The city council had alleged that Mayor Dwayne Warren intended to "circumvent" the law when he appointed his former campaign manager Willis Edwards III as deputy business administrator in 2012
Editor's note: This post has been updated with details from the official legal settlement.
ORANGE - More than two years after being ordered to vacate his position, former Assemblyman Willis Edwards III and the Orange city council have agreed to resolve their long-simmering lawsuit over his appointment as business administrator.
In an interview Friday morning, Edwards said he had agreed to change his title to director of the office of budget management policy/assistant business administrator - a job created under a 1985 ordinance that is authorized to serve as business administrator if the position is vacant.
"I'm happy that we have finally resolved this matter and we can focus on moving forward," Edwards said.
EdwardsAccording to a copy of the legal settlement obtained by NJ Advance Media, he will be paid an annual salary of $8,250 until Nov. 2, at which point he will leave the post.
In exchange, Edwards, Warren and the council have all agreed to drop all legal claims against each other. Edwards may not seek reemployment in the business administrator's office unless "lawfully appointed" to the position, but will not be banned from public employment in the city.
The new position does not require council approval, putting to rest the executive board's allegations that Warren broke the law when he appointed Edwards as deputy business administrator after they voted not to appoint him to a permanent post in the office in 2012.
The council filed suit in Essex County Superior Court in March 2013, alleging that the deputy job provided Edwards with the same powers they had declined to provide him, and that Warren had "clearly intended to circumvent the Council and the law."
The following month, Essex County Superior Court Judge Siobhan A. Teare sided with the council, saying that a deputy director position could not exist in the absence of an actual departmental director to serve under, and ordered Edwards to vacate the post.
Edwards, who managed Warren's successful 2012 mayoral campaign, remained on the city payroll, being named the mayor's chief of staff - sparking new legal wrangling. At one point, Teare ordered that the city be fined $1,000 per day until it handed over documents about Edwards' salary and job description - though order was vacated after the city complied.
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Council President April Gaunt-Butler said she was relieved to have the suit come to an end, and hoped the outcome showed residents that city government was committed to transparency and respect for the law.
"It is really important for us to follow proper protocol when it comes to our hiring practice in the city of Orange," she said. "We just have to follow the rules."
Robert Tarver Jr., who had been representing the council, could not immediately be reached for comment.
Edwards, who remains listed as business administrator on the city's website said he held no animosity toward the council, and that he considered the entire dispute a misunderstanding based on Warren's choice of the word "deputy" in his title.
"When the mayor said deputy, it was a play on words. He should have just said assistant administrator," he said.
State pension records indicate Edwards earned $143,757 last year. He declined to say whether his new title would come with a change in salary.
Warren issued a statement confirming the lawsuit had been resolved and saying he looked forward to continuing "the great work we're doing here in Orange." It is unclear if or when he intends to name a permanent business administrator.
Councilman Kerry Coley, who has publicly battled with Warren and is rumored to be prepping a run to unseat him next year, said he was happy to have the suit resolved, but was still cautious about whether the agreement would be adhered to.
"I hope that Willis and the mayor will comply with the court order. But if not, I guess we'll be back in court again," he said.
Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.
