December 10, 2009
By CHRISTINA TATU
FRANKFORD — Emery “Sam” Castimore’s victory Tuesday versus Paul Sutphen completes a dramatic power shift on the township committee between two sides that have been at odds the past few years.
Castimore joins Bill Hahn, a township committeeman since 1996, and Gary Larson, who will take office in January after his Election Day win, as a solid bloc that has said it wants to reverse the township’s recent anti-development direction and settle a lawsuit filed by a developer wanting to build an outlet mall in the township. It will be both Castimore’s and Larson’s first time serving on the township committee.
Hahn, who supported the recall efforts aimed at both Sutphen and Robert McDowell, has disagreed with some of the more controversial ordinances approved by that duo the past two years. In particular, this new group opposes ordinances passed earlier this year to limit commercial development on the township’s main corridors — state Route 206 and county Route 565 — as the catalyst behind the recall efforts.
Castimore said he’d like to see the development be “green” businesses, but also wants to maintain the township’s historic agriculture base.
Hahn, Larson and Castimore said they plan to modify those ordinances, as well as a defense and indemnification ordinance passed earlier this year.
The defense and indemnification ordinance provides legal counsel and indemnification for township officials, employees and appointees who may not be fully covered by the township’s insurance policy. The ordinance was recommended by township attorney Kevin Benbrook, who after reviewing the town’s law books noticed they did not have an ordinance that most state municipalities have.
The new committee members said they plan to remove the section that offers coverage for punitive damages, or compensatory fees that are sometimes imposed by a court when a defendant’s conduct is found to be intentional or malicious.
“Our intention is to go in and make sure things work the way they should, fairly for everyone within the community,” Larson said. “Again, all of this is not about Ross’ Corner (the site of the proposed town center), although many people may think that. It’s about the entire township.”
Hahn said he hopes the committee can resolve a lawsuit filed against the township in August 2008 by outlet mall developer Sussex Commons. The suit alleges Sutphen, McDowell and members of the plan endorsement advisory committee were biased against the mall project and asks that a special judge be appointed to oversee the township planning process.
The suit does not seek specific damages, although Sussex Commons attorney Kevin Kelly has estimated the mall project to be worth about $90 million.
The township also is facing a second development lawsuit after Lorterdan Properties at Frankford LLC, the developer of a proposed 270-unit housing plan and six-to nine-hole golf course located a Ross’ Corner, filed a lawsuit in September against the township committee and land use board alleging they violated a 2003 developer’s agreement.
Showing posts with label Z) Frankford Twp. Recall. Show all posts
Showing posts with label Z) Frankford Twp. Recall. Show all posts
20091210
20091209
Castimore wins Frankford seat
December 9, 2009
By CHRISTINA TATU
FRANKFORD -- Mayor Paul Sutphen was recalled in Tuesday's special election, the first recall election for a government official in Sussex County.
Taking Sutphen's place on the township committee will be local veterinarian Emery "Sam" Castimore.
The first question on the ballot asked if Sutphen should be recalled from the township committee.
According to unofficial results Tuesday, that question passed with 53 percent, or 850 votes, for the recall and 767, or 47 percent, against it.
The second question asked voters to choose a replacement for Sutphen.
New Jersey's election law allowed Sutphen to run as a candidate on the ballot.
Castimore won with 54 percent, or 863 of the votes; Sutphen received 722 votes, or 46 percent.
"I am deeply concerned with the direction the new majority will take Frankford," Sutphen said in a prepared statement Tuesday night. "As for my recall, I can say that I have carried out my responsibilities of Township Committeeman to the best of my abilities."
Sutphen, 72, has served as a member of the township committee, land use board and plan endorsement advisory committee since he took office in 2008. Had he not been recalled, his term would have expired December 2010.
Castimore, 59, ran against committeeman Robert McDowell in 2006. McDowell was defeated in the June primary by recall activist, Gary Larson.
"I'm thrilled that an informed group of voters in Frankford township have decided to take back our town because they are more aware of issues than people who choose to keep their heads in the sand with local, state and national politics as they are," Castimore said. "We need sustained controlled growth in our country or our children and grandchildren are doomed."
County Board of Elections Administrator Marge McCabe said Castimore will be sworn in to office as soon as the ballots are certified, but did not know how long that would take.
Recall organizers have said Sutphen made decisions on township issues based on his own personal agenda and not for the benefit of residents.
They specifically cite ordinances passed earlier this year that limit commercial development on county Route 565 and state Route 206. The ordinance does not change the zoning, but prohibits the building of strip malls, service stations, restaurants without wait staff and box stores.
Landowners worry the ordinance would decrease their property values, and recall supporters have questioned whether the move is an attempt to oust the Sussex Commons outlet mall, a 90-store outlet center proposed for the town center at Ross's Corner.
By CHRISTINA TATU
FRANKFORD -- Mayor Paul Sutphen was recalled in Tuesday's special election, the first recall election for a government official in Sussex County.
Taking Sutphen's place on the township committee will be local veterinarian Emery "Sam" Castimore.
The first question on the ballot asked if Sutphen should be recalled from the township committee.
According to unofficial results Tuesday, that question passed with 53 percent, or 850 votes, for the recall and 767, or 47 percent, against it.
The second question asked voters to choose a replacement for Sutphen.
New Jersey's election law allowed Sutphen to run as a candidate on the ballot.
Castimore won with 54 percent, or 863 of the votes; Sutphen received 722 votes, or 46 percent.
"I am deeply concerned with the direction the new majority will take Frankford," Sutphen said in a prepared statement Tuesday night. "As for my recall, I can say that I have carried out my responsibilities of Township Committeeman to the best of my abilities."
Sutphen, 72, has served as a member of the township committee, land use board and plan endorsement advisory committee since he took office in 2008. Had he not been recalled, his term would have expired December 2010.
Castimore, 59, ran against committeeman Robert McDowell in 2006. McDowell was defeated in the June primary by recall activist, Gary Larson.
"I'm thrilled that an informed group of voters in Frankford township have decided to take back our town because they are more aware of issues than people who choose to keep their heads in the sand with local, state and national politics as they are," Castimore said. "We need sustained controlled growth in our country or our children and grandchildren are doomed."
County Board of Elections Administrator Marge McCabe said Castimore will be sworn in to office as soon as the ballots are certified, but did not know how long that would take.
Recall organizers have said Sutphen made decisions on township issues based on his own personal agenda and not for the benefit of residents.
They specifically cite ordinances passed earlier this year that limit commercial development on county Route 565 and state Route 206. The ordinance does not change the zoning, but prohibits the building of strip malls, service stations, restaurants without wait staff and box stores.
Landowners worry the ordinance would decrease their property values, and recall supporters have questioned whether the move is an attempt to oust the Sussex Commons outlet mall, a 90-store outlet center proposed for the town center at Ross's Corner.
20091208
Frankford recall election set today
December 8, 2009
By CHRISTINA TATU
FRANKFORD -- Township residents today will have the first recall election for a government official in Sussex County's history.
The first question on the special election ballot will ask voters if they wish to recall Mayor Paul Sutphen from the Township Committee. A second question will ask voters to choose a replacement if Sutphen is recalled.
New Jersey's election law allows Sutphen to run on the ballot as a candidate for his own seat.
Sutphen, 72, and local veterinarian and recall activist Emery "Sam" Castimore, 59, will appear on the ballot as candidates for the seat.
The special election will take place during regular election hours from 6 a.m. to 8 p.m.
