Washington Twp. Attorney Wants Employment Status Discussed in Public

The Washington Township Council has discussed the employment of township attorney Kenneth Poller in closed session at least two times since a report released by the state comptroller's office last year caused officials to question whether he counted as a full-time employee or a contractor.

The report found "widespread improper participation in the state pension system among attorneys and other professionals working as independent contractors for local governments."

The difference in terms decides whether or not Poller is entitled to benefits from the town.

Despite the closed session discussions, Poller said he had never received a Rice Notice, the form that public bodies are required to give their employees to alert them to discussions about their employment. The employees can elect to have the discussions held in public meetings.

Poller said Monday that he would choose to go public, prompting officials to remove an item from their closed session that night and to ask the township clerk to send a Rice Notice to Poller.

"I don't want these to be private," Poller said. "I want them to be public."

Council members previously said they were waiting for a ruling from the IRS on the issue. They also hired an attorney this year to investigate the status of an employee, and Poller said Monday he had been contacted for a report on the issue, but had not yet seen the results.

"I feel uncomfortable with all of the secret reports," Poller said.

Gary Vinci, the township's auditor, previously said that an IRS agent had told him that Poller likely would count as a full-time employee, but the decision was not official. Poller said he had also checked with the IRS and received the same response.

The issue will likely be discussed at their next meeting on June 24.

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