Styles v. Township of Galloway

732 A.2d 569, 323 N.J. Super. 191, 1999 N.J. Super. LEXIS 258
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 12, 1999
StatusPublished
Cited by2 cases

This text of 732 A.2d 569 (Styles v. Township of Galloway) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Styles v. Township of Galloway, 732 A.2d 569, 323 N.J. Super. 191, 1999 N.J. Super. LEXIS 258 (N.J. Ct. App. 1999).

Opinion

732 A.2d 569 (1999)

Katherine STYLES, Plaintiff,
v.
The TOWNSHIP OF GALLOWAY, Defendant.

Superior Court of New Jersey, Law Division, Atlantic County.

Decided March 12, 1999.

Richard A. Carlucci, Ocean City, for plaintiff (Griffith and Carlucci, attorneys).

*570 James F. Ferguson, Absecon, for defendant (Law Offices of Roger C. Steedle, attorneys).

WILLIAMS, A.J.S.C.

This case involves a dispute over the length of the mayor's term of office in a Faulkner Act Council-Manager Plan municipality.

The essential facts are not in dispute. On November 5, 1974, the voters of Galloway Township adopted the Faulkner Act Council-Manager Plan E form of government. N.J.S.A. 40:69A-114.1 to 40:69A-114.4 (repealed 1982). That Plan provided for a township council consisting of seven persons elected at large in partisan elections for staggered four-year terms. The mayor is elected by the council from among its members.

The first election for Township Council under the new form of government occurred in November 1975. Thereafter, on January 1, 1976, at its initial organizational meeting, the Township Council selected a mayor. Since that time, the Council has conducted reorganization meetings on January 1 of each year and has selected a mayor to serve until the next year's meeting. In February 1990, the Council adopted an Administrative Code which, in pertinent part, codified the practice of selection of a mayor for a one-year term at the annual reorganization meeting on January 1. See Galloway Tp. Admin. Code, art. II, § 2-5(A).

The most recent election for council members occurred on November 4, 1997, at which time the voters elected four council members. Three other council members elected two years earlier continued in office. At its reorganization meeting on January 1, 1998, following the election, the Township Council selected Theresa Conover as the mayor. In September of that year, Mayor Conover died. On or about October 5, 1998, a replacement was selected to fill her vacant council seat and on October 13, 1998, the Council selected the plaintiff to fill the balance of Theresa Conover's unexpired term as mayor.

Following past practice, the Township Council convened on January 1, 1999, for its annual reorganization meeting. At that meeting, Councilman John Kelley was nominated for the position of mayor and was elected by the other council members in a 5-0 vote. Plaintiff abstained from voting, asserting that the annual mayoral selection was in conflict with the Faulkner Act. Thereafter plaintiff initiated this action to challenge Council's selection of Kelley as mayor and to have herself declared the lawful holder of that position. The suit also seeks to void the Township's Administrative Code provisions calling for an annual election of the mayor by council.

Plaintiff asserts that council may elect a mayor only at its meeting on the first day of January following an election for members of council. In this case, that would have been the council meeting of January 1, 1998, when Mayor Conover was elected. She relies upon N.J.S.A. 40:69A-86, which provides in pertinent part:

Any municipality adopting a council-manager plan of government shall provide in its charter ...:
a. That the mayor shall be elected by the members of the council; in which case on the first day of July or January, as appropriate, following their election, the members-elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all members of the municipal council.

The original version of this statute was adopted in 1950 as Section 9-6 of Article 9 of the Faulkner Act. L. 1950, c. 210. The Faulkner Act, formally known as the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to -210, was adopted in response to the Second Report of the State of New Jersey Commission on Municipal Government. The purpose of the Act was "to *571 confer the greatest possible power of local self-government, consistent with the New Jersey Constitution, upon municipalities adopting a plan pursuant to the Act, as well as, to reduce the vast number and types of local government with all their varying rules and regulations, by providing a flexible general pattern adaptable to the various communities and their needs." Newark v. Dept. of Civil Service, 68 N.J.Super. 416, 425, 172 A.2d 681 (App. Div.1961); Mentus v. Irvington, 79 N.J.Super. 465, 470, 191 A.2d 806 (Law Div.1963). To achieve that purpose, the Faulkner Act provided for three distinct forms of municipal government. Municipalities could adopt either a Mayor-Council, Council-Manager, or Small Municipality plan. Within each form of municipal government were a number of options including election on a partisan or non-partisan basis, elections at large or by wards, and the use of concurrent or staggered terms for members of council.

The Faulkner Act initially created four variations of Council-Manager plans (called Plans A, B, C and D). The various plans represented differing combinations of the options available under the Act. Each called for nonpartisan elections in May. Plans A and B called for at large elections, while Plans C and D called for a combination of election by wards and at large. Plans A and C called for concurrent four-year terms, whereas Plans B and D called for staggered four-year terms. In 1953, the Legislature supplemented the variations under the Council-Manager form by providing for Council-Manager Plan E. L. 1953, c. 254. That plan called for partisan elections with members of council being elected at large for staggered four-year terms. The Council-Manager variations were increased with the addition of Plan F in 1973 which called for partisan elections, staggered terms, and selection of council members both at large and by wards. L. 1973, c. 234.

In 1981, the various letter plans of Council-Manager government (Plans A through F) were abolished and consolidated into a single form of Council-Manager government under a revised Article 9. L. 1981, c. 465. The amendments however, did not affect municipalities such as Galloway Township which had adopted its plan of government prior to the effective date of the repealer. N.J.S.A. 40:69A-208.2

As initially adopted, the Faulkner Act established the various Council-Manager plans in Articles 9 through 12. Article 9 created Council-Manager Plan A. Section 9-6 of that Article provided:

On the first day of July following their election, the members elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all members of the municipal council.

Section 9-6 is the only place in the Faulkner Act where mayoral selection under the various Council-Manager plans is explicitly addressed. Articles 10, 11 and 12 of the Faulkner Act, establishing Plans B, C, and D, respectively, did not explicitly address issues concerning mayoral selection. Instead, each incorporated by reference the provisions of Section 9-6. In a similar fashion, Plans E and F also incorporated this section by reference with the exception that each provided "that the council shall organize and elect a mayor on January 1 rather than July 1 as provided in Section 9-6." L. 1953, c. 254, § 12A-1; L. 1973, c.

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Bluebook (online)
732 A.2d 569, 323 N.J. Super. 191, 1999 N.J. Super. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/styles-v-township-of-galloway-njsuperctappdiv-1999.