Disappointed

Trenton City Council held a special meeting Tuesday night. The purpose of the meeting was to present publicly the legal process for filling any vacant elected offices (council or mayor).

The meeting was relatively brief, under an hour. The information was presented, council was provided an opportunity to raise any questions (they had none) and then members of the audience were invited to ask questions.

Despite reports last week of errors in the way the city legal department described the process to council in advance of the meeting, the information provided tonight was correct.

In short:

• If a vacancy occurs in a council position, the remainder of the governing body appoints a replacement by a majority vote. 
• If a vacancy occurs in the office of mayor, the council president becomes the acting mayor until the body appoints a replacement.
• In either case, if the vacancy occurs prior to September 1 of the final year of the term, a special election is scheduled for the next general or municipal election, whichever comes first.
• If a vacancy occurs after September 1, the appointee completes the term; no special election is required.

There were some good questions raised by members of the public tonight.

 

Q: Who can be appointed? A: Anyone who is legally qualified to hold the seat. Not just a member of council or the administration.

Q. What constitutes a majority vote on an appointment? A. Four votes out of the seven possible (in the case of a tie in voting for a replacement council member, the mayor may vote).

A little trickier question was about whether there would be an open process of soliciting names and resumes of those interested in filling any future vacancies and just how that process might be handled.

The council president promised as open and transparent a process as the law allows and an open call for submissions from interested parties. The law director rightfully pointed out that criteria for evaluating the submissions would need to be agreed upon by the governing body and made known to the public.

All well and good. Moreover, the proceedings went better, largely, than one might have expected after reading of the earlier confusion over the actual process.

What was unsettling, though, were questions raised about whether or not members of city council had been approached about securing their votes for one particular individual or another to be appointed mayor in case of a vacancy.

The reason for the line of questioning was a obvious belief that some sort of back room deal had already been made on just who council would appoint to fill a vacancy in the office of mayor.

The political climate in Trenton has long fostered an abundance of conspiracy theories. One could suppose it is a natural by-product of politics.

However, if this is the tone the upcoming campaign is going to take than we have a big problem.

Trenton is in crisis. We need competent, steady leadership. We do not need another thin-skinned, suspicious, administration. We need to build coalitions and to include all segments of the population. We can no longer afford to discount or disparage others simply because they are rivals or challengers.

It is a given that candidates cannot absolutely control what their supporters say and do, but they can make an effort or distance themselves from those who won’t behave civilly.

There is no room for the accusatory challenges launched from the podium tonight. Nor is there cause for the commentary passed between various members of the audience. That kind of behavior is not going to save Trenton. It is only going to send us further along the road to dysfunction and divisiveness.

If you are going to campaign through innuendo and rumor, you are not going to win a lot of votes. And you are not going to help Trenton.

It would benefit us all if candidates and their supporters would keep their conspiracy theories to themselves unless and until they have very credible evidence to back up their assertions. Failing to do so will not only hurt their chances of obtaining the goal they seek, it will severely inhibit the city’s ability to move out of these troubled times and onto recovery.

Isn't the whole idea for us to be better, do better than our recent history indicates we are?

A lesson to be learned

The recent bribery trial of Hamilton Mayor John Bencivengo continues to send ripples through the normally placid pond of township politics.  Bencivengo rightfully resigned one day after a federal jury convicted him on all counts of accepting money in exchange for offering his political influence. 

Filling the vacancy created by the resignation has caused lawyers to examine and re-examine state law to ensure proper process is followed. At the same time, it has generated its own set of controversy and questions.

Under the Mayor/Council form of government the presiding officer of the municipal governing body (council president) assumes the duties of mayor immediately upon the vacancy of the office.

The governing body then has 30 days to appoint an acting mayor to hold the office until a special election can be held to choose a replacement to complete the term. If the vacancy comes after a certain point in the final year of the term, the acting mayor chosen by the governing body completes the remainder of the term (no special election held).

In the case of municipalities with partisan elections, such as Hamilton, the party whose nominee held the vacated seat (the GOP in the current example) has 15 days from the creation of the vacancy to submit three names to the governing body to consider for the appointment as acting mayor. In municipalities with non-partisan elections, the governing body selects the individuals for consideration.

Watching the second act of this political soap opera is not just about the entertainment value. Sure, it offers us lots of opportunity for sarcasm and snarky comments. It also provides a valuable lesson in why we must all get involved in carefully vetting and choosing our elected leaders.

For Trentonians who have already learned the hardships of making poor choices in leadership it provides a very real case study of what we may ourselves be going through in a few months time.  Should Mayor Mack be indicted, go to trial and be convicted, our city will be faced with the very same scenario, but with some complicating twists of our own making.

The elevation of the council president to acting mayor upon the vacancy of the office will most likely set off a pyrotechnic display not witnessed in Trenton since Dec. 26, 1776. Any decision made by the person assuming the mayor’s chair is likely to be questioned/challenged by the governing body, the members of which can rarely agree on what day of the week it is let alone actions to be taken. (Example from Hamilton: the dismissal of Business Administrator John Ricci by acting Mayor Kevin Mears is generating comments and criticisms according to press reports).

Complicating matters will be the oversight on hiring and firing granted the DCA via the state aid MOU. No mayor of Trenton, acting or elected, currently enjoys a free hand in making key personnel decisions such as department directors and the business administrator. There are, however, other appointed (non-contractual) employees who could be, and probably should be, immediately dismissed by any acting mayor.

The selection of a replacement mayor, whether temporarily until a special election is held or to complete the remainder of the current term, will be the real battle.

Who will guide the process?

Our governing body is short on experience and, in some individual cases, completely void of comprehension of their rights and responsibilities.

The legal department, also short on knowledge and experience with municipal law, has to date not been particular assertive in matters of technicalities.

The deliberation over who should be appointed acting mayor will likely be a comedy of errors and omissions. With no local party committee to winnow down the choices to three, any and all interested and legally qualified parties will have to be given their due before a group of finalists are put up to a vote.

There are already two individuals who have filed with NJ ELEC to run for the office of mayor in 2014, a third has announced an exploratory committee and at least a fourth who has previously expressed an interest in running. That list does not include any sitting council members who may be eyeing “the big chair.”  

How many more names might be tossed into the hat? How will individual loyalties and personal plans of members of council figure in the decision making?

Can we expect a smooth, orderly and proper decision to be made by at least five members of a governing body that has been largely stalemated on any major initiative over the past 27 months?

What will happen to the “business” of the city while the above battle is fought? For over two years the city has been adrift due to the incompetency of the Mack administration, the inexperience of the governing body and the inability of the two branches of government to get the simplest things done (remember the toilet paper crisis of last spring?)

The events of the past couple of years in Trenton and Hamilton show just why it is so important for all voters to actively participate in the election process. Researching the background, experience and qualifications of all candidates before heading into the voting booth is the beginning. Keeping elected officials accountable and our government transparent is equally important.

If we want better government, we all need to be better citizens. Otherwise, we are likely to see repeats of the disasters we are living through right now.