Frankford's four voting districts are located at the municipal building, 151 state Route 206, Augusta; at the Frankford Township School, 2 Pines Road; at the Frankford Township Firehouse 2, 34 Pelletown Road; and at the American Legion, 157 state Route 206.
To have the recall election, petitioners needed to gather the signatures of at least 25 percent of the municipality's voters registered during the last general election.
The special election will cost township taxpayers about $15,500.
Sutphen, an opponent of the proposed Sussex Commons outlet mall, entered office in 2008, with his first term set to expire December 2010.
He also has served as a member of the land use board and plan endorsement advisory committee since 2008.
Castimore ran against committeeman Robert McDowell in 2006. Castimore has been one of the main supporters of the recall election. If Sutphen is recalled and Castimore is elected, it would be his first time serving on the Township Committee.
By CHRISTINA TATU
FRANKFORD -- Township residents today will have the first recall election for a government official in Sussex County's history.
The first question on the special election ballot will ask voters if they wish to recall Mayor Paul Sutphen from the Township Committee. A second question will ask voters to choose a replacement if Sutphen is recalled.
New Jersey's election law allows Sutphen to run on the ballot as a candidate for his own seat.
Sutphen, 72, and local veterinarian and recall activist Emery "Sam" Castimore, 59, will appear on the ballot as candidates for the seat.
The special election will take place during regular election hours from 6 a.m. to 8 p.m.
Frankford's four voting districts are located at the municipal building, 151 state Route 206, Augusta; at the Frankford Township School, 2 Pines Road; at the Frankford Township Firehouse 2, 34 Pelletown Road; and at the American Legion, 157 state Route 206.
To have the recall election, petitioners needed to gather the signatures of at least 25 percent of the municipality's voters registered during the last general election.
The special election will cost township taxpayers about $15,500.
Sutphen, an opponent of the proposed Sussex Commons outlet mall, entered office in 2008, with his first term set to expire December 2010.
He also has served as a member of the land use board and plan endorsement advisory committee since 2008.
Castimore ran against committeeman Robert McDowell in 2006. Castimore has been one of the main supporters of the recall election. If Sutphen is recalled and Castimore is elected, it would be his first time serving on the Township Committee.
20091206
Frankford recall election Tuesday
December 6, 2009
By CHRISTINA TATU
FRANKFORD -- After more than a year of political strife, voters will get their say on whether to recall Mayor Paul Sutphen during a special election Tuesday.
This is the first recall election for a government official to make it to the ballot in Sussex County.
In a twist of New Jersey's election laws, the same ballot also will give voters the opportunity to vote Sutphen back into office should he be recalled.
The first question will ask voters if they wish to recall Sutphen. A second question will ask voters to choose a replacement, in the event Sutphen is recalled. Sutphen and local veterinarian Emery "Sam" Castimore are the listed candidates.
"You may have an instance where a majority of voters favor the recall, but a plurality elects the same individual," said Jon Moran, New Jersey League of Municipalities senior legislative analyst. "When the law was written, I don't think it was anticipated that an individual who was subject to a recall might access the ballot to be his own
replacement."
Moran, who has been with the League for 24 years, was unaware of any instance where a candidate was recalled, but elected back into office on the same ballot. Recall elections in New Jersey are very rare, Moran said. On average, he estimates there are at least two petition drives per year, but the number of petitions that actually make it to an election are rarer still.
To hold a local recall election, a petition must include the signatures of at least 25 percent of the municipality's voters registered during the last general election.
For a special election, they must state their intention on the petition and include the cost of the election -- estimated at $15,500 in Frankford's case.
The signatures must be verified by the township clerk and can be challenged by the committeeman who is subject to the recall.
Moran said the laws are purposefully difficult.
"I think these laws were put into place so that there could be some continuity in the government and the system can't be gamed," he said. "If there was a significant political opposition to a municipal official, they might want to disrupt his or her tenure in office with repeated recall drives."
The Frankford election is the first recall of a government official to come to fruition in Sussex County, although Hardyston voters were successful in recalling Hardyston school board President Marbeth Boffa last April, making her only the second school board member recalled in New Jersey.
Last year, three petition drives to recall Sparta committee members failed to gather enough signatures.
In Stillwater, a petition aimed at recalling committee member Al Fuoco was approved for the November 2008 ballot, but Fuoco resigned his committee post at the end of August.
Earlier this year, Hopatcong residents started a petition to recall Mayor Sylvia Petillo, but the time limit to file the recall petition expired one week after election day. No petition was filed and the organizers of that drive have not answered questions about the effort.
By CHRISTINA TATU
FRANKFORD -- After more than a year of political strife, voters will get their say on whether to recall Mayor Paul Sutphen during a special election Tuesday.
This is the first recall election for a government official to make it to the ballot in Sussex County.
In a twist of New Jersey's election laws, the same ballot also will give voters the opportunity to vote Sutphen back into office should he be recalled.
The first question will ask voters if they wish to recall Sutphen. A second question will ask voters to choose a replacement, in the event Sutphen is recalled. Sutphen and local veterinarian Emery "Sam" Castimore are the listed candidates.
"You may have an instance where a majority of voters favor the recall, but a plurality elects the same individual," said Jon Moran, New Jersey League of Municipalities senior legislative analyst. "When the law was written, I don't think it was anticipated that an individual who was subject to a recall might access the ballot to be his own
replacement."
Moran, who has been with the League for 24 years, was unaware of any instance where a candidate was recalled, but elected back into office on the same ballot. Recall elections in New Jersey are very rare, Moran said. On average, he estimates there are at least two petition drives per year, but the number of petitions that actually make it to an election are rarer still.
To hold a local recall election, a petition must include the signatures of at least 25 percent of the municipality's voters registered during the last general election.
For a special election, they must state their intention on the petition and include the cost of the election -- estimated at $15,500 in Frankford's case.
The signatures must be verified by the township clerk and can be challenged by the committeeman who is subject to the recall.
Moran said the laws are purposefully difficult.
"I think these laws were put into place so that there could be some continuity in the government and the system can't be gamed," he said. "If there was a significant political opposition to a municipal official, they might want to disrupt his or her tenure in office with repeated recall drives."
The Frankford election is the first recall of a government official to come to fruition in Sussex County, although Hardyston voters were successful in recalling Hardyston school board President Marbeth Boffa last April, making her only the second school board member recalled in New Jersey.
Last year, three petition drives to recall Sparta committee members failed to gather enough signatures.
In Stillwater, a petition aimed at recalling committee member Al Fuoco was approved for the November 2008 ballot, but Fuoco resigned his committee post at the end of August.
Earlier this year, Hopatcong residents started a petition to recall Mayor Sylvia Petillo, but the time limit to file the recall petition expired one week after election day. No petition was filed and the organizers of that drive have not answered questions about the effort.
20091007
Frankford to lead recall election
October 7, 2009
By CHRISTINA TATU
FRANKFORD — The majority of preparations for the Dec. 8 special election to recall Mayor Paul Sutphen is the responsibility of the municipal clerk, but county officials must assist in the election, a judge ruled Tuesday.
“It is clear in recall election law that the recall election official is the person who has the dominant role. The municipal clerk is the recall election official and must be authorized by law to accept the nominating petitions,” said Superior Court Judge B. Theodore Bozonelis. “But, there is no question that the county clerk and the County Board of Elections must also play a role in this election.”
Preparations for the special election stalled last month when township officials said Sussex County Clerk Erma Gormley and the County Board of Elections were responsible for conducting the special recall election and county officials said the township was responsible.
Sutphen and Sam Castimore submitted petitions last month to appear on the special election ballot, but those petitions sat untouched in the municipal office while county and township officials disagreed on who was responsible for handling them.
