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Jim Doyle Will Not be Confirmed as Councilman Yet

After a judge decided that Doyle could be appointed as councilman, the council minority appealed the decision.

Jim Doyle's council seat remains vacant for at least another meeting.

While Assignment Judge Peter Bariso ruled that the latest vote that appointed Doyle was in fact valid, the council minority has appealed the decision.

Bariso's ruling last week stated that "the Municipal Vacancy Law was not intended to encourage gamesmanship. Council members should not be permitted to undermine the deliberative process and trump the intent of the legislature.”

But, since the appeal hasn't been heard yet, Doyle wasn't able to take place at the dais on Wednesday night. The decision was made a little after 5 p.m. on Wednesday, less than two hours before the start of the council meeting.

Mayor Dawn Zimmer said that tens of thousands of dollars have been spent on the case already.

The city council has voted on the vacancy three times since former councilwoman Carol Marsh stepped down in September. The four minority council members sued Zimmer, City Clerk Jimmy Farina and City Attorney Melissa Longo, claiming that Doyle's appointment — which was done in a 4-2-1 vote — was illegal.

Doyle was removed after Bariso ruled that his appointment, in fact needed five votes to pass. Doyle served two meetings as councilman.

"It is unfortunate," she said. "I welcome Mr. Doyle to the City Council and trust the members of the City Council will do the same."

Doyle, however, will not be welcomed by his minority colleagues just yet.

The case will now be heard by the appelate division in Newark, according to minority councilmen Tim Occhipinti and Michael Russo.

It's unclear when the case will be heard.

Corporation Counsel Melissa Longo on Wednesday night said that it could be between one and four months until the case is heard.

Until then, the Hoboken City Council will consist of eight members.

