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Parsippany Council meeting Tuesday, March 12, 2014.

(Meghan S. Hodgin/NJ.com)

PARSIPPANY — With a 3-2 vote Tuesday night, the Parsippany council instructed its clerk to file ethics charges against the municipality's own township attorney, John Inglesino.

John Inglesino at his swearing-in as Morris County freeholder in 2005.

The charges allege Inglesino should have stepped down from his post, citing a recent legal opinion stating he has conflicts that should prevent him from serving Parsippany government.

Inglesino's been in the headlines in recent weeks for his role in the very public legal battle between 18-year-old Rachel Canning and her parents, Sean and Elizabeth. He funded the teen's lawsuit, in which she's trying to get her parents to pay for her tuition and living expenses, even though she was no longer living with them. As of Wednesday, the teen was back home.

Councilman Louis Valori and Council President Paul Carifi Jr. have been battling Mayor James Barberio for months over whether Inglesino — a noted ally of and fundraiser for Gov. Chris Christie — should keep his position as township attorney. Last week, the two produced a letter from the firm Eric M. Bernstein and Associates, alleging Inglesino has committed ethical violations and has conflicts that should keep him from serving Parsippany government.

And Barberio filed an ethics complaint last month alleging the two councilmen were using their positions to harass Inglesino and interfere with a lawsuit the township has against Carifi's brother.

He said Wednesday the Local Finance Board sent him a letter dated March 7, advising him that the board intended to conduct an investigation of the complaint.

Tuesday night, the councilmen attempted to remove Inglesino from his position, by stating he is in conflict with the rules of professional conduct, under an argument outlined in the Bernstein letter — which said Inglesino committed an ethical violation when he spoke up about his job at a meeting, advising the council about a matter where he has a financial interest.

But Barberio shot down that move, saying Inglesino would not be removed without proper notice. Under Parsippany's form of government, the mayor nominates a township attorney, and the council confirms the post. But since Parsippany's council hasn't yet agreed to do so, Inglesino's been continuing as a holdover from his previous appointment.

Carifi then made a motion to direct the clerk to file ethics complaints against Inglesino, a move that passed by a 3-2 vote.

A separate resolution read by Valori, alleged Inglesino acted in violation of the township's pay-to-play ordinance, saying that state Sen. Kevin O'Toole made a $5,000 contribution to Barberio's campaign, and then the lawyer and his firm — Wyciskala & Taylor LLC, formerly Inglesino, Pearlman, Wyciskala & Taylor LLC — made several contributions to O'Toole's campaign amounting to $5,000.

The resolution received a 3-2 vote and passed the council, to be forwarded to the Department of Community Affairs, Local Government Services; to the Office of State Comptroller; and the Attorney Ethics Disciplinary Review Board.

According to Valori and Carifi, on March 19, 2013, Inglesino made a $300 contribution to O'Toole, Steve Pearlman made $1,567 contribution, John Wycizkala made a $1,567 contribution and Lisa Taylor made a $1,566.

Those contributions by members of the law firm Wyciskala & Taylor LLC (formerly Inglesino, Pearlman, Wyciskala & Taylor LLC) add up to $5,000, the councilmen say, and offset a $5,000 contribution O'Toole made to the Friends of Jamie Barberio on March 4, 2013.

"The timing and amount of the aforesaid contributions create an irrefutable presumption that the contributions were in exchange for one another, in direct violation of the pay to play ordinance," Valori said Tuesday, reading from the proposed resolution.

O'Toole was unavailable for comment Wednesday, but Chief of Staff Al Barlas said the the allegations were false.

"The senator has been a well-known contributor to Republican candidates and cause throughout the entire state. He's probably one of the more generous members of the Legislature," Barlas said. "Last year, he gave about $200,000 to candidates up and down the state and Republican causes. The senator and Mayor Barberio have been friends for a while. The mayor has attended the senator's events in the past. They speak periodically when they mayor has questions about government and public policy and needs a sounding board."

Barlas said O'Toole has given more than $10,000 to Barberio.

"If there are pay-to-play issues in Parsippany, we don't know about them — we don't deal with it," Barlas said.

Barlas said O'Toole and Barberio developed their relationship shortly after the senator's district took in a couple of Morris County towns, and the senator got to know the local officials.

Barberio called the councilmen's claims "bizarre," and said Tuesday was the first he had heard of them.

"It's ridiculous and further shows the conflict they have voting on Mr. Inglesino," he said. "They continue their obsession of revenge. Hopefully, we can start working together and do what is right for our town and its wonderful people."

Inglesio said Tuesday night that the resolution made factual allegations that were untrue.

"I find this to be very disappointing to say the least," he said. "It's inappropriate. It's an untrue allegation."

Inglesino said Carifi was upset with him because of the township's lawsuit against Carifi's brother.

"I'm a pretty principled person," Inglesino said. "I do the right thing because it's the right thing to do. I know that I am representing the township concerning a matter regarding council president's brother and some serious allegations. I understand he's upset with me about that. It's unfortunate I am being treated in this way for doing my job for the people. I appreciate the mayor's confidence. With his confidence and his trust I will continue in this position." BEGIN RELATED LINKS

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Inglesino's been a familiar name in Morris County and state politics for years. He's a former freeholder, as well as a fundraiser for and friend of the governor (who also served on the county freeholder board). In 2012, Christie — who endorsed Barberio last year and previously swore the mayor in for his first term — appointed Inglesino to the state's Education Funding Task Force. Inglesino was named one of the Top 100 "powerful people" in New Jersey by Politicker NJ for 2013. He's planning board attorney for Morristown and Florham Park, special counsel to Lopatcong and Rahway, and is general counsel to the Morris County Insurance Fund.

Council President Carifi and Councilman Valori — trying to oust Inglesino — said in a statement last week 1099 forms show Inglesino has received about $3 million in payments since taking his post in Parsippany in 2010.

But Barberio said this week that figure is wrong — and said the figures the councilmen cited include money from a trust account used to acquire flooded properties. He said Inglesino's firm has actually billed the township an average of under $500,000 a year for each of the four years he's held the township attorney post.

Inglesino and the councilmen seeking his ouster have an uncomfortable history — and its bearing on whether he can continue as attorney is currently a matter of dispute.

Last year, Valori accused Barberio, Inglesino and former council president Brian Stanton of offering to create for him a $50,000 a year township job so that he would not run in the township's GOP primary. Valori last year ran for and won a council seat on the same ticket as Carifi, who unsuccessfully challenged Barberio for the mayoral seat in the primary.

Valori secretly recorded his meeting with the other officials, in which they can be heard discussing a potential job. But Barberio later said no job was ultimately offered, and no political bribery was involved.

The Somerset County Prosecutor's Office ultimately decided criminal charges would not be filed, and no further investigation was warranted after conducting various interviews and reviews of documents.

Carifi's brother, retiring police Capt. James Carifi, is in contentious litigation with the township, which is represented by Inglesino. He maintains the township is unfairly denying him access to his nearly $110,000 annual pension and nearly $370,000 in unused time off — which he can only get if he retired in good standing. The township alleges he stole 960,000 electronic police department documents on the way out, deleting the copies on municipal servers along the way

Barberio, citing a legal opinion from the township's conflict attorney, has said that history means the two councilmen shouldn't be able to vote on whether Inglesino continues in the township post. The councilmen, sighting the Bernstein letter, say if any conflicts exist, it's up to Inglesino to step aside, not them.

Correction: This article previously incorrectly stated one of the resolutions did not pass the council. Both resolutions passed the council 3-2.

