascack Press on Feb. 15: “I have been practicing law for 25 years. During that time, I have represented multi-billion-dollar corporations, publicly traded companies, private equity groups, hedge funds, municipalities, small businesses and developers.”
She added, “My experience is extensive in many different fields but as a corporate attorney my expertise is in advising clients on everything from contract negotiations to employment related matters. The nature of my practice is such that I have had to become an expert in whatever particular industry I am currently representing.”
Schepisi said, “With respect to environmental issues, not only have I represented many clients in navigating through a wide variety of environmental matters, but I sat on the environmental committee while in the Assembly and participated in statewide hearings on infrastructure rebuilding needed after Hurricane Sandy.”
She added, “I interact on a regular basis with the NJDEP, the BPU and other regulatory agencies and as I vote on all legislative mandates pertaining to utility companies I am uniquely aware of changes in the laws in real time. Any concerns about my expertise would have been proactively addressed if they had ever been brought to my attention.”
— Some reporting by John Snyder