DaHorsey, SmartyJones of MSV February 07, 2013 at 12:54 AM
Jim Doyle was out of town on vacation this week so he would not have been sworn-in at tonight's council meeting. More on that and the latest MORTe appeal on the approved decision to appoint Jim Doyle: http://www.hobokenhorse.com/2013/02/should-he-stay-or-should-he-go.html
XJS February 07, 2013 at 12:58 PM
Does anyone else find it appalling that Mason and Co are keeping the city at a gridlock?
pdq February 07, 2013 at 02:55 PM
Didn't the council minority just lose their last lawsuit against the taxpayers? No wonder legal fees are so high. What a waste of time and money.
FAP February 07, 2013 at 03:16 PM
Great. Occhipinti, Mason, Russo, and Castellano are demanding the tax payers pony up more money for legal fees. If they lose here can we expect Tim Occipinti to appeal the Jersey's Supreme Court? . Tens of thousands gone and all because these guys refused to participate in a council meeting.
Thomas Forrest Ritter February 07, 2013 at 03:29 PM
UN. BE. LIEVEABLE. #epicfail Michael "Verbally accepted a bribe from an FBI informant" Russo / Beth "this is a new low" Mason / Tim "following along" Occhipinti
cassandra February 07, 2013 at 06:20 PM
Some facts: 1. Rumors about Marsh's resignation swirled for weeks before she resigned 2. Marsh resigned shortly after the deadline for the November election. 3. If she had resigned before the deadline the citizens could have had a chance to elect her replacement. My opinion is that the administration made sure that the resignation took place after the deadline so that they could appoint Doyle and nor risk an election. My conclusion - politicians of all stripes care more about preserving their power then saving taxpayer money. Note that if the election took place in November - no extra taxpayer funds would have been spent.
Grafix Avenger February 07, 2013 at 06:56 PM
It looks like Mason is gearing up for her next lawsuit, demanding Director Leo Pellegrini provide data to show our athletic programs comply with Title IX. Why the sudden interest? How about an investigation into the occupancy of Church Towers and other taxpayer-subsidized housing for compliance with the US Department of Justice Fair Housing Act? http://grafixavenger.blogspot.com/2013/02/giatino-attacked-by-dino-mason-ready-to.html
Ojo Rojo February 07, 2013 at 07:01 PM
Some facts: 1. Courts don't give a hoot about your rumors 2. She still resigned after the deadline 3. She didn't resign before the deadline so it doesn't matter 4. The only people who seem to be concerned w/ power are the same people suing the city of Hoboken and wasting tens of thousands of dollars of our money b/c they are mad they didn't get their way. Now how about you save your outrage for someone who deserves it like the guy who took money from the very same developer that built part of his building on city land and now wants a variance from the city so he can turn that building into a residence. Talk about a massive quid pro quo that you should be spitting mad about!
Ojo Rojo February 07, 2013 at 07:02 PM
What is shocking is people still voted for the guy! How do you do that and look yourself in the mirror afterwards?
franksinatra February 07, 2013 at 07:35 PM
Yes, the Zimmer forces clearly finagled this process and now it's come back to haunt them. It's the Zimmer people who are costing the taxpayers so much money. Beth and her group are trying to make sure the law is upheld. The Zimmer councilpeople did not allow the required 30-day period after Marsh resigned and there was no tie that allowed Zimmer to vote. We'll see whether the appeals court agrees with that. The so-called reformers loved it when Beth sued the old machine over city hall shenanigans. Now the new machine is all upset with the shoe on the other foot. XJS, some gridlock is exactly what this city needs. The Zimmer administration has been a far-too-activist regime--borrowing money willy-nilly, instituting all sorts of new and unneeded rules and fees (the anti-food truck jihad, the recreation tax, etc.) and, of course, not keeping her promise to cut municipal property taxes 25% (she's cut them only 6% in 3.5 years). The only reason Zimmer was elected was the outrage over Roberts' 68.5% municipal tax hike in 2008, so her failure to not roll back at least most of the increase feeds so much of the dissatisfaction with her. A 4-4 council that can block her unwelcome initiatives is a godsend. Maybe now the Zimmer forces will try to reach out to their opponents instead of endlessly demonizing them.
Ojo Rojo February 07, 2013 at 07:50 PM
Darn auto spell check, "residence" should read "restaurant"
Jay Rattigan February 07, 2013 at 08:22 PM
I agree that if Councilwoman Marsh knew she in advance of the deadline that she planned to resign then she should have done so to allow the special election. That said, no laws were broken and that is why this challenge will ultimately fail at the appelate level. In the end, a giant waste of time and money.
DaHorsey, SmartyJones of MSV February 07, 2013 at 08:47 PM
Your opinion is your own and most certainly NOT a fact. If you know Carol Marsh, you would well know she made the decision and it was her decision based on personal family issues. Her personal decision does not give license to the Old Guard council members to stage a political operation so they can sue Hoboken people with their "gamesmanship" as Judge Bariso bluntly put it. All because the Old Guard council people don't want to do their jobs and vote on the matter before them in a council appointment they would lose when done properly as the judge ORDERED them to do last December. The at-large seat is up for election this November, so short term. A special election would certainly cost the taxpayers money, plenty in fact. Just not as much as Hoboken taxpayers being sued in a power grab by Beth Mason, Michael Russo, Tim Occhipinti and Terry Castellano. Hoboken didn't need or deserve this after Hurricane Sandy.
MadisonMonroe February 07, 2013 at 08:50 PM
