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RESOLUTION REASSIGNING THE REPRESENTATION OF NICOLE STASO IN THE MATTER OF TYSHONA KENNEDY V. COUNTY OF PASSAIC, ET AL., DOCKET NO. PAS-L-822-22, Schenck, Price, Smith & King, LLP, PURSUANT TO N.J.S.A. 40A:11-5 AND RFQ-26-067.
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WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the County and its employees are named defendants in Tyshona Kennedy v. County of Passaic, et al., PAS-L-822-22, a matter pending in New Jersey Superior Court, requiring retention of outside legal counsel; and
WHEREAS, on April 26, 2022, the Board passed Resolution No. R-22-0331, retaining Lum Drasco & Positan, LLC to provide legal representation for Nicole Staso in the above-captioned matter, for an amount not to exceed seventy-five thousand dollars ($75,000.00); and
WHEREAS, Lum Drasco & Positan, LLC, recently wound down their operations, and County Counsel has been informed that the attorney handling the representation of Nicole Staso in the Kennedy matter has joined the law firm of Schenck, Price, Smith & King, LLP; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, on March 2, 2026, the Passaic County Purchasing Agent issued RFQ-26-067, Expand Pool Outside Legal Counsel (“RFQ-26-067”), seeking to expand the pool of law firms qualified to provide outside legal services to the County in calendar year 2026; and
WHEREAS, on March 24, 2026, the Board passed Resolution No. R-26-0211, expanding the pool of outside legal counsel qualified to be hired for calendar year 2026 on an as-needed basis and as recommended by the Passaic County Counsel, which included Schenck, Price, Smith & King, LLP; and
WHEREAS, the Passaic County Counsel is recommending the retention of Schenck, Price, Smith & King, LLP, to represent Nicole Staso in the Kennedy matter, as the attorney previously representing Ms. Staso is now affiliated with this firm; and
WHEREAS, pursuant to N.J.S.A. 52:32-60.1, et seq., Schenck, Price, Smith & King, LLP, executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying the law firm is not involved in prohibited activities in Russia and Belarus, and the County confirmed that Schenck, Price, Smith & King, LLP is not identified on the Specially Designated Nationals and Blocked Persons list created by the Office of Foreign Assets Control; and
WHEREAS, funds are available in Account No. T-19-56-850-000-801, or any account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2026 and/or subsequent County budget(s), which is attached hereto and made part of this Resolution; and
WHEREAS, this matter was presented to the Administration and Finance Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), the Board of County Commissioners of the County of Passaic reassigns the representation of Nicole Staso in Tyshona Kennedy v. County of Passaic, et al., PAS-L-822-22, to Schenck, Price, Smith & King, LLP, in accordance with the terms and conditions set forth in RFQ-26-067.
LET IT BE FURTHER RESOLVED, the Clerk to the Board shall publish on the Public Notices page of the County’s website, a brief notice stating the nature, duration, service, and amount of the contract to Schenck, Price, Smith & King, LLP, and maintain a copy of this Resolution on file and available for public inspection in the Office of the Clerk to the Board.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
NB April 14, 2026