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Resolution To Appoint Jim Doyle To Vacant Hoboken Council Seat Passes, Pending Court Approval

Doyle will not be sworn in until Hudson County Assignment Judge Peter Bariso approves the 5-4 vote.

 

Mayor Dawn Zimmer cast the fifth and deciding vote Wednesday night to appoint Jim Doyle to the vacant At-Large seat on the Hoboken City Council.

But Doyle will not be taking a chair at the dais just yet. The matter is going back to Hudson County Assignment Judge Peter Bariso for a final ruling.

Council members Peter Cunningham, Jennifer Giattino, David Mello and Ravinder Bhalla voted to appoint Doyle. Councilwoman Theresa Castellano and Councilman Tim Occhipinti voted no, and Councilwoman Beth Mason and Councilman Michael Russo abstained.

The abstentions counted as two "no" votes as opposed to to "non-votes," according to the city's corporation counsel Melissa Longo. Zimmer was called in to break the tie.

In November, Judge Bariso ruled that five votes were required to appoint a new council member.

"It is what it is," said Councilman Occhipinti, a member of the council minory that appealed Doyle's appointment. "Let's just proceed here, but I haven't seen a deadlocked council here. The city's moved forward."

If the court approves the vote, Doyle will serve out the remainder of former council woman Carol Marsh's term until December 31, 2013.

Councilman David Mello lauded Doyle's appointment, citing his brief experience on the council before he was removed from the seat in November.

"I think Mr. Doyle isthe most appropriate person to take her [Carol Marsh's] place, not only because he served very well in that capacity, but I think a lot of her priorities and the things she wanted to achieve will be very much echoed by Mr. Doyle," Mello said.

Doyle will not be sworn in until the court approves the vote, and it is not yet clear when Judge Bariso will review the matter.

Related Topics: Elections, Hoboken City Council, and Jim Doyle

recallbethmason

10:04 pm on Wednesday, January 16, 2013

now beth mason should reimburse the city of hoboken for her frivilious lawsuit. better yet, we the 2nd ward residents should sue her for damages for the extra taxes we now owe because of her lawsuit. absolutely ridiculous!

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DaHorsey, SmartyJones of MSV

8:10 am on Thursday, January 17, 2013

The Mason Family is not done yet. While Assignment Judge Peter Bariso said in advance of his court order of the full council to vote on the Doyle appointment he would review the results, he can't stop another lawsuit against the people of Hoboken.

MSV has weighed in with further analysis on the ever litigious Beth Mason and her Old Guard allies:

http://www.hobokenhorse.com/2013/01/jim-doyle-appointment-passes-in-5-4-vote.html

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VinVan

5:01 pm on Thursday, January 17, 2013

Zimmer filed the frivolous lawsuit in order to try and force Doyle to be allowed on the council after a judge ruled the vote invalid. The initial move to overturn the illegal vote didn't cost the city anything. Now, by continuing to force this issue despite it already having been ruled on both in Hoboken and in Newark, there is going to be even more taxpayer money wasted. That's just one reason you have $700,000 in legal bills for the first quarter, in case you missed that part. So yes, frivolous lawsuits should have to be paid back. Zimmer and company might not be so willing to throw their own money away. In any case, Longo should be disciplined for going along with it, she's paid to represent the city, not to just give the thumbs up to illegal clearly procedures on the Mayor's behalf.

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XJS

8:50 pm on Thursday, January 17, 2013

vinvan you make no sense.

Doyle was appointed through a vote. Mason et al filed a frivolous lawsuit. The court ruled that all of the members had to vote. Mason et al filed a frivolous appeal. She was rejected. They voted. Now Mason will file another frivolous suit, no doubt, to get the appointment rejected. There's no legal basis for that, so in the end, what happened in OCTOBER (Doyle being appointed) will come to fruition in January or February at the cost of TAXPAYER money b/c MASON, OCCHIPINTI, CASTELLANO and RUSSO filed frivolous lawsuits.

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DaHorsey, SmartyJones of MSV

7:05 am on Friday, January 18, 2013

Well here's a Grade A for your never ending propensity to lie in your signature way about everything and anything. Before we dissect and dispense it with truth, let me ask if you think anyone really falls for any of it?

Isn't there just too many citizens who are willing to take on the lies for that strategy to work? Why not just stick to ghostwriting on Hoboken411 where you can control and censor everyone? Is it because like Beth Mason, it's totally discredited?

As for the weak mess of lies here:

1. Beth Mason and friends sued to stop a judge from compelling them to show up at the same council meeting and vote on the Jim Doyle appointment.
2. Suing the people of Hoboken is not popular and Beth doing it over and over doesn't go away because you try to say it's someone else, re: the mayor.
3. Your more Lame than ever.