Bozonelis admitted the state statutes on recall elections are confusing.
The statute states a special election may follow the guidelines for either a primary or general election, but in a primary election the municipal clerk takes on most of the responsibility for preparing the ballots. During a general election, which involves multiple municipalities, the county clerk is responsible.
Bozonelis ruled township and county officials should follow the guidelines established for a primary election.
“I think you have to go back to the role of the recall official,” Bozonelis said. “If the municipal clerk is the recall election official, which they must be, they should set up the ballot and bear that expense because they are going to be responsible for that anyway.”
According to County Clerk Erma Gormley, during a primary election, the municipal clerk accepts the petitions, assembles the ballot, sends the information to the voting machine company and proofs the final audio and written ballots.
County officials are responsible for assembling the vote-by-mail applications, Gormley said. The Sussex County Board of Elections will assign temporary staff to man the voting machines during the election, said board administrator Marge McCabe.
Frankford clerk Patricia Bussow declined comment Tuesday because she had yet to see Bozonelis’ decision, but said she plans to meet with Gormley Thursday to review the process.
Frankford Township Attorney Kevin Benbrook said he was pleased with the decision.
“Our concern was that we were being left out to run the election without any assistance from the county,” he said.
Last month, Bussow accepted the petitions and Gormley, at the advice of county attorney Dennis McConnell, performed the ballot draw, which determines where names will be placed on the ballot. But since then, no further action has been taken. The next deadline is for the municipal clerk to advertise for the mail-in ballots, which must run in the newspaper Oct. 14 and 18, Gormley said.
“The statute was not clear and Frankford’s attorney was telling (Bussow) that she had no further responsibility and we felt differently,” Gormley said. “I think it was a good decision. It certainly clarifies legislation that is not written well.”
By CHRISTINA TATU
FRANKFORD — The majority of preparations for the Dec. 8 special election to recall Mayor Paul Sutphen is the responsibility of the municipal clerk, but county officials must assist in the election, a judge ruled Tuesday.
“It is clear in recall election law that the recall election official is the person who has the dominant role. The municipal clerk is the recall election official and must be authorized by law to accept the nominating petitions,” said Superior Court Judge B. Theodore Bozonelis. “But, there is no question that the county clerk and the County Board of Elections must also play a role in this election.”
Preparations for the special election stalled last month when township officials said Sussex County Clerk Erma Gormley and the County Board of Elections were responsible for conducting the special recall election and county officials said the township was responsible.
Sutphen and Sam Castimore submitted petitions last month to appear on the special election ballot, but those petitions sat untouched in the municipal office while county and township officials disagreed on who was responsible for handling them.
Bozonelis admitted the state statutes on recall elections are confusing.
The statute states a special election may follow the guidelines for either a primary or general election, but in a primary election the municipal clerk takes on most of the responsibility for preparing the ballots. During a general election, which involves multiple municipalities, the county clerk is responsible.
Bozonelis ruled township and county officials should follow the guidelines established for a primary election.
“I think you have to go back to the role of the recall official,” Bozonelis said. “If the municipal clerk is the recall election official, which they must be, they should set up the ballot and bear that expense because they are going to be responsible for that anyway.”
According to County Clerk Erma Gormley, during a primary election, the municipal clerk accepts the petitions, assembles the ballot, sends the information to the voting machine company and proofs the final audio and written ballots.
County officials are responsible for assembling the vote-by-mail applications, Gormley said. The Sussex County Board of Elections will assign temporary staff to man the voting machines during the election, said board administrator Marge McCabe.
Frankford clerk Patricia Bussow declined comment Tuesday because she had yet to see Bozonelis’ decision, but said she plans to meet with Gormley Thursday to review the process.
Frankford Township Attorney Kevin Benbrook said he was pleased with the decision.
“Our concern was that we were being left out to run the election without any assistance from the county,” he said.
Last month, Bussow accepted the petitions and Gormley, at the advice of county attorney Dennis McConnell, performed the ballot draw, which determines where names will be placed on the ballot. But since then, no further action has been taken. The next deadline is for the municipal clerk to advertise for the mail-in ballots, which must run in the newspaper Oct. 14 and 18, Gormley said.
“The statute was not clear and Frankford’s attorney was telling (Bussow) that she had no further responsibility and we felt differently,” Gormley said. “I think it was a good decision. It certainly clarifies legislation that is not written well.”
20090916
Judge to hear Frankford case
September 16, 2009
By CHRISTINA TATU
FRANKFORD -- A judge will decide next month who is responsible for administering and conducting the special recall election of Frankford Mayor Paul Sutphen. Meanwhile, county officials, stating the election process must move forward, have begun the process of preparing the ballot for the Dec. 8 special election.
Preparations for the special election stalled last month when township officials said Sussex County Clerk Erma Gormley and the County Board of Elections are responsible for conducting the special Dec. 8 recall election and county officials said the township is responsible.
Superior Court Judge B. Theodore Bozonelis will hear the case on Oct. 6 at the Sussex County Courthouse.
To meet Tuesday's deadline to hold the ballot draw -- which determines where names will be placed on the ballot -- Gormley, at the advice of county attorney Dennis McConnell, picked up the petitions. "We have to provide justice to these candidates and have this election move forward in an orderly manner," said Gormley.
"Erma Gormley and I had a discussion yesterday," McConnell said, "and made a decision not to disenfranchise the voters and make sure the process goes forward."
Township attorney Kevin Benbrook earlier this month asked a judge to rule that the county be responsible for the election. Benbrook did not return phone messages left Tuesday.
Sutphen and Sam Castimore submitted petitions last month to appear on the special election ballot, but those petitions were sitting untouched in the municipal office while county and township officials disagreed on who should be responsible for handling them.
Gormley said she is not required to verify the signatures on the petitions unless they are challenged.
For the ballot draw, candidates' names are written on slips of paper that are put inside capsules, which are then placed in a special box. Whichever name is pulled out first is the one that will appear first on the ballot.
According to officials from the State Attorney General's Office, a special election would follow the same standards the law sets forth for a general election. Under those guidelines, the finalized ballots must go to the printer no later than Oct. 26 -- 43 days before the Dec. 8 election.
The ballot draw must be held 85 days before the election, Gormley said.
By CHRISTINA TATU
FRANKFORD -- A judge will decide next month who is responsible for administering and conducting the special recall election of Frankford Mayor Paul Sutphen. Meanwhile, county officials, stating the election process must move forward, have begun the process of preparing the ballot for the Dec. 8 special election.
Preparations for the special election stalled last month when township officials said Sussex County Clerk Erma Gormley and the County Board of Elections are responsible for conducting the special Dec. 8 recall election and county officials said the township is responsible.
Superior Court Judge B. Theodore Bozonelis will hear the case on Oct. 6 at the Sussex County Courthouse.
To meet Tuesday's deadline to hold the ballot draw -- which determines where names will be placed on the ballot -- Gormley, at the advice of county attorney Dennis McConnell, picked up the petitions. "We have to provide justice to these candidates and have this election move forward in an orderly manner," said Gormley.
"Erma Gormley and I had a discussion yesterday," McConnell said, "and made a decision not to disenfranchise the voters and make sure the process goes forward."
Township attorney Kevin Benbrook earlier this month asked a judge to rule that the county be responsible for the election. Benbrook did not return phone messages left Tuesday.
Sutphen and Sam Castimore submitted petitions last month to appear on the special election ballot, but those petitions were sitting untouched in the municipal office while county and township officials disagreed on who should be responsible for handling them.
Gormley said she is not required to verify the signatures on the petitions unless they are challenged.
