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sbenois
Supporter
Username: Sbenois

Post Number: 15661
Registered: 10-2001


Posted on Thursday, August 31, 2006 - 9:41 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Does anyone have any recollection as to how the committee studying the change of government (the vote for our own Mayor drive) was formed? Is it a private initiative or was it authorized by the TC?

I see in the N-R today that they're getting ready to make a presentation to the TC and I'm curious to know if it's just private citizens doing it or if they walk in with some mandate to have performed the review.
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Nohero
Supporter
Username: Nohero

Post Number: 5779
Registered: 10-1999


Posted on Thursday, August 31, 2006 - 10:01 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

As I recall, this was not an official committee formed by the Township Committee. It's a group that came together to study the issue, I believe around the time Mr. Profeta commented on the issue at or before the January 1 reorganization meeting this year. Members of the Township Committee did meet with them, as part of this study process.

Here on the message board, we had a lively discussion about it this past January (the conversation took a detour into kosher foods, but it eventually got back on track):

/discus/messages/3132/98928.html?1138414283

As I wrote at the time, the "Vote for your own Mayor" question is kind of a misnomer. The real issue is whether the Township Committee form of government (where the five elected members choose one of their own as the chair, with the title of Mayor) should be replaced by another form of government. Personally, I don't see why that should be, but I'm interested in seeing the comments of the study group.
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sbenois
Supporter
Username: Sbenois

Post Number: 15662
Registered: 10-2001


Posted on Thursday, August 31, 2006 - 10:16 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

So how does this work? If, after the presentation, 3 members of the TC decide that they want to move forward, they would vote to place a question on the ballot in November?

Got my answer.

So this group was not a Charter Commission formed by ordinance - rather, it was just a private group?

If so, what are the next steps if they have something worthwhile? Appointment of a Charter Commission if 3 votes go for it?

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Nohero
Supporter
Username: Nohero

Post Number: 5781
Registered: 10-1999


Posted on Thursday, August 31, 2006 - 11:15 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I don't believe that the Township Committee can appoint an official Charter Study Commission. I think the options are:
  • An ordinance to hold an election for a charter study commission; or
  • A petition to hold an election for a charter study commission; or
  • A petition proposing a specific, new form of government, on which an election would be held.
The petitions would require the signatures of 20 percent of the registered voters of Maplewood.

Interestingly enough, under state law, if a petition is filed or an ordinance is pending to propose a change in the form of government, a joint municipal consolidation study commission (such as the one being discussed at this link) cannot be formed.
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sbenois
Supporter
Username: Sbenois

Post Number: 15664
Registered: 10-2001


Posted on Thursday, August 31, 2006 - 11:56 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Exactly the reason why I was asking.

I happened to be reading the statutes this morning and stumbled onto the wording related to when a Study Commission may NOT be formed and one of the triggers is when a proceeding is in place to change the form of government.


Quote:

40:43-66.61. Circumstances where commission cannot be created. No ordinance or resolution may be adopted and no petition may be filed for the creation of a joint municipal consolidation study commission pursuant to sections 5 and 6 of this act while proceedings are pending under any other petition filed or ordinance adopted pursuant to the provisions of the "Optional Municipal Charter Law" or any other general law relating to a change in the form of government in any of the participating municipalities. No ordinance or resolution may be adopted and no petition may be filed for the creation of such a commission pursuant to the provisions of this act within four years after the date on which the question of consolidation has been submitted to the voters pursuant to section 25 of this act; provided, however, that the adoption of an ordinance or resolution or the filing of a petition and the holding of any referendum thereafter under the provisions of the "Optional Municipal Charter Law" or other general law relating to a change in the form of government in any of the participating municipalities, if such proceedings have been completed, shall not preclude the participating municipalities from proceeding under the provisions of this act notwithstanding the fact that four years may not have expired since the completion of said proceedings.




Next up is checking whether the converse holds true under the Faulkner Act.