Thank you very much VinVan

MSV will post the complete court order so everyone can know what the judge did actually say about making the FULL council show up and vote. This to offset the fibs last night by Tim Occhipinti and Terry Castellano.

demosthenes

8:10 am on Thursday, January 17, 2013

What was the deal with mason screwing her own ward by voting not to fund the monarch litigation then asking for a revote so she could change her vote? I wonder who texted her to say what the f are you doing?

Loved her theory that

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demosthenes

8:12 am on Thursday, January 17, 2013

Loved her theory that you can stroll in whenever you want and cast retroactive votes. Great job by Ravi calling bullshit on it when everybody else seemed to stunned by the audacity of it to respond.

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FAP

8:10 am on Thursday, January 17, 2013

Hey it only took a Judge's order to compel Occipinti, Mason, Castellano, and Russo to show up to the meeting.
.
Now after Doyle is seated if there was a way to have the Judge order them to stay away we'd be golden. ;)

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MadisonMonroe

11:31 am on Thursday, January 17, 2013

So going forward will all abstentions count as "no" votes? Is that the final word from our city attorney, Mellissa Longo? The one who got us into this legal morass in the first place? Doesn't appear that she has much of a background in municipal legal issues.
http://www.ci.newark.nj.us/government/city_departments/quad_landing2/labor/melissa_longo.php

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XJS

11:55 am on Thursday, January 17, 2013

I read your comments and can't help but think you're a bitter pill of a person.

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Journey

12:12 pm on Thursday, January 17, 2013

The council members that refused to do their job and vote got us in this mess.

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pdq

1:27 pm on Thursday, January 17, 2013

Newark has a direct stipulation on abstentions, Hoboken does not.

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demosthenes

1:27 pm on Thursday, January 17, 2013

Actually quite an impressive resume. Perhaps you'd like to share yours so we can compare and also learn how you became an expert in Wisconsin law. Did you gain the expertise by consuming lots of cheese with your twinkies or was it more from watching reruns of law and order?

It will be interesting to see whether Mrs. Mason's fancy New York lawyer or her not so fancy NJ coatholder Steve Kleinman use any of your fine arguments when they argue the issue before Judge Bariso. Apparently you were wrong about whether the judge could order your friends to show up and vote. He could and he did, and their attempts to pretend he hadn't last night were pretty laughable. Did you people really not foresee that the Council President would read the order into the record?

As you know, the final word on abstentions will come from Judge Bariso. Then we'll see whether you and your friends can spin your way out of the reality of seeing Mr. Doyle back on the Council.

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PlanetDan

5:01 pm on Thursday, January 17, 2013

And yet, she is a qualified attorney who knew about this situation coming into the meeting, allowing her to research the law, which enabled her to offer an informed, professional opinion. She did not get us into this "legal morass" -- the idiotic shenanigans of Mason et al did.

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PlanetDan

5:01 pm on Thursday, January 17, 2013

I must admit, this one put me over the top about Mason. She's a harmful, narcissistic, incompetent fool (check her record at Levine Huntley and Friedman Benjamin -- she screwed both companies royally). I live in her district and I promise I will work hard to unseat her...and prevent her from winning ANY election.

Scott M. Siegel

12:12 pm on Thursday, January 17, 2013

Tim o: "Let's just proceed here, but I haven't seen a deadlocked council here. The city's moved forward." No deadlocked council, what a turd?

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Redwing forever

3:42 pm on Thursday, January 17, 2013

What a sad little person you are Scotty M. Siegle because when you were a kid you must have been picked on and you no the bully word you have to act like this calling a person a turd. So SAD.

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HudsonStreet

10:46 am on Friday, January 18, 2013

What a sad little person Beth Mason is to surround herself with people like Redwing forever.

Outofcontrol

8:50 pm on Thursday, January 17, 2013

What's wrong Scotty, can't make new friends in your new neighborhood? Are the kids ignoring you like they did when you were a child? Poor pitiful thing, you can't get it through your head that you don't live here anymore.

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pdq

7:05 am on Friday, January 18, 2013

What kind of sad, bitter and hateful existance do you have, that you would say such things?

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HudsonStreet

7:05 am on Friday, January 18, 2013

What is sad is that Beth Mason has little choice but to surround herself with people like you.

puzzledone

10:46 am on Friday, January 18, 2013

Where is CuriousGal to tell us about the Target, Isolate, Ridicule, Remove that's clearly going on right here against Scott Siegel? Is it only that when the "bully bloggers" that you baited into a lawsuit do it that it's a problem?

