August 26, 2009
By CHRISTINA TATU
FRANKFORD -- Township Clerk Patricia Bussow accepted candidate petitions by the Tuesday deadline from Paul Sutphen, who is the subject of a Dec. 8 special recall election, and Sam Castimore.
Yet, county and township officials still are disputing where the petitions go next.
Bussow said she collected the petitions on the advice of township attorney Kevin Benbrook. "We agreed to accept the petitions because (County Clerk Erma Gormley) wouldn't," Bussow said. "Our attorney is still taking the stand that this is not our responsibility, but we've accepted them because the candidates had nowhere else to go."
Phone calls to Benbrook were not returned Tuesday.
Bussow said the county clerk prepares the ballots for the general election, but this is the first time in Sussex County history a municipal recall has progressed so far.
"The petitions are sitting here, but as far as what we do next, your guess is as good as mine," Bussow said.
In an e-mail sent last Friday to Bussow and County Attorney Dennis McConnell, Benbrook said he believes the recall statute requires the county clerk to prepare and distribute the ballots and receive nominating petitions from candidates.
Gormley said her office was advised by McConnell and the state attorney general's office that Bussow should take the responsibility of
serving as the recall election official.
Bussow said the issue may go before a judge. The township committee, however, would need to vote on whether to authorize Benbrook to go to court since additional costs would be incurred.
Sutphen said the township committee may discuss the issue during its regularly scheduled meeting at 7:30 p.m. Thursday.
If it is discussed, Sutphen said he would recuse himself. "I don't think I should vote on the issue because I would have a conflict there," Sutphen said. "I haven't talked to the attorney about it specifically, but my thought is that this is something that either benefits me or it doesn't benefit me, and I shouldn't be voting on authorizing to move it one way or the other."
That leaves Deputy Mayor Robert McDowell, who was the subject of two recall attempts, and Committeeman Bill Hahn to make the decision.
Sutphen, should voters recall him on the ballot's first question, would appear as a candidate on the second question for his own seat against Castimore.
