![\"\"](\"http:\/\/hudsoncountyview.com\/wp-content\/uploads\/2026\/03\/Jersey-City-Council.png\")
<\/a>Screenshot via Microsoft Teams.<\/p>\nBy Daniel Ulloa\/Hudson County View<\/p>\n
\u201cI just want to understand the consequences of a no vote or abstention,\u201d Ward D Councilperson Jake Ephros asked.<\/p>\n
\u201cThe city has a legal obligation to obtain representation \u2026 for city employees and officers who are sued for conduct in their official business,\u201d began Corporation Counsel Sarah Levine.<\/p>\n
She continued that the city itself cannot represent employees, including police officers, which is why outside counsel is necessary in situations such as this one.<\/p>\n
\u201cIn this case, there are two separate officers with whom the city has a legal conflict because the city\u2019s interest, the city\u2019s legal position, could diverge from the officers. The officers are separately situated from each others,\u201d Levine added.<\/p>\n
\u201c \u2026 We have a legal obligation to represent these two officers. If we fail to, they could sue the city, and they would likely prevail.\u201d<\/p>\n
Ephros asked why there were two resolutions to hire two different firms to defend two different officers, to which Levin noted they are defendants in the same case, where Washington\u2019s family is suing the police department and the city.<\/p>\n
\u201cThese are defendants in the same case,\u201d Levine said.<\/p>\n
\u201cIf we were to refuse to provide them legal representation \u2026 it would essentially be gifting the officers money. Is that your assessment?\u201d Ward E Councilwoman Elena Little questioned.<\/p>\n
Levine replied that they would have a legitimate case to recoup the costs of legal representation, later noting it is a state mandate to provide municipal employees counsel but it\u2019s to the governing body to cast their votes as they see fit.<\/p>\n
\u201cIf we get to a point where no agreement or settlement can be reached and we go to court and the plaintiffs win \u2026 at what point does the onus fall back on them?\u201d Ward F Councilperson Frank \u201cEducational\u201d Gilmore asked.<\/p>\n
\u201cThis is a very thorny legal question \u2026 There are no clear lines on this issue,\u201d Levine said.<\/p>\n
\u201cLet\u2019s say an officer is involved in the infraction \u2026 are we still on the hook for representation?\u201d Gilmore asked.<\/p>\n
\u201cThat\u2019s correct,\u201d Levine said<\/p>\n
Gilmore further questioned if that would still apply in a situation where an officer is terminated, to which Levine said those are very specific circumstances that are rarely seen.<\/p>\n
\u201cThe city is still defending them actively right?\u201d Ward C Councilman Tom Zuppa, a former assistant Hudson County prosecutor, asked.<\/p>\n
\u201cThe city is still defending itself as well as all of the other officers who do not have conflicts with the city\u2019s interests. It is just the two officers who are named defendants who do have specific conflicts who we\u2019re engaging outside counsel for,\u201d Levine explained.<\/p>\n
Zuppa felt the rates of $225 an hour not to exceed $65,000 were a bit high and therefore should be brought down.<\/p>\n
\u201cIn my experience,\u00a0 these attorneys are going to piggyback off everything the city does as lead counsel \u2026 and double up their work. Could you speak to that please?\u201d he inquired.<\/p>\n
\u201cThis is not a back door for these firms to provide additional services \u2026This hourly rate and this number of hours is what is necessary for this contract,\u201d Levine responded, noted the rates had been negotiated down to a best case scenario.<\/p>\n
She added that getting attorneys to take the case was difficult since the matter had garnered national attention and is being litigated in federal court.<\/p>\n
Washington was killed on August 27th, 2023 after his family called for help while he was in the midst of a mental health crisis. Then-Police Officer Stephen Gigante fatally shot him after he approached officers with a knife.<\/p>\n
His sister, Courtnie Washington, filed a lawsuit about a year later, claiming that the situation was \u201centirely preventable<\/a>,\u201d while a state grand jury determined that the officers did not commit any criminal wrongdoing in April 2025, as HCV first reported<\/a>.<\/p>\n Pending council approval, he would be represented by Cedar Grove-based O\u2019Toole Scrivo, LLC<\/a>, where Port Authority Chair Kevin O\u2019Toole is a managing partner.<\/p>\n