Still, the fact that Tim Occhipinti said he was not aware of a ruling on a lawsuit for which he was a named party, in response to a lawsuit that he was a named plaintiff for, shows that at the very least, he is not paying enough attention to his own affairs to be a reasonable councilman.

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MadisonMonroe

1:00 pm on Friday, January 18, 2013

Go back to the original stories about Mr. Doyle's appointment. Mellissa Longo, the city attorney, obviously does not have much of a background in municipal law and it showed when she said his first appointment was legal even though he didn't have five votes. You're right, I don't have a law degree from the third or fourth-tier New York Law School like Ms. Longo does. But it doesn't take three years of coursework to be able to count up to 5. Ms. Longo gave the council members bad information - as proven by Judge Bariso's removal of Mr. Doyle from the council. This council's revote this week - under Ms. Longo's direction - still couldn't put Mr. Doyle on the dais. How humiliating to this council and city that it can't make a move without getting approval from a judge.

An Essex Co. judge handed down a similar ruling in Newark (Ms. Longo's last employement) against a move by Mayor Cory Booker and his council cohorts to force through a similar appointment even though they didn't have the votes to force the necessary tie-breaker by Booker. The judge ruled that absentions don't count as anything other than non-votes and, therefore, that seat is vacant until November.

When will the Mayor and her council supporters finally realize that the vast majority in this city just wants them to follow the law? Stop blaming those who bring the lawsuits and start doing the right thing. And spend our tax money on a better lawyer!

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ThisMeansWar

1:54 pm on Friday, January 18, 2013

A Russo, Mason, Occhpinti supported saying she just wants the city to "follow the law"!

Good one! You are on fire.

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FAP

2:14 pm on Friday, January 18, 2013

MadisonMonroe if the Judge deems the vote valid will you say that Mason, Occipinti, Russo, and Castellano have wasted the taxpayers money by forcing a Judge to order them to participate in a valid vote?
.
I'm just trying to understand if you're being fair on this issue or if you're just an old guard partisan.

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pdq

12:54 pm on Sunday, January 20, 2013

Speaking of following the law; Has you Board Of Ed slate, Move Forward, returned the nearly $7000 in illegal donations, yet? The deadline is past due.

Smokestack

8:12 am on Monday, January 21, 2013

Timmy, Terry, Mike and Beth are toast. The Hoboken Reporter goes right into the recycling bin. Take a moment to pat ourselves on the back for standing up to political corruption and banning smoking in the dog run. But now it's time to ignore all the divisive propaganda and come together and start focusing beyond St. Patrick's Day, and on the future of this town and the real adult problems on our plate. You know....like jobs and better wages for all Hobokenites, or how to protect our city from the next superstorm, or how to achieve the much needed infrastructure repair. Let's have some real health and public safety reform and make the state and Port Authority more accountable.
We finaly have an honest Mayor. Let's take advantage of our good fortune. Let's rise above. Don't believe the partisan hype. We can do it if we work together.

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Highonthehog

4:08 pm on Monday, January 21, 2013

If council woman marsh knew she was leaving before the deadline to have the seat put on the ballot and did not do so,I believe she,and whoever advised her to do so caused this suit.THe people should have voted,Scott Siegel would have been a much better choice.

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John Keim

3:28 pm on Thursday, January 31, 2013

HOTH is correct to blame Carol and whoever advised her but wrong on the choice. Jim would make an excellent councilperson (as would Leah Healey) - had Carol done the right thing Jim could have been on the November ballot and he probably would have won. I would have voted for him.

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Journey

11:08 pm on Sunday, February 3, 2013

Unless your are her close friend, how do you know why she stepped down when she did?

At least when she was on the council she called in when she could not make it to a meeting, even from a hospital.

John Keim

3:28 pm on Thursday, January 31, 2013

Another note - had any of the last several mayors pulled a stunt like this the "reform" community would have been up in arms but now this is o.k.

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Ojo Rojo

12:59 pm on Friday, February 1, 2013

Had anyone but Beth Mason pulled any of the stunts Beth Mason has pulled over the last 4 years, you'd have gone berserk about it. And no, you would not have voted for him b/c he is diametrically opposed to Mason and everything you now support. You are so blinded by your devotion to her that you just can't see the havoc she has caused.

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puzzledone

1:10 pm on Friday, February 1, 2013

John, when Beth Mason had a midnight resolution to take over the council chair, the "reform" members of the council pretty much rolled over and let her have her way. I fail to believe that reform would be up in arms over a resignation that allowed colleagues to pick a likeminded replacement. Of course, the midnight resolution came after contributions flowed right through your hands to Tim Occhipinti on their way to 575 campaign workers, so your lack of objectivity is expected.