For the ballot draw, candidates' names are written on slips of paper that are put inside capsules, which are then placed in a special box. Whichever name is pulled out first is the one that will appear first on the ballot.
According to officials from the State Attorney General's Office, a special election would follow the same standards the law sets forth for a general election. Under those guidelines, the finalized ballots must go to the printer no later than Oct. 26 -- 43 days before the Dec. 8 election.
The ballot draw must be held 85 days before the election, Gormley said.
20090901
Frankford takes recall issue to court
August 31, 2009
By CHRISTINA TATU
FRANKFORD -- The battle about who should be responsible for handling the petitions and preparing the ballots for the Dec. 8 special election to recall Mayor Paul Sutphen has halted preparations for the election.
Frankford Township Attorney Kevin Benbrook said he plans to file paperwork this week asking a judge to rule that the county clerk and county Board of Elections assemble the ballots for the special election and also count signatures on petitions for those hoping to fill the vacancy if Sutphen is recalled.
Township officials say Sussex County Clerk Erma Gormley should be responsible for the task and county officials say Township Clerk Patricia Bussow is responsible.
In the meantime, petitions submitted last week by Sutphen and Sam Castimore to appear on the special election ballot are sitting untouched at the municipal office.
Sutphen said committee members Robert McDowell and Bill Hahn authorized Benbrook to file the proper paperwork at the regular Township Committee meeting Thursday. Sutphen recused himself from voting on the issue.
Benbrook said he plans to file the requisite documents in Sussex County court, but the case may go before Judge B. Theodore Bozonelis, in Morristown, since the issue involves county personnel.
State election law does not specify when the ballots must be finalized for a special election, said David Wald, a spokesman for the state attorney general's office, but a special election would follow the same standards the law sets forth for a general election, he said.
According to those deadlines, the finalized ballots must go to the printer no later than Oct. 26 -- 43 days before the Dec. 8 election, Wald said.
Gormley said she would send the ballots to the printer after the municipal clerk prepares them.
"In my opinion, and the opinion of the county counsel, my role is to mail out the absentee ballots and the sample ballots, but I don't prepare them. The (township) clerk does that and when they are done doing that, they deliver them to me and I mail them out," Gormley said. "I'd be more than happy to help with this whole thing if it was approved for me by the county counsel."
Bussow was unavailable for comment Monday.
Sutphen said each petition, the same used for independent candidates hoping to get on an election ballot, states the petition should be accepted by the county clerk.
"I think the (Frankford) clerk is keeping (the petitions) in safe keeping and they will be handled by the party the judge feels is responsible for the election," Sutphen said.
"I'm happy that this will probably get resolved by a judge, which gives it more credibility and that's fine with me," Castimore said. "At times, the law is crystal clear and other times it's a bit confusing. The people are always safer if we have the blessing of a judge."
By CHRISTINA TATU
FRANKFORD -- The battle about who should be responsible for handling the petitions and preparing the ballots for the Dec. 8 special election to recall Mayor Paul Sutphen has halted preparations for the election.
Frankford Township Attorney Kevin Benbrook said he plans to file paperwork this week asking a judge to rule that the county clerk and county Board of Elections assemble the ballots for the special election and also count signatures on petitions for those hoping to fill the vacancy if Sutphen is recalled.
Township officials say Sussex County Clerk Erma Gormley should be responsible for the task and county officials say Township Clerk Patricia Bussow is responsible.
In the meantime, petitions submitted last week by Sutphen and Sam Castimore to appear on the special election ballot are sitting untouched at the municipal office.
Sutphen said committee members Robert McDowell and Bill Hahn authorized Benbrook to file the proper paperwork at the regular Township Committee meeting Thursday. Sutphen recused himself from voting on the issue.
Benbrook said he plans to file the requisite documents in Sussex County court, but the case may go before Judge B. Theodore Bozonelis, in Morristown, since the issue involves county personnel.
State election law does not specify when the ballots must be finalized for a special election, said David Wald, a spokesman for the state attorney general's office, but a special election would follow the same standards the law sets forth for a general election, he said.
According to those deadlines, the finalized ballots must go to the printer no later than Oct. 26 -- 43 days before the Dec. 8 election, Wald said.
Gormley said she would send the ballots to the printer after the municipal clerk prepares them.
"In my opinion, and the opinion of the county counsel, my role is to mail out the absentee ballots and the sample ballots, but I don't prepare them. The (township) clerk does that and when they are done doing that, they deliver them to me and I mail them out," Gormley said. "I'd be more than happy to help with this whole thing if it was approved for me by the county counsel."
Bussow was unavailable for comment Monday.
Sutphen said each petition, the same used for independent candidates hoping to get on an election ballot, states the petition should be accepted by the county clerk.
"I think the (Frankford) clerk is keeping (the petitions) in safe keeping and they will be handled by the party the judge feels is responsible for the election," Sutphen said.
"I'm happy that this will probably get resolved by a judge, which gives it more credibility and that's fine with me," Castimore said. "At times, the law is crystal clear and other times it's a bit confusing. The people are always safer if we have the blessing of a judge."
20090826
Frankford clerk takes candidates' petitions
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.
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.
20090825
Discord blurs Frankford election
August 25, 2009
By CHRISTINA TATU
FRANKFORD -- The 4 p.m. deadline today to submit petitions to fill a possible vacancy on the Frankford Township Committee is clear. Who should accept those petitions is not as clear.
County officials say acting Frankford Township Clerk Patricia Bussow should accept petitions for those hoping to fill the vacancy that may occur if Mayor Paul Sutphen is recalled. But township attorney Kevin Benbrook says County Clerk Erma Gormley should accept
petitions.
"Our reading of the statute says the recall election official is the authorized person to accept nominating petitions," Gormley said Monday.
Gormley said she was advised by the state Attorney General's Office and county attorney Dennis McConnell that Bussow should accept the petitions.
According to Benbrook's interpretation of the state statute, Bussow should be responsible only for the receipt, review and verification of the actual recall petition, not the candidate petitions. The law says it is the duty of the county election official to distribute and collect petitions for those wanting to appear on the ballot, Benbrook said.
"...it is the county clerk that runs every other local election, she has the expertise, and it is clear in my judgment that the recall statute, in requiring her to prepare and distribute the ballots and receive nominating petitions and political party selections, contemplates that she conduct the recall election," Benbrook said in a Friday e-mail sent to Bussow and McConnell.
If a decision cannot be reached by today, it may be up to a judge to decide who will accept the petitions, Benbrook said.
According to Gormley, Sutphen attempted to turn in a petition Friday, but she turned him away. Although he is up for recall, Sutphen still can petition to be on the Dec. 8 ballot. Sam Castimore, a member of the recall committee, also planned to submit petitions. Castimore said he had 167 signatures and Sutphen said he had 145, both candidates securing more than the minimum required.
The ballot will have two questions: First, determined by a majority yes or no vote, should Sutphen be recalled from the office of mayor and second, determined by the most votes, if Sutphen is recalled, who should fill his seat.
Sussex County Republican and Democratic Committees also have until this afternoon to nominate a candidate.
Martin Morrison, chairman of the Frankford Republican Committee, said the group had several candidates in mind, but none were willing to commit to the position on such short notice. Sussex County Republicans interviewed Sutphen and Castimore, and discussed several other candidates Saturday, but decided not to nominate anyone, said Frankford Republican Committee Chair Jim Ayers.
"Recall election law is not clear. At best, I think it's purposefully difficult because this is something that's not to be done on a whim," Gormley said, noting this is the first time in Sussex County history that a municipal recall has proceeded so far.