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sbenois
Supporter
Username: Sbenois

Post Number: 15665
Registered: 10-2001


Posted on Thursday, August 31, 2006 - 12:02 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)


Quote:

40:69A-17. Concurrent resolution or petition forbidden; four years limitation. No ordinance may be passed and no petition may be filed for the election of a charter commission pursuant to section 1-1 of this act [40:69A-1] while proceedings are pending under any other petition or ordinance filed or passed under article 1 of this act [40:69A-1 to 40:69A-25], or while proceedings are pending pursuant to section 1-18 hereof [40:69A-18] or any other statute providing for the adoption of any other charter or form of government available to the municipality, nor within four years after an election shall have been held pursuant to any such ordinance or petition passed or filed pursuant to section 1-1 hereof.





Quote:

40:69A-21. Concurrent petition forbidden; four years limitation. No petition for submission of the question of adopting an optional plan of government pursuant to section 1-18 et seq. of this act [40:69A-18 et seq.] may be filed while proceedings are pending pursuant to another such petition, or under an ordinance passed or petition filed pursuant to section 1-1 of this act [40:69A-1], or while proceedings are pending pursuant to any other statute for the adoption of any other charter or form of government available to the municipality, nor within four years after an election shall have been held pursuant to any such petition filed pursuant to section 1-18 et seq. of this act.




Hmmmmmmmmmmmmmmmmmm.
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Nohero
Supporter
Username: Nohero

Post Number: 5782
Registered: 10-1999


Posted on Thursday, August 31, 2006 - 12:04 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I don't believe there is a corresponding provision in the Faulkner Act. I suppose those sections you note could be read to include the Consolidation Law as well, but that's not clear. The provisions you note were last amended in the 1950s, predating the current consolidation law, which is from the 1970s.
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sbenois
Supporter
Username: Sbenois

Post Number: 15666
Registered: 10-2001


Posted on Thursday, August 31, 2006 - 12:13 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Wouldn't an accepted, filed petition for a Study Commission reviewing the merging of the two towns be considered "proceedings are pending pursuant to section 1-18 hereof [40:69A-18] or any other statute providing for the adoption of any other charter or form of government available to the municipality"?

I guess it depends upon the definition of charter?
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sbenois
Supporter
Username: Sbenois

Post Number: 15667
Registered: 10-2001


Posted on Thursday, August 31, 2006 - 12:37 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Hmmm, I wonder if the "hurry" related to the recent petition drive for the Study Commission had quite a bit to do with the sequencing of these two initiatives.

If the Form of Government issue had been pushed through in the TC first (perhaps by a 3-2 ordinance calling for an election of a Charter Commission), then the Consolidation Study would have been DOA - for both towns.


Makes for a good mystery novel.




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Joan
Supporter
Username: Joancrystal

Post Number: 8234
Registered: 5-2001
Posted on Thursday, August 31, 2006 - 1:04 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Hopefully. the TC is aware of possible ramifications of any decision they might make to officially move for a change in municipal government structure at this time. Has anyone brought these sections of the law to the attention of the township attorney or to the attorney presently serving on the TC?
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sbenois
Supporter
Username: Sbenois

Post Number: 15668
Registered: 10-2001


Posted on Thursday, August 31, 2006 - 1:16 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

We are only responsibile for the virtual government.
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Nohero
Supporter
Username: Nohero

Post Number: 5784
Registered: 10-1999


Posted on Thursday, August 31, 2006 - 1:22 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

But, Mr. S, isn't at least one of the potential "Yes" votes for a change in government, also collecting signatures for the Consolidation Study Referendum? How does that fit into your theory?
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Lydia
Supporter
Username: Lydial

Post Number: 2153
Registered: 5-2001
Posted on Thursday, August 31, 2006 - 5:28 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

S and Nohero -

theories aside for a sec - with all of the really big challenges facing Maplewood is this really the time to create another layer of government that will widen the exsisting hostilities between the 5 TC members?

Just what Maplewood needs, another election which will drain money and volunteers from "real" causes because our 5 elected officials can't get it together.

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sbenois
Supporter
Username: Sbenois

Post Number: 15670
Registered: 10-2001


Posted on Thursday, August 31, 2006 - 6:13 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

(no)

(how are you)

(I hope your summer has been a good one)
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Lydia
Supporter
Username: Lydial

Post Number: 2154
Registered: 5-2001
Posted on Thursday, August 31, 2006 - 6:42 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Summer has been loverly here - hope your summer was peachy too.

