Sunday, August 7, 2005
Suburban Trends
BY CAROL FLETCHER
Staff Writer
A race between a Republican backed petition to change the form of government and a new law passed by opposing Democrats to stymie it might end in a dilemma.
No one is sure what would happen on Aug 25, if the petition seeldng a November ballot question for the change gets enough signatures by the time the new law goes into effect. The new law would post a similar ballot question allowing residents to explore other forms of government first.
"I have no idea as to what would happen and would say that's an interesting question for a judge" said Robert Casey, a municipal government expert who recently spoke at a public meeting.
A municipal charter law says a "passed" ordinance for a November question overrules a similar direct petition question, but similar to Casey, Borough Manager Ken Hetrick says it could be up for interpretation.
The dilemma might never occur if residents don't collect and turn into the borough the required roughly 1,630 signatures, or 20 percent of registered voters, by the day before the ordinance goes into effect, Aug. 24.
At issue is whether the borough should change its current form of government and if so, how. The petition is seeking a quick change through a November vote to directly elect a mayor with heavy enforcement powers.
Opposing Democrats say the borough's current form with a powerful council and borough manager, but only a ceremonial mayor, has worked well. Repubhcans only want to regain power, they say.
To stymie the petition's potential goal the Democrats passed an ordinance to post a two-part question in November on whether residents want a charter study commission to explore if and how the current form of govemment should be changed.
List Tuesday night's public hearing on the ordinance attracted only a small turnout for what has been a heated topic.
"My opinion is that our rights as petitioners are being violated because the petition was shut down because this issue has turned purely political." said resident Milan Sabo, the sole voice opposing the ordinance.
"I have no problem with challenging and stopping this movement which I see as a recall said Councilman and Deputy Mayor Bill O'Hearn, in response, "and if you're going to apply for a recall than that's what you should go for and not call it a change in government!"
None of the five petitioners came to the hearing or to the recent informational meeting with Casey and another municipal government expert. Ihor Mulyk, one of the petitioners, said he couldn't attend because of his work schedule and other obligations. The new ordinance, he said, doesn't change anything for him.
"It's a roadblock they put up to make our jobs that much more difficult," he said, "but 1 think it will make us that much more passionate in what we do."
He said he is not a petitioner to help regain Republican power but to change what he feels is an ineffective form of government, even during a Republican majority.
"I feel like the system was broken under Republicans," said Mulyk. "Under the Democrats it's about to crack"
One directly elected mayor would be more effective and accountable to residents on issues than the current form's seven directly elected council members, Mulyk said.
If the majority of residents vote 'yes' in November to have a charter study commission to study changing the form of government, they must also simultaneously elect five people to serve on it.
Mulyk won't say for sure if he is considering running for a spot on the commission.
"I doubt it" he said. "I would have to consider with the wife before doing anything official"
Mulyk is expecting his third child around the same time and thinks it might get very political.
Set up like a local board with its own budget, rules and secretary, the commission first investigates the current form of government and then compares it to other forms for responsiveness, efficiency and economics through interviews, surveys and using consultants.
If members decide a change would improve government, they must choose a new form.
After nine months, the suggested new form would appear as a public question on the Nov. 2006 ballot asking voters to voters to vote about the change. A "no" vote would keep the borough's current form of government.
If voters approve a new form, new elections would be held and the new form would begin operating in 2007. It is the same year when the current Democrats are up for re-election.
In 1980, the borough changed to its current form of government from a Borough form with a directly elected mayor by conducting a charter study comnussion.
Candidate requirements to run for a commission charter study commissioner on November election ballot:
- Must be a registered voter.
- Collect 100 signatures on petitions available at Borough Hall on August 8.
- Return completed petitions to Borough Clerk Kelley Rohde at Borough Hall by deadline date*
*As of Friday morning, there were unanswered questions about what deadline the borough could set in order to properly turn them into Passaic County by the county's Sept. 9 deadline.
- No resident can sign more than five petitions.
- Candidates who receive the most votes will serve on the study
- Commissioners (study members) serve as unpaid volunteers.