In April 2008, Hardyston voters successfully recalled school board president Marbeth Boffa, making her only the second school board member to be recalled in New Jersey history. The municipal clerk collected petitions from candidates during that election, Gormley said.
By CHRISTINA TATU
FRANKFORD -- The 4 p.m. deadline today to submit petitions to fill a possible vacancy on the Frankford Township Committee is clear. Who should accept those petitions is not as clear.
County officials say acting Frankford Township Clerk Patricia Bussow should accept petitions for those hoping to fill the vacancy that may occur if Mayor Paul Sutphen is recalled. But township attorney Kevin Benbrook says County Clerk Erma Gormley should accept
petitions.
"Our reading of the statute says the recall election official is the authorized person to accept nominating petitions," Gormley said Monday.
Gormley said she was advised by the state Attorney General's Office and county attorney Dennis McConnell that Bussow should accept the petitions.
According to Benbrook's interpretation of the state statute, Bussow should be responsible only for the receipt, review and verification of the actual recall petition, not the candidate petitions. The law says it is the duty of the county election official to distribute and collect petitions for those wanting to appear on the ballot, Benbrook said.
"...it is the county clerk that runs every other local election, she has the expertise, and it is clear in my judgment that the recall statute, in requiring her to prepare and distribute the ballots and receive nominating petitions and political party selections, contemplates that she conduct the recall election," Benbrook said in a Friday e-mail sent to Bussow and McConnell.
If a decision cannot be reached by today, it may be up to a judge to decide who will accept the petitions, Benbrook said.
According to Gormley, Sutphen attempted to turn in a petition Friday, but she turned him away. Although he is up for recall, Sutphen still can petition to be on the Dec. 8 ballot. Sam Castimore, a member of the recall committee, also planned to submit petitions. Castimore said he had 167 signatures and Sutphen said he had 145, both candidates securing more than the minimum required.
The ballot will have two questions: First, determined by a majority yes or no vote, should Sutphen be recalled from the office of mayor and second, determined by the most votes, if Sutphen is recalled, who should fill his seat.
Sussex County Republican and Democratic Committees also have until this afternoon to nominate a candidate.
Martin Morrison, chairman of the Frankford Republican Committee, said the group had several candidates in mind, but none were willing to commit to the position on such short notice. Sussex County Republicans interviewed Sutphen and Castimore, and discussed several other candidates Saturday, but decided not to nominate anyone, said Frankford Republican Committee Chair Jim Ayers.
"Recall election law is not clear. At best, I think it's purposefully difficult because this is something that's not to be done on a whim," Gormley said, noting this is the first time in Sussex County history that a municipal recall has proceeded so far.
In April 2008, Hardyston voters successfully recalled school board president Marbeth Boffa, making her only the second school board member to be recalled in New Jersey history. The municipal clerk collected petitions from candidates during that election, Gormley said.
20090820
Frankford special election deadline looms
August 20, 2009
By CHRISTINA TATU
FRANKFORD -- While the election may be 31/2 months away, the deadline for candidates hoping to run against Mayor Paul Sutphen in the Dec. 8 special election to recall him is only days away.
Sussex County's Republican and Democratic committees have until Saturday to decide whether they will put up a candidate to run for Sutphen's seat.
Ailish Hambel, chairwoman of the Sussex County Republican Committee, and Edwin Selby, chairman of the Sussex County Democratic Committee, were notified Wednesday they needed to find candidates.
Both said they will pass the duty on to the township's local party committees.
Frankford's acting clerk, Patricia Bussow, said candidates also can file themselves by filling out an application and getting at least 100 signatures on an election petition.
According to township attorney Kevin Benbrook, those petitions also are due Saturday.
Bussow said she handed out two applications, but has yet to receive any petitions. Bussow declined to comment on who picked up those applications.
Jim Ayers, Frankford's Republican Committee representative did not return phone calls seeking comment Wednesday. Hambel said she was not sure whom Ayers was considering for the position.
"We decided to give consideration to who might be a potential candidate but we don't have anyone in particular that is in mind right now," said Martin Morrison, Frankford's Democratic Committee representative, Wednesday.
According to Marge McCabe, Sussex County Administrator of the County's Board of Elections, even though he is the subject of December's recall, Sutphen may still run as an independent candidate on the ballot.
Sutphen said he was not entirely sure whether he would petition to be on the ballot, but said it's a strong possibility.
"I am interested in completing this term that I was elected to serve," Sutphen said. "I don't know one way or the other at this point, but I guess if (I'm not elected) by nomination, then it will have to be by petition."
Officials from the committee to recall Sutphen did not return phone calls seeking comment Wednesday.
According to McCabe, the ballot will read, "Shall Paul Sutphen be recalled from the office of Mayor," and will be a majority yes or no vote. The second question of whom should succeed Sutphen will be determined by which candidate has the most number of votes.
By CHRISTINA TATU
FRANKFORD -- While the election may be 31/2 months away, the deadline for candidates hoping to run against Mayor Paul Sutphen in the Dec. 8 special election to recall him is only days away.
Sussex County's Republican and Democratic committees have until Saturday to decide whether they will put up a candidate to run for Sutphen's seat.
Ailish Hambel, chairwoman of the Sussex County Republican Committee, and Edwin Selby, chairman of the Sussex County Democratic Committee, were notified Wednesday they needed to find candidates.
Both said they will pass the duty on to the township's local party committees.
Frankford's acting clerk, Patricia Bussow, said candidates also can file themselves by filling out an application and getting at least 100 signatures on an election petition.
According to township attorney Kevin Benbrook, those petitions also are due Saturday.
Bussow said she handed out two applications, but has yet to receive any petitions. Bussow declined to comment on who picked up those applications.
Jim Ayers, Frankford's Republican Committee representative did not return phone calls seeking comment Wednesday. Hambel said she was not sure whom Ayers was considering for the position.
"We decided to give consideration to who might be a potential candidate but we don't have anyone in particular that is in mind right now," said Martin Morrison, Frankford's Democratic Committee representative, Wednesday.
According to Marge McCabe, Sussex County Administrator of the County's Board of Elections, even though he is the subject of December's recall, Sutphen may still run as an independent candidate on the ballot.
Sutphen said he was not entirely sure whether he would petition to be on the ballot, but said it's a strong possibility.
"I am interested in completing this term that I was elected to serve," Sutphen said. "I don't know one way or the other at this point, but I guess if (I'm not elected) by nomination, then it will have to be by petition."
Officials from the committee to recall Sutphen did not return phone calls seeking comment Wednesday.
According to McCabe, the ballot will read, "Shall Paul Sutphen be recalled from the office of Mayor," and will be a majority yes or no vote. The second question of whom should succeed Sutphen will be determined by which candidate has the most number of votes.
20090806
Frankford recall election likely
August 6, 2009
By CHRISTINA TATU
FRANKFORD -- Mayor Paul Sutphen did not challenge a petition to recall him from office and said he does not intend to resign.
Wednesday was the deadline for Sutphen to file an objection to the recall in state Superior Court and he is allowed an additional five days to decide whether he will resign before the process begins for the special election to be held Dec. 8.
"I think this is a waste of taxpayers' money and I am hoping that the people, the three-quarters who did not sign the petition, will come out
and vote for not recalling me,"
Sutphen said.
According to county election officials, a special election in Frankford would cost at least $15,500.
Recall organizers believe Sutphen should resign and save taxpayers the cost of the special election.
