Sussex CC Board votes to retroactively hire and pay Saiber law firm

By Nathan Mayberg
NEWTON — The Sussex Community College Board of Trustees voted on Monday to approve the hiring of the law firm which was brought on in June to investigate the college's handling of the bidding process for its estimated $3.3 million renovation of the student center.

Saiber Law Firm was brought on by college president Paul Mazur in June on a retainer signed by Frank Nocella, executive vice president of finance and operations for the college.

But the board never approved the hiring of the firm until Monday, two months after the firm gave its report to the college.

The firm's report identified conflicts of interest among some board members, but identified no errors in the bidding process.

A review of the bidding process had been done previously by the law firm of Courter, Kobert and Cohen, but there were objections over the firm's ties to board members, which led to the retainment of Saiber.

In September, Saiber billed the college $54,036.71 for its work. Three days after the bill was submitted, the firm was paid with a check signed by Nocella and board treasurer Jerry Scanlan.

The board did not vote to pay the firm until this past Monday.

Trustee Dan Perez said the bill shouldn't have been paid until the board reviewed the charge.

He said the college's bylaws require that "any bill or any invoice that is presented to the college needs to be approved by the board of trustees" before the bill is paid.

Perez has been critical of the way the board has handled the bidding process and its contracts with CP Engineers, who helped design the construction project of the student center.

Most recently, he wrote a letter to acting board chairwoman Lorraine Parker, criticizing her appointment of board members to a new committee without board discussion.

At Monday's board meeting, Perez reiterated those concerns, saying he has had to "fight to get information."

In response to criticism by some board members that he has taken his concerns public, Perez said "this is the public's college."

"We conduct the public's business," he said. "We are governing through a rearview mirror."

At the board meeting, trustee Rachel Geraci said that the letter by Perez and his public statements were "completely inappropriate."

Parker responded to Perez at Monday's board meeting by saying "I take exception to the accusatory tone."

Parker said she had listened to the suggestions of Perez over financial issues and asked questions of the administration on his behalf.

She objected to his sharing of a letter he sent to her with the press and the Board of Freeholders.

"We are not perfect," Parker said. "We make mistakes. We overlook things."

Parker said that trustees "give enormous amounts of time" to work for the college voluntarily. "You seem to believe there is only one conscientious board member."

She said Perez should work with the board in the "spirit of congeniality."

She said the college's bylaws are out of date and need to be updated.

The Sussex County Board of Freeholders have named Maryann Fox as the newest trustee of the college's board. There are two remaining vacancies on the board.