Sussex County authorizes director to retain Keith Law Firm to join multi-county PFAS challenge

Sussex County commissioners voted to authorize the county director to sign a contingent‑fee retainer agreement with the Keith Law Firm so the county can join 18 other New Jersey counties in litigation challenging a New Jersey Attorney General decision affecting the state's $3 million PFAS settlement.

An unidentified speaker read the resolution, saying the authorization would allow the director "to sign a contingent fee retainer agreement with the Keith Law Firm to join 18 other New Jersey counties in litigation against the New Jersey Attorney General's decision to supersede the state's $3 million PFAS settlement money and leave Douglas and London agreement if legally advisable." The transcript uses the phrase "Douglas and London agreement"; the record does not clarify whether that is the formal name of a consent agreement or another document.

The presiding officer asked for a motion to adopt the resolution. The transcript does not clearly identify who moved; a second was recorded and Commissioner deGroot was named during the motion/second sequence. The presiding officer ordered a roll call. Commissioner Henderson is recorded as voting "Yes"; the transcript shows three affirmative roll‑call responses and indicates the resolution was adopted.

The resolution authorizes a contingent‑fee arrangement rather than specifying an up‑front payment or budget appropriation in the recorded discussion; the transcript does not state the fee percentage, the maximum fee, or whether county funds would be used pending recovery. The document as read instructs the county director to sign the agreement "if legally advisable."

County officials did not elaborate on the specific legal basis for joining the litigation in the on‑record remarks, nor did the transcript record any public commentary or extended debate about fiscal implications, potential costs to taxpayers, or the timeline for possible litigation. The transcript also does not identify the county director by name in the recorded exchange.

After the roll call on the resolution, commissioners moved to adjourn. Commissioner Silverthorn moved to adjourn and Commissioner Carney seconded; a voice vote of "Aye" was recorded and the meeting was adjourned.

Next steps recorded in the transcript: the director was authorized to execute the contingent‑fee retainer if counsel and county counsel determine it is legally advisable. The transcript does not record any deadline for that decision or any further required approvals.