"The township does have the final say in a special election, but Mr. Sutphen could save the taxpayers the money realizing that more people have signed the petition than have voted for him by almost a 2 to 1 margin," said recall spokesman George Lista in a statement Wednesday. "Inasmuch as it is about Paul and his personal agenda, it is also about fairness and change the township is looking for."
On July 23, Sutphen challenged more than 500 signatures on the petition, and recall organizers challenged Frankford Township Administrator Louanne Cular's decision to invalidate 164 of the signatures.
Cular declared 1,055 of the signatures valid, sufficient to hold a special election. At least 1,030 signatures are needed -- 25 percent of Frankford voters registered during the last general election.
Sutphen had 10 business days from July 23 to decide whether he would challenge Cular's decision to uphold the petition.
"These people are already burdening the township with a $15,500 election," Sutphen said. If he challenged Cular's decision to uphold the petition, the township would incur additional fees since the township attorney would need to represent Cular in court, Sutphen said.
He said the township already has incurred additional costs related to the recall, including paying township attorney Kevin Benbrook for additional counsel and paying Cular for overtime spent tallying signatures.
Cular, who is retiring after 30 years as township administrator, is the only township employee certified as an election official, and therefore the only one eligible to act as the official liaison between the township and recall
organizers.
Cular announced her retirement in June and was taking accumulated vacation time when she was required to return to the office and count signatures. Cular estimated spending about 80 hours overtime, counting and verifying signatures, and re-verifying those same signatures when Sutphen and recall organizers objected.
At $47 per hour, Cular's salary, 80 hours of overtime would total $5,640 at time-and-a-half rate of $70.50.
Cular said she occasionally had two deputies in the office help her with recall duties, but she handled the majority of the work.
"It was a tremendous amount of time, both with the petition and the objections, because it's almost double the amount of time when objections come in and you have to go back and do everything all over again," Cular said.
Cular said she plans to certify the date for the special election today -- technically in time to get the recall question on the general election ballot.
However, according to county Board of Elections Administrator Marge McCabe, state law requires that if a group requests a special election for the recall, then a special election must be held, even if the recall petition is verified in time to make it on November's ballot.
Before a petition can be circulated, it must state on the petition whether the group plans to have a special election.
Lista said the group requested a special election this time around, after the petition to recall Deputy Mayor Robert McDowell was challenged in state Superior Court last year, and not verified in time for November's election. Recall activists anticipated the possibility that Sutphen may also challenge a recall. If the group did not request a special election, and the petition was not verified by deadline for November's ballot, the petition would be considered invalid, Lista said.
By CHRISTINA TATU
FRANKFORD -- Mayor Paul Sutphen did not challenge a petition to recall him from office and said he does not intend to resign.
Wednesday was the deadline for Sutphen to file an objection to the recall in state Superior Court and he is allowed an additional five days to decide whether he will resign before the process begins for the special election to be held Dec. 8.
"I think this is a waste of taxpayers' money and I am hoping that the people, the three-quarters who did not sign the petition, will come out
and vote for not recalling me,"
Sutphen said.
According to county election officials, a special election in Frankford would cost at least $15,500.
Recall organizers believe Sutphen should resign and save taxpayers the cost of the special election.
"The township does have the final say in a special election, but Mr. Sutphen could save the taxpayers the money realizing that more people have signed the petition than have voted for him by almost a 2 to 1 margin," said recall spokesman George Lista in a statement Wednesday. "Inasmuch as it is about Paul and his personal agenda, it is also about fairness and change the township is looking for."
On July 23, Sutphen challenged more than 500 signatures on the petition, and recall organizers challenged Frankford Township Administrator Louanne Cular's decision to invalidate 164 of the signatures.
Cular declared 1,055 of the signatures valid, sufficient to hold a special election. At least 1,030 signatures are needed -- 25 percent of Frankford voters registered during the last general election.
Sutphen had 10 business days from July 23 to decide whether he would challenge Cular's decision to uphold the petition.
"These people are already burdening the township with a $15,500 election," Sutphen said. If he challenged Cular's decision to uphold the petition, the township would incur additional fees since the township attorney would need to represent Cular in court, Sutphen said.
He said the township already has incurred additional costs related to the recall, including paying township attorney Kevin Benbrook for additional counsel and paying Cular for overtime spent tallying signatures.
Cular, who is retiring after 30 years as township administrator, is the only township employee certified as an election official, and therefore the only one eligible to act as the official liaison between the township and recall
organizers.
Cular announced her retirement in June and was taking accumulated vacation time when she was required to return to the office and count signatures. Cular estimated spending about 80 hours overtime, counting and verifying signatures, and re-verifying those same signatures when Sutphen and recall organizers objected.
At $47 per hour, Cular's salary, 80 hours of overtime would total $5,640 at time-and-a-half rate of $70.50.
Cular said she occasionally had two deputies in the office help her with recall duties, but she handled the majority of the work.
"It was a tremendous amount of time, both with the petition and the objections, because it's almost double the amount of time when objections come in and you have to go back and do everything all over again," Cular said.
Cular said she plans to certify the date for the special election today -- technically in time to get the recall question on the general election ballot.
However, according to county Board of Elections Administrator Marge McCabe, state law requires that if a group requests a special election for the recall, then a special election must be held, even if the recall petition is verified in time to make it on November's ballot.
Before a petition can be circulated, it must state on the petition whether the group plans to have a special election.
Lista said the group requested a special election this time around, after the petition to recall Deputy Mayor Robert McDowell was challenged in state Superior Court last year, and not verified in time for November's election. Recall activists anticipated the possibility that Sutphen may also challenge a recall. If the group did not request a special election, and the petition was not verified by deadline for November's ballot, the petition would be considered invalid, Lista said.
20090724
Frankford may hold recall election Dec. 8
July 24, 2009
By CHRISTINA TATU
FRANKFORD -- If a petition to recall Mayor Paul Sutphen goes unchallenged, it is likely a special election will be held Dec. 8.
Frankford Township Clerk Louanne Cular finished reviewing the recall petition for a second time Wednesday and declared 1,055 of the signatures valid, sufficient to hold a special election.
The petition originally had 1,230 signatures. Earlier this month, Sutphen challenged the validity of more than 500 signatures on the petition and recall organizers challenged Cular's decision to invalidate 164 of the signatures.
At least 1,030 signatures are needed -- 25 percent of Frankford voters registered during the last general election.
Many of the invalidated signatures were deleted because they were either duplicate signatures or illegible, Cular said.
County election officials estimated a special election would cost at least $15,500.
Sutphen has 10 business days to decide if he will challenge the petition in Superior Court. If the 10 days pass and Sutphen does not challenge the petition, he has an additional five days to declare whether he will resign.
"I have time here under the statute to examine my options and I think I'm going to do that," Sutphen said Thursday.
He said he will not resign from his term, which expires in December 2010.
"I haven't done anything wrong, and if you haven't done anything wrong, why would you want to resign? That's my opinion," Sutphen said.
Recall activists said in a statement Thursday that Sutphen should resign so taxpayers don't have to foot the $15,500 cost of the special election.
"...If Mayor Sutphen chooses not to resign, the taxpayers will bear the cost of a special election, or if Mayor Sutphen chooses to continue to challenge the certification by the election official, the taxpayers will bear the expense to defend the clerk's decision in court," read the statement issued by recall spokesman George Lista.
During the past year, several recall efforts have been launched in the county, but to date only one of those efforts has resulted in a recall.
In April 2008, Hardyston voters successfully recalled school board president Marbeth Boffa, making her only the second school board member to be recalled in New Jersey history. But, she retained her seat because voters also chose her to
Last year, Stillwater residents succeeded in collecting enough signatures to recall Committeeman Al Fuoco, but he resigned before the question could be voted on in the general election.
