McCann: BOE laywer says law's on my side

Tuesday, August 14, 2007
By KEN THORBOURNE
JOURNAL STAFF WRITER

The Jersey City Board of Education's top attorney apparently believes taxpayers are on the hook to pay $56,000 in legal and private investigator bills school board member Gerald McCann piled up defending his election to the board in April.

McCann demanded the board pay his expenses last month, arguing that as a board member, state law "indemnifies" him "in the course of the performance of his duties."

McCann was a sworn board member when School 28 parent Jenny Garcia challenged his 21-vote victory over her on the grounds he "coerced" nearly 300 "incompetent or otherwise elderly and ill" residents at four nursing homes to vote for him via absentee ballot. Garcia eventually dropped the case.

In his letter to the board, McCann cited a 1979 case in which the Jersey City board paid legal bills for two board members whose status as board members were successfully challenged.

"She told me weeks ago she checked it extensively and found no legal authority not to pay the bills," said McCann's attorney, Mark Curtis, referring to Board of Education General Counsel Charlotte Kitler. "She said it would be put on Aug. 30 (board) meeting and to be patient."

Kitler said yesterday she wouldn't comment publicly until she meets met with board members later in the month.

But board chairman William DeRosa confirmed Kitler was "leaning" toward paying the bills.

And former mayor and chair of the board's legal committee Anthony Cucci said a conversation he had with Kitler left him slack-jawed.

"She (Kitler) said this may cost us a lot more to fight it and maybe we're better off paying," said Cucci, an old political rival of McCann's. "I said, 'You're telling me the integrity of law comes down to which is cheaper.' I didn't get an answer (from Kitler)."

Kitler couldn't be reached last night to respond.

McCann insisted yesterday his intention isn't to saddle taxpayers with this bill. He said the board should sue Garcia and the forces behind her lawsuit to recoup the money. Garcia, who couldn't be reached to comment last night, was endorsed by Jersey City Mayor Jerramiah Healy, Hudson County Executive Thomas DeGise, and the teachers union.