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ThisMeansWar

1:10 pm on Friday, February 1, 2013

Speaking of stunts - do you happen to know if the illegal contribution to Move Forward by the oxymoronically named "Friends of Beth Mason" group was returned? http://hoboken.patch.com/articles/7-000-campaign-donation-at-center-of-discussion

Asking because FofBM appears to still be using your address as the place from which checks are issued and to which, presumably, illegal checks ought to be returned.

I hate to admit it but CuriousGal was dead-right about November elections. She kept warning us about dirty money getting into campaigns if elections were moved to November. And lo and behold we had a Nazi truck and vile midnight fliers. And we just can't imagine who was behind them. But CuriousGal will let us know.

Anyhooooooo.... Sure would be nice to hear that Beth's illegal donation "has been cleared up" to use the preferred expression. As a watchdog for political hypocrisy, I'm sure you feel the same. Right?

Right...?

FAP

1:10 pm on Friday, February 1, 2013

John are these belated posts your sad way of comforting yourself ahead of tomorrow's court ruling?

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demosthenes

1:10 pm on Friday, February 1, 2013

I know I know legal concepts can be hard to grasp, but perhaps you should ask Mr. Kleinman about what this lawsuit has been about. He will doubtless explain to you that the timing of Ms. Marsh's resignation has nothing whatsoever to do with the lawsuit, though you are personally certainly entitled to your personal opinion about the timing just as others are entitled to make personal judgments about the propriety of your actions.

And with all due respect, your willingness to vote for someone is hardly a litmus test for whether someone would make a fine councilperson.

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pdq

3:30 pm on Friday, February 1, 2013

Judge ruled that Jim Doyle was validly appointed as a Councilman.

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DaHorsey, SmartyJones of MSV

3:30 pm on Friday, February 1, 2013

Judge Bariso has ruled in favor of the people of Hoboken against Beth Mason and her MORTe allies. Jim Doyle's appointment to the City Council is confirmed after the judge ordered the full council to finally meet and vote.

Mayor Zimmer announced the victory of the people of Hoboken against Mason, Russo, Castellano and Occhipinti earlier.

Abstentions are "no" votes for purposes of these appointments but the brilliant legal Masonistas will continue no doubt to tell you otherwise. Hey, I'll tell you the same if you pay me too. LOL

Official details:
http://hobokenhorse.com

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tonysoares

3:30 pm on Friday, February 1, 2013

John you'll now have the chance to vote for him in November
Maybe you can even play the piano at his swearing in!

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tonysoares

3:33 pm on Friday, February 1, 2013

(I'm taking bets on his letter of support)

John Keim

12:00 pm on Saturday, February 2, 2013

Glad he's in. I think he'll do a good job. I know he will be a staunch advocate for parks.

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John Keim

12:00 pm on Saturday, February 2, 2013

TMW - the truck you hate only reproduced images from an offensive website. I found the truck distasteful but I also found the original images on the offensive website distasteful. The truck did nothing to advance the cause of the candidtates it purportedly supported but the fact of the matter is, all it did was reproduce the images from one of the two partisan websites in town that purport to give us "official details".

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Journey

11:08 pm on Sunday, February 3, 2013

With the website, if you did't go to the site. With the truck, you don't have that much control.

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Journey

11:08 pm on Sunday, February 3, 2013

Oh and about those contributions, and your address. Mind clearing up that?

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pdq

11:08 pm on Sunday, February 3, 2013

Has you Board Of Ed slate, Move Forward, returned the nearly $7000 in illegal donations, yet? The deadline is past due

John Keim

11:03 am on Tuesday, February 5, 2013

Journey, I don't know what you are talking about. pdq, I believe the ordinance you refer to itself is illegal from what I understand. I had nothing to do with any of what you folks are screaming about so perhaps. I have known Jim Doyle since 1977 (before either of us moved to Hoboken and I think before most of you moved to Hoboken as well - I moved here in 1984).

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DaHorsey, SmartyJones of MSV

4:53 pm on Friday, February 15, 2013

How is the ordinance limiting pay to play in contributions illegal? Because Beth Mason says it's okay to break the law?

Beth Mason and Tim Occhipinti said passing the ordinance limiting pay to play was unconstitutional.

It's neither unconstitutional nor illegal.

Does anyone else find it more than ironic Beth Mason breaks laws when she wants and then passes other laws she insists we obey?

Okay, back to the I heard it was an illegal law, so it doesn't apply to me Beth Mason game.

John Keim

11:03 am on Tuesday, February 5, 2013

pardon the type glitch, perhaps we should all try to get along.

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