In Sparta, last year's effort to recall Mayor Michael Spekhardt and councilmen Brian Brady and Manny Goldberg fell short of the 3,000-plus required number of signatures.
Most recently, a recall has begun in Hopatcong Borough to recall Mayor Sylvia Petillo.
By CHRISTINA TATU
FRANKFORD -- If a petition to recall Mayor Paul Sutphen goes unchallenged, it is likely a special election will be held Dec. 8.
Frankford Township Clerk Louanne Cular finished reviewing the recall petition for a second time Wednesday and declared 1,055 of the signatures valid, sufficient to hold a special election.
The petition originally had 1,230 signatures. Earlier this month, Sutphen challenged the validity of more than 500 signatures on the petition and recall organizers challenged Cular's decision to invalidate 164 of the signatures.
At least 1,030 signatures are needed -- 25 percent of Frankford voters registered during the last general election.
Many of the invalidated signatures were deleted because they were either duplicate signatures or illegible, Cular said.
County election officials estimated a special election would cost at least $15,500.
Sutphen has 10 business days to decide if he will challenge the petition in Superior Court. If the 10 days pass and Sutphen does not challenge the petition, he has an additional five days to declare whether he will resign.
"I have time here under the statute to examine my options and I think I'm going to do that," Sutphen said Thursday.
He said he will not resign from his term, which expires in December 2010.
"I haven't done anything wrong, and if you haven't done anything wrong, why would you want to resign? That's my opinion," Sutphen said.
Recall activists said in a statement Thursday that Sutphen should resign so taxpayers don't have to foot the $15,500 cost of the special election.
"...If Mayor Sutphen chooses not to resign, the taxpayers will bear the cost of a special election, or if Mayor Sutphen chooses to continue to challenge the certification by the election official, the taxpayers will bear the expense to defend the clerk's decision in court," read the statement issued by recall spokesman George Lista.
During the past year, several recall efforts have been launched in the county, but to date only one of those efforts has resulted in a recall.
In April 2008, Hardyston voters successfully recalled school board president Marbeth Boffa, making her only the second school board member to be recalled in New Jersey history. But, she retained her seat because voters also chose her to
Last year, Stillwater residents succeeded in collecting enough signatures to recall Committeeman Al Fuoco, but he resigned before the question could be voted on in the general election.
In Sparta, last year's effort to recall Mayor Michael Spekhardt and councilmen Brian Brady and Manny Goldberg fell short of the 3,000-plus required number of signatures.
Most recently, a recall has begun in Hopatcong Borough to recall Mayor Sylvia Petillo.
20090712
Frankford mayor disputes recall
July 11, 2009
By CHRISTINA TATU
FRANKFORD -- Mayor Paul Sutphen is challenging the validity of more than 500 signatures on a recall petition while recall organizers are challenging the township clerk's decision to invalidate 164 of the petition's signatures.
Both groups filed their challenges with township clerk Louanne Cular last week.
On June 25, Cular declared the petition was valid. Although she dismissed 164 signatures, the petition's 1,066 signatures still surpassed the required number of 1,030, or 25 percent of Frankford's registered voters in the last general election.
Cular said she will review the petition again Monday with township attorney Kevin Benbrook.
Cular said she rejected the 164 signatures because some of them belo-nged to voters who had been deleted from the township's system because they had died. Others had illegible signatures or did not check boxes next to their names stating they read and understood what they were signing.
George Lista, a spokesman for the recall group, said along with their objection to Cular's decision to eliminate the signatures, they also sent valid voter registration cards for about 122 of the signatures and requested that those 122 signatures be considered valid.
The recall committee's attorney, Ed Buzak of Montville, also will review the petition with Cular and Benbrook, Lista said.
Cular said Sutphen questioned more than 500 signatures on the petition. Sutphen declined to comment on why he objected to the signatures, but Cular said he questioned whether some of them had been forged and whether they belonged to voters registered in the township.
"I did challenge the recall," Sutphen said. "I should not be recalled from office because I have not done anything wrong and I want to maintain doing my job for the township," he said. "I swore I'd finish my term."
Sutphen is up for re-election in 2010.
State law does not set a deadline for how long the clerk has to re-verify the signatures, but it does say the review should be carried out in an "expedited manner."
Recall petitioners have requested a special election to recall Sutphen, which according to county election officials could cost Frankford taxpayers about $15,500. Petitioners hope the special election is as early as September.
By CHRISTINA TATU
FRANKFORD -- Mayor Paul Sutphen is challenging the validity of more than 500 signatures on a recall petition while recall organizers are challenging the township clerk's decision to invalidate 164 of the petition's signatures.
Both groups filed their challenges with township clerk Louanne Cular last week.
On June 25, Cular declared the petition was valid. Although she dismissed 164 signatures, the petition's 1,066 signatures still surpassed the required number of 1,030, or 25 percent of Frankford's registered voters in the last general election.
Cular said she will review the petition again Monday with township attorney Kevin Benbrook.
Cular said she rejected the 164 signatures because some of them belo-nged to voters who had been deleted from the township's system because they had died. Others had illegible signatures or did not check boxes next to their names stating they read and understood what they were signing.
George Lista, a spokesman for the recall group, said along with their objection to Cular's decision to eliminate the signatures, they also sent valid voter registration cards for about 122 of the signatures and requested that those 122 signatures be considered valid.
The recall committee's attorney, Ed Buzak of Montville, also will review the petition with Cular and Benbrook, Lista said.
Cular said Sutphen questioned more than 500 signatures on the petition. Sutphen declined to comment on why he objected to the signatures, but Cular said he questioned whether some of them had been forged and whether they belonged to voters registered in the township.
"I did challenge the recall," Sutphen said. "I should not be recalled from office because I have not done anything wrong and I want to maintain doing my job for the township," he said. "I swore I'd finish my term."
Sutphen is up for re-election in 2010.
State law does not set a deadline for how long the clerk has to re-verify the signatures, but it does say the review should be carried out in an "expedited manner."
Recall petitioners have requested a special election to recall Sutphen, which according to county election officials could cost Frankford taxpayers about $15,500. Petitioners hope the special election is as early as September.
20090625
Clerk says recall petition valid
June 25, 2009
By CHRISTINA TATU
FRANKFORD -- The signatures to recall Mayor Paul Sutphen were verified by Township Clerk Louanne Cular Wednesday afternoon.
"It's a valid petition as far as I'm concerned," Cular said. "They had enough signatures and met all the legal requirements."
Township officials received the petition and its 1,230 signatures on June 11.
Cular said Sutphen, whose term expires in 2010, will have 10 business days to challenge the recall.
George Lista, a spokesperson for the recall committee, did not return phone calls seeking comment Wednesday.
According to County Board of Elections Administrator Marge McCabe, Sutphen could challenge the recall if he believes those signing the petition were not residents of the township, were not of legal voting age, or their signatures were forged.
If Sutphen files a complaint, it will then be up to Cular to re-verify the signatures in question.
If the recall committee or Sutphen disagrees with Cular's findings, they could challenge her decision in superior court, McCabe said.
"I think it's a little premature to say what I'm going to do at this point," Sutphen said. "We are certainly going to do everything the statute allows us to do."
As of Wednesday, Sutphen said he had yet to inspect the petition.
"I am not resigning," he said. "It's disappointing that this petition is being certified by the election official and it's going to cost a lot of money to go to a special election, which is money we would rather not spend at this point."
The petitioners have requested a special election, which according to county election officials could cost Frankford taxpayers about $15,500. Petitioners said the special election is expected to be held in September.
