Council Members to Vote on Vacancy After Judge's Order

All eight sitting members of the Hoboken City council will vote on Jim Doyle's appointment on Wednesday.

The entire Hoboken City Council will have to be present on Wednesday — either in person or over the phone — to vote on Jim Doyle's council appointment.

Hudson County Assignment Judge Peter Bariso ruled on Friday that all members must be present at the meeting to take the vote. 

Doyle was appointed after former Councilwoman-at-Large Carol Marsh stepped down from her seat.

In response, the four minority members of the council sued their opponents on the city council as well as Jimmy Farina, the city clerk, claiming Doyle's appointment was illegal. Bariso ruled that, in fact, five votes were needed and Doyle was removed from the council. 

While all eight members will have to be at the meeting on Wednesday, it's still unclear what an "abstain" vote will mean. 

Another hearing has been scheduled on Jan. 2, in front of Judge Bariso in Jersey City. 

Councilman Ravi Bhalla said that there had been "some discussion" about taking the vote, but not yet swearing in Doyle in case he gets reappointed. 

It's possible that Doyle's seat remains vacant until November, Bhalla said. Bhalla said that would have an "extraordinarily adverse" effect on the city of Hoboken. 

FAP December 17, 2012 at 08:43 PM
It's too bad Beth Mason and Mike Russo didn't want to do the job they campaigned to do when they were elected. . If it takes a Court Order for Ms.Mason and Mr.Russo to do their jobs I guess that's what Hoboken will just have to do. It's unfortunate that it takes many thousands of dollars in legal fees to have them do their jobs.
Hobbs December 17, 2012 at 08:46 PM
I think Hoboken at this point expects the uber litigious obstructionist City Council minority to continue to try some trick to continue their jihad against the Zimmer Administration. Sadly Castellano, Mason, Russo and Occhipinti see anything that hurts the people of Hoboken as helping their own personal political agenda. posted 12/17 3:44pm
puzzledone December 17, 2012 at 10:58 PM
So the judge pretty much said that he was sure that the defendants would comeup with some silly appeal by Wednesday. Who wants to bet that appeal is filed. By the way, every time they come up with something new, more people are watching. The last time lots of people were watching was with the kill the hospital, where people lined up to get into city council chambers to heckle them as they were dressed down by Joan Quigley, and I don't think they gained a lot of fans out of that one.
QJ201 December 18, 2012 at 12:57 AM
The Aunt, The Pocketbook, The Nephew and The Fool will pull some stunt. I don't see this happening "without incident."
MadisonMonroe December 18, 2012 at 02:58 AM
The judge's written order (attached to this story) also says the order will be stayed if the defendants apply for emergent relief by 12/19.
Grafix Avenger December 18, 2012 at 07:58 PM
58 missing. Where are they? http://grafixavenger.blogspot.com/2012/12/star-ledge-reports-58-missing.html
puzzledone December 18, 2012 at 09:09 PM
I'm sure they are digging up their grounds for emergent appeal right now. Of course, an appeal needs to be justified, MM, in your legal opinion which has been espoused lately, is there something the judge missed in his interpretation of the law here?
DaHorsey, SmartyJones of MSV December 19, 2012 at 12:01 AM
While a Beth Mason political operative would hope that a legal vote re-ordered by the judge would be stopped, it's not likely to happen. More on this with the ever litigious Beth Mason trying to sue control over the City government and Hoboken people. http://www.hobokenhorse.com/2012/12/breaking-james-doyle-appointment-to-see.html
MadisonMonroe December 19, 2012 at 12:06 AM
Puzzledone, all I know is what I read in the judge's written order. It says the council members are to meet (in person or by phone) "to address whether the vacancy that exists on the Council should be filled." I still don't see where he orders them all to vote. And he certainly doesn't order them to vote a certain way that would guarantee a tie and, therefore, a deciding vote for Mayor Zimmer. As for emergent relief, I suppose Mr. Goldfeder, working on behalf of the defendants, will have something to propose. He looks as though he has a bit of experience in the field. https://www.law.upenn.edu/cf/faculty/jgoldfed/
demosthenes December 19, 2012 at 01:55 AM
