Attorney’s bills, town’s payment get close look

Attorney’s bills, town’s
payment get close look

HOWELL — Planning Board attorney John Rihacek was asked earlier this month to reimburse the town $1,800 paid to him.

According to Township Manager Jacqueline Ascione, the reimbursement was requested when it was discovered that Rihacek had submitted billing twice for the same matter and had been paid twice.

Ascione said the billing dated back to a 1998 court appearance by Rihacek in a Planning Board matter.

According to Rihacek, there were "mistakes made that resulted in the accidental double billing."

Rihacek told the News Transcript that at the time of the submission of the two bills he had changed his letterhead and the two billing submissions made on the same day could be attributed to that switch. He also blamed Howell’s voucher system, which he called, "nontimely and the reason for the mistake."

According to Rihacek, "Every professional vendor who deals with Howell complains about the poor payment due to the voucher system in use there."

Rihacek claims there are some professionals who are no longer employed by Howell who are still awaiting long overdue payments. He said one professional is owed more than $40,000.

"It can take between six months and a year to get paid in Howell," he said.

Rihacek said when he paid back the $1,800 on Sept. 6, he was still owed $30,000 from previously submitted vouchers.

According to Rihacek, one time he was issued a check for $5,700 when he had submitted a voucher for $3,000. He said he put officials on notice about the problems with the voucher system when he returned that overpayment.

The attorney said he has threatened on occasion to sue the town because of the voucher system.

While accepting the explanation offered by Rihacek, who was his former campaign manager, Mayor Timothy J. Konopka said the voucher system cannot be blamed.

Konopka said bills submitted within a proscribed time period, which he recalled as being about 90 days, are paid in a timely manner. However, he said, bills submitted beyond that time period go on a "back burner and mistakes can occur."

Committeewoman Kimberly Alvarez told the News Transcript that after Ascione brought the matter of the overbilling to the Township Council’s attention, she was directed to "look back at other billing submitted by Mr. Rihacek."

Rihacek said he was requesting a review of all billing records.

The only comment offered by Jeffrey Filiatreault, Howell’s chief financial officer, on Rihacek’s claims about the town’s voucher system was, "I have no comment except to say let Mr. Rihacek rant and rave all he wants to."

In another matter relating to his function as Planning Board attorney, Rihacek is the defendant in an action brought against him by Planning Board member and former chairwoman Maria Portilla.

Portilla’s attorney, George Dougherty of Lawrenceville, would not comment on the litigation except to say that his client will do the talking in court.

According to papers filed with state Superior Court, Portilla is charging Rihacek with professional negligence, defamation and intentional infliction of emotional distress. The charges stem from a Planning Board matter that resulted in Portilla being represented by Rihacek in Superior Court, actions taken by him and statements made by him at that time and subsequent to the court appearance.

Rihacek declined to comment except to say that Howell has retained attorney Vincent Halleran of Freehold to represent him in the matter.