Boys and girls, remember that if you grow up to become a party chairperson and you convene a meeting to fill a vacancy on the City Council,
MAKE SURE THERE IS A VACANCY FIRST!
A meeting to decide on three nominees to replace Councilwoman and Freeholder-elect Linda Carter was called off for that very reason - she had not yet resigned her council seat, therefore there was no vacancy to fill. In days to come, I'm sure that oversight will be rectified.
NJSA 40A:16-11. Appointment to fill vacancy where incumbent was nominee of a political party; time to fill vacancy
40A:16-11. Appointment to fill vacancy where incumbent was nominee of a political party; time to fill vacancy. If the incumbent whose office has become vacant was elected to office as the nominee of a political party, the municipal committee of the political party of which the incumbent was the nominee shall, no later than 15 days after the occurrence of the vacancy, present to the governing body the names of three nominees for the selection of a successor to fill the vacancy. The governing body shall, within 30 days after the occurrence of the vacancy, appoint one of the nominees as the successor to fill the vacancy. If the governing body fails to appoint one of the nominees within the time prescribed herein, the municipal committee that named the three nominees shall, within the next 15 days, appoint one of the nominees as the successor to fill the vacancy, and such person shall be sworn in immediately. If the municipal committee which nominated the incumbent fails to submit the names of the nominees within the time prescribed herein, the governing body may, within the next 15 days, fill the vacancy by the appointment of a successor from the same political party which had nominated the incumbent whose office has become vacant.
If, on the effective date of this act, the governing body had previously received from the municipal committee the names of three nominees to fill any such vacancy and had not filled the vacancy, the governing body, within 30 days after the effective date of this act, shall appoint one of the nominees as the successor to fill the vacancy.
L.1979, c.83, s.1; amended 1980,c.101,s.3; 1990,c.57,s.1.
Subscribe to:
Post Comments (Atom)
I see nothing in the text you presented that would have prevented a meeting to put forward names of possible replacements. The law seems to only address the time frame after the resignation has been received, not before. I sent a reply to Mr. Green asking who was the council that advised him, but alas he neither published it or offered a response, is this typical of Mr. Green?
ReplyDeleteLinda Carter has a year left in her term. She has to resign formally by Jan. 1, because she can't hold two offices. Until she resigns, there is no vacancy.
ReplyDelete