Hi Madison I guess Judge Bariso forgot to study your blog posts about the importance of Wisconsin before ruling. Perhaps Mrs. Mason's superb legal team will use the Judge's irresponsible failure to consider your expert opinion on the importance of Wisconsin law as the basis of an appeal. Perhaps they will demand that the case be remanded to Wisconsin and that no vote be taken until the minority Councilmembers have filled their tummies with cheese. By the way, I heard this was one of those unusual years when we had an election in November. Did you hear about it?
DaHorsey, SmartyJones of MSV December 19, 2012 at 05:36 PM
No worries puzzledone, the answers are readily apparent with the every litigious Beth Mason doing anything to stop a legal vote of the full council. MSV has the breaking news on the latest emergency request to temporarily stop a vote of council on the at-large appointment. Don't believe what a Beth Mason political operative says, watch what Beth Mason does: http://www.hobokenhorse.com/2012/12/grist-for-mill-old-guard-council.html
demosthenes December 19, 2012 at 06:59 PM
Madison, I don't see anything about whether Mr. Goldfeder has any expertise in Wisconsin law which you have said you believe applies, nor does it identify Mr. Goldfeder's favorite cheese. But since he seems to be quite an expert on election law, perhaps you should ask him whether we have November elections every year. Perhaps he'll even know the results of the one we just had. It seems President Obama did quite well and everything you supported lost, but perhaps that's because you didn't realize we we having a november election this year. I'll bet Mr. Goldfeder costs a whole lot more than Mr. Kleinman does so he must be a better lawyer. I'll bet if he had been the City's Corporation Counsel Hoboken would never have adopted an illegal early retirement plan that cost taxpayers $4.2 million.
XJS December 19, 2012 at 08:35 PM
Oh wow, anyone can go to law school. Big deal.
pdq December 19, 2012 at 09:16 PM
MM, You said "I still don't see where he orders them all to vote". However, Claire wrote: "Hudson County Assignment Judge Peter Bariso ruled on Friday that all members must be present at the meeting to take the vote. " You also said ;"It says the council members are to meet (in person or by phone) "to address whether the vacancy that exists on the Council should be filled." However Claire wrote : "The entire Hoboken City Council will have to be present on Wednesday — either in person or over the phone — to vote on Jim Doyle's council appointment." Who is wrong? You or Claire?
MadisonMonroe December 19, 2012 at 11:26 PM
pdq, my information comes from the pdf of the judge's order, which is attached to the top of this story under the photo of city hall. xjs, yes, you're right, anyone can go to law school. Case in point, the city's own counsel, Melissa Longo, who gave the council the bad advice in the first place.
FAP December 20, 2012 at 01:58 AM
Here's a simple question. . Why is Beth Mason attempting to use the legal system from carrying out her the responsibilities State Law and her council Oath require? . MadisonMonroe can you comment as to why she might be evading her duties? Do you think it's proper that she's doing so?
demosthenes December 20, 2012 at 04:17 AM
No - not everyone can go to law school Case in point, you did not a fact that becomes more glaringly obvious every time you post. Mr. Goldfeder's appellate brief has been posted on mile square view. He seems to have forgotten to cite Wisconsin law. Perhaps after he's eaten some cheese he will amend his filing to reflect your expert opinion.
Journey December 20, 2012 at 11:10 AM
We need 3 to 5 volunteers each from Wards 1, 2, 3, and 4 to show up at the next counsil meeting with the petition to have these four. These volunteers will announce the intention to have a recall and that they and others will be outside city hall to collect signatures. If these four will not do their job, we should have an operatunity to elect someone who will, sooner rather than latter.
Journey December 20, 2012 at 11:12 AM
I'll sign a petition to get Mr. Russo out of office.
Journey December 20, 2012 at 12:26 PM
NJ recall requirements: Recall may not commence during first year in office. No specific grounds are required Time for gathering signatures is 160 days. Signature requirement is number equal to 25% of the registered voters of the district
Journey December 20, 2012 at 12:36 PM


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