Back to the topic if I may. A little background about me - I love this town, I take my walks, I volunteer here and there, and I've dipped my toe into the politics and personalities that govern Maplewood once or twice.

When I support a candidate it's because I believe that s/he is a public servant, a person who puts the good of the many above his or her ego.

I'm disappointed in all of our commiteepeople and their willingness to put their petty personal aspirations (ie blind egos) before the good of the town.

It's become so fractious that real public servants aren't going to even consider putting their hands in the whirring fan blades of the TC.
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Nohero
Supporter
Username: Nohero

Post Number: 5786
Registered: 10-1999


Posted on Friday, September 1, 2006 - 8:45 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I agree, that we don't need either the change-the-form-of-government vote, or the consolidation-study-commission vote. I think the form of government we have is fine, and there are other (and better ways) to go about planning for shared services between the two towns, or with other towns as well.

I read the News-Record last night, and saw their editorial which suggested that both proposals could wind up on the ballot this year.

I wonder who provides information like this to the paper, especially since (as noted above) both proposals legally can't be on the same ballot.

Also, I wish the News-Record would realize that it's not just an issue of "electing the mayor" - it's an issue of fundamentally changing the form of government. For example, taking power which is currently exercised by all five members of the Township Committee, and placing it into the hands of a single individual. But that's a discussion for another day.
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sbenois
Supporter
Username: Sbenois

Post Number: 15672
Registered: 10-2001


Posted on Friday, September 1, 2006 - 8:53 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

By the way, to answer your question above, there would be no issue with an individual getting signatures for one and voting yes on another as long as the proper sequence was followed.

The statute says "no petition may be filed". So once it's filed, a subsequent yes vote on moving the Form of Government issue forward would seemingly be okay.
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Nohero
Supporter
Username: Nohero

Post Number: 5787
Registered: 10-1999


Posted on Friday, September 1, 2006 - 9:00 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

That may be debateable.

More to the point, I hope our government officials don’t try to get both issues onto the same ballot. They are both very serious matters, that propose two very different courses of action in terms of reorganizing the Township’s government.

If shared services is the urgent priority, then discussions about changing the form of government can be put aside for another day.
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sbenois
Supporter
Username: Sbenois

Post Number: 15673
Registered: 10-2001


Posted on Friday, September 1, 2006 - 9:14 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Can we put both of them aside for another day? Or year? Or decade?

And in other news that IS important: Mr. Miller has resigned from the BOE.
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fredprofeta
Citizen
Username: Fredprofeta

Post Number: 132
Registered: 10-2001
Posted on Friday, September 1, 2006 - 9:25 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Nohero - our government officials will not try to get both issues onto the same ballot.

Any citizen initiative to put a form of government issue on the November 2006 ballot would require about 2,800 signatures before 9/8.

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Nohero
Supporter
Username: Nohero

Post Number: 5788
Registered: 10-1999


Posted on Friday, September 1, 2006 - 9:27 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

"Can we put both of them aside for another day?"
Yes.
"Or year?"
Yes.
"Or decade?"
I can't plan that far ahead, but it's not a bad suggestion.

As for the other, important news - Yes, that is extremely important.

Maybe Dave can uncomplicate the Education topic (or, at least, update the titles of the sub-topics so that everything important doesn't have to wind up under "Informational Posts") so that can be discussed.
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anon
Supporter
Username: Anon

Post Number: 3025
Registered: 6-2002
Posted on Friday, September 1, 2006 - 9:06 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Mayor Profeta:

If the referendum to set up the Commission passes and the Commission begins to meet, doesn't that put the issue of changing the form of government on the back burner until the Commission issues its report?
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Joan
Supporter
Username: Joancrystal

Post Number: 8251
Registered: 5-2001
Posted on Saturday, September 2, 2006 - 6:27 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Anon:

If the Commission meets and a recommendation to consolidate with South Orange is approved by the electorate of both towns, won't the question of changing Maplewood's form of government be moot?
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anon
Supporter
Username: Anon

Post Number: 3030
Registered: 6-2002
Posted on Saturday, September 2, 2006 - 5:01 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Joan:

I would think so. That's why I asked my question. If the referendum is approved and the Commission selected and seated there would seem to be no sense in continuing to study a revision of the form of government. But you and I may be missing something so I hope the Mayor will clarify this.

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