It's the former council majority and the mayor and their weak attorney who got the city into this predicament. Didn't one of the legal brains paid by our tax dollars (and I'm including city council members and appointees who practice law in one way or another in NJ) see this fiasco coming and warn off the council? Didn't anyone say: you can spend the money on a special election or you can spend the money fighting in court? Surely someone knew that Beth Mason and her deep pockets wouldn't let this pass without a fight?
HudsonStreet February 07, 2013 at 09:52 PM
Sad that Beth Mason has to play these sort of divisive legal games to keep disrupting the honest workings of Hoboken government to garner attention for herself as she looks to purchase a appointment to higher office.
recallbethmason February 07, 2013 at 10:05 PM
I am simply amazed by some of the comments posted? cassandra really? franksinatra what world do you live in (oh i forgot, technically your dead so that explains things) and MadisonMonroe yeah right, we should expect to be sued by our city council people. the bottomline here, people are pissed with beth mason to start, her political career is over and she will soon have people giving her lip when she passes them by on the street (I surely will the next time i see her). The council minority live in our city, I simply do not know what they are thinking that we as citizens will not have a reaction to their behaviour. The council minority is going to have a hard time getting re-elected and I do not even think they realize it yet. All of their political careers will soon be in the toilet if they do not change their toon very soon. mayor zimmer will easily win re-election, that is not even a question at this point in time so why fight her and look like a moron (as mike, beth, timmy and the old lady look at the moment). they should fire whoever they are using as their political consultants.
Ojo Rojo February 07, 2013 at 10:27 PM
Nobody would be spending money in court if the minority hadn't skipped the meetings and just voted no. But hey, that was their plan all along. Their obstructionism has cost this city millions so what is a few tens of thousands of dollars to you.
FAP February 07, 2013 at 10:31 PM
franksinatra the 30 days is not an issue. There were two votes within the 30 day period and Hudson County's chief judge has ruled that the City's case was filed within a timely basis. The 30 days is not what the Old Guard is suing over nor is it part of the judicial appeal. . What Occipinti, Mason, and Russo are suing for is the right to hold State Law hostage. The Old Guard wants a one person veto over the State's municipal vacancy law and Judge Bariso, the chief Judge in Hudson County, ruled that their demand was neither proper nor the intent of the law. . Frankly I believe the only reason the appellate court is willing to hear this case is that the Essex Judge so screwed up a similar case is Newark, NJ that the issue needs clarity from the higher court. I expect the appellate court will agree with Judge Bariso's ruling and end the Old Guard's gamesmanship.
MadisonMonroe February 07, 2013 at 11:24 PM
I'm trying to imagine if FAP et al would be so sanguine if it were the other side who accepted a comrade's resignation, plucked a replacement from the benches without publicly posting the position, and swore him in without the necessary votes (the mayor would be on standby, just in case...) all on the same night. Would they merrily roll over and play dead? Or would they stand up for transparency and clean, open government on behalf of the citizens? And how could it be that Mr. Doyle planned a vacation this week knowing that he would be expected to take his council seat? So if the decision had not been stayed he would have missed his first (part B) meeting? Irony really is dead in Hoboken.
Smokestack February 08, 2013 at 12:21 AM
It's time for people to grow up. It's time to recall Russo, T.C., T.O. and BM!
franksinatra February 08, 2013 at 12:40 AM
recall beth -- if people are so pissed off at Beth Mason, why do they keep re-electing her? why does her ward overwhelmingly support her? I think people there really like the job she's doing and are glad that she's standing up against the Zimmer shenanigans and holding her and her team accountable. And why the name-calling? it just discredits your side, making you look petty and immature. Debate on the merits, not with abuse.
XJS February 08, 2013 at 01:03 AM
Are you on crack? What you're saying is in no way relevant, accurate or helpful. WOW
XJS February 08, 2013 at 01:04 AM
Actually, this is exactly what happens when someone in the majority party resigns. They are replaced by someone else in the majority party. The minority party's sour grapes are just that, sour grapes.
ThisMeansWar February 08, 2013 at 12:37 PM
She was re-elected once with the usual large number of "paid workers". Without the help of faux reformer Franz Paetzold, she would have wound up in a run-off. Did you notice Beth never wrote a letter to the editor endorsing Move Forward? Why do you suppose that is? She's flat-out toxic and can't even publicly support a ticket she is financing and housing. Let's not pretend anyone likes Beth, even her so-called allies. They like her money. No more no less. Pretending otherwise just makes you sound stupid.
recallbethmason February 08, 2013 at 01:42 PM
frank, errrr, beth did not win by much? she avoided a runoff election by 10 votes? go look at the numbers again your math seems to be off. also try talking to anyone in the 2nd ward, she has no chance of being re-elected. no one in the hudson tea, harborside, maxwell or applied buildings (except for the low income housing) will vote for beth (and that is the majority of the votes in the 2nd ward). she will get destroyed in the next election. there was a meeting by reform members last year to have her recalled and we decided not to waste our time as she was doing such a good job destroying any chance she has of being re-elected on her own. now i hear the old guard want to have her recalled...now that is funny. both reform and old guard think she is bad for hoboken? wow, that is unbelievable. here political career is like a slow moving car wreck...just enjoying the view from a distance. :-)

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