Last year's petition to recall Deputy Mayor Robert McDowell was rejected by Cular for failure to properly number each section of the petition.
By CHRISTINA TATU
FRANKFORD -- The signatures to recall Mayor Paul Sutphen were verified by Township Clerk Louanne Cular Wednesday afternoon.
"It's a valid petition as far as I'm concerned," Cular said. "They had enough signatures and met all the legal requirements."
Township officials received the petition and its 1,230 signatures on June 11.
Cular said Sutphen, whose term expires in 2010, will have 10 business days to challenge the recall.
George Lista, a spokesperson for the recall committee, did not return phone calls seeking comment Wednesday.
According to County Board of Elections Administrator Marge McCabe, Sutphen could challenge the recall if he believes those signing the petition were not residents of the township, were not of legal voting age, or their signatures were forged.
If Sutphen files a complaint, it will then be up to Cular to re-verify the signatures in question.
If the recall committee or Sutphen disagrees with Cular's findings, they could challenge her decision in superior court, McCabe said.
"I think it's a little premature to say what I'm going to do at this point," Sutphen said. "We are certainly going to do everything the statute allows us to do."
As of Wednesday, Sutphen said he had yet to inspect the petition.
"I am not resigning," he said. "It's disappointing that this petition is being certified by the election official and it's going to cost a lot of money to go to a special election, which is money we would rather not spend at this point."
The petitioners have requested a special election, which according to county election officials could cost Frankford taxpayers about $15,500. Petitioners said the special election is expected to be held in September.
Last year's petition to recall Deputy Mayor Robert McDowell was rejected by Cular for failure to properly number each section of the petition.
20081231
Movement to recall 2 Frankford officials hits another snag
December 31, 2008
BY JIM LOCKWOOD
Star-Ledger Staff
Frankford residents thought they were going by the book when they started their most-recent effort to recall township Mayor Bob McDowell and Committeeman Paul Sutphen.
The residents got the recall-petition form right off the state Division of Elections website and submitted it to municipal clerk Louanne Cular, who on Dec. 18 approved the form. That was the first of various legal steps required in the lengthy recall process.
However, an eagle-eyed recall activist, Jesse Wolosky of Sparta, who has been helping the Frankford petitioners, spotted a problem with the state's three-page form: It stated each page containing signatures must be notarized, but only provided a notarization line on the final page.
The petitioners had been down this road before. A prior recall petition against McDowell was rejected in August by Cular because not all pages were sequentially numbered. In that case, the petitioners sued, but a judge last month dismissed the petition, ruling that it had been submitted too late to get on the Nov. 4, 2008 ballot.
This time, the petitioners alerted Cular about the apparent technicality, and she contacted the township attorney. He agreed that the state forms seemed flawed and probably would not hold up in court if challenged, Cular said.
"It appears the state form does not comply with the state statute," Cular said. "The state came up with a new recall form and that's what they (petitioners) submitted to me, so I approved it. But this form would be challenged in court, so we said, 'Let's start all over.'"
The petitioners and town officials agreed that a notarization line should be added and the petition forms resubmitted to Cular for approval, which was done yesterday, said petitioner Gary Larson.
"It's no different than last time, when we got blown out on a technicality. Luckily, it was spotted before we got started" collecting the 1,030 signatures needed per petition to force recall elections. "We're just trying to make sure we cover every base."
The state's form was indeed incorrect, and it was removed yesterday from the website after the division learned of it, said state Division of Elections director Bob Giles.
"They are correct. The notaries should be on every signature page," Giles said. "This was a draft version. It shouldn't have been out there."
Giles also noted that the state website usually contains a disclaimer that its forms are for informational purposes, and residents should obtain their own legal advice.
Larson said the recall process should be readily understandable to laymen and simpler to implement, and should not be prone to technicalities or require an attorney.
"A page that you print off from a state website -- that should be a done deal," Larson said.
BY JIM LOCKWOOD
Star-Ledger Staff
Frankford residents thought they were going by the book when they started their most-recent effort to recall township Mayor Bob McDowell and Committeeman Paul Sutphen.
The residents got the recall-petition form right off the state Division of Elections website and submitted it to municipal clerk Louanne Cular, who on Dec. 18 approved the form. That was the first of various legal steps required in the lengthy recall process.
However, an eagle-eyed recall activist, Jesse Wolosky of Sparta, who has been helping the Frankford petitioners, spotted a problem with the state's three-page form: It stated each page containing signatures must be notarized, but only provided a notarization line on the final page.
The petitioners had been down this road before. A prior recall petition against McDowell was rejected in August by Cular because not all pages were sequentially numbered. In that case, the petitioners sued, but a judge last month dismissed the petition, ruling that it had been submitted too late to get on the Nov. 4, 2008 ballot.
This time, the petitioners alerted Cular about the apparent technicality, and she contacted the township attorney. He agreed that the state forms seemed flawed and probably would not hold up in court if challenged, Cular said.
"It appears the state form does not comply with the state statute," Cular said. "The state came up with a new recall form and that's what they (petitioners) submitted to me, so I approved it. But this form would be challenged in court, so we said, 'Let's start all over.'"
The petitioners and town officials agreed that a notarization line should be added and the petition forms resubmitted to Cular for approval, which was done yesterday, said petitioner Gary Larson.
"It's no different than last time, when we got blown out on a technicality. Luckily, it was spotted before we got started" collecting the 1,030 signatures needed per petition to force recall elections. "We're just trying to make sure we cover every base."
The state's form was indeed incorrect, and it was removed yesterday from the website after the division learned of it, said state Division of Elections director Bob Giles.
"They are correct. The notaries should be on every signature page," Giles said. "This was a draft version. It shouldn't have been out there."
Giles also noted that the state website usually contains a disclaimer that its forms are for informational purposes, and residents should obtain their own legal advice.
Larson said the recall process should be readily understandable to laymen and simpler to implement, and should not be prone to technicalities or require an attorney.
"A page that you print off from a state website -- that should be a done deal," Larson said.
20081225
Frankford residents seeking recall of mayor face tight window
December 22, 2008
by Jim Lockwood/The Star-Ledger
Notices of intent by some citizens to try to recall Frankford Mayor Bob McDowell -- as well as his political ally, township committeeman Paul Sutphen -- were approved in form Thursday by the municipal clerk.
McDowell was the subject of an unsuccessful recall petition earlier this year. Petitioners decided to try again, and try to recall Sutphen, too, and getting the petition forms approved was the first of various legal steps required in the lengthy recall process.
"Merry Christmas," McDowell said, tongue-in-cheek. "I guess the Grinch will be working over the holidays
However, it already may be too late for a recall of McDowell in 2009, due to restrictions of when recalls can be held and deadlines involved in each step of the process, said municipal clerk Louanne Cular.
An official can't be recalled within six months of the end of his term, and McDowell's term ends Dec. 31, 2009. That eliminates July to December for a recall vote. Special recalls also are not allowed within 28 days of any other election, so that eliminates April, May and June, due to the April school elections and June primary.
That would leave March 17 as the only possible day for a special recall election of McDowell, Cular said. Other timelines involved in the process, such as windows to review and challenge petitions, means that recall petitions against McDowell would have to be submitted by today for an election to be held on March 17, Cular said.
Because Sutphen's term does not end until Dec. 31, 2010, the petitioners have much more leeway in time in trying to recall him, Cular said.
However, there has been talk in the state Legislature about moving school elections next year from April to November. If that were to happen, then a McDowell recall election theoretically could still be held in 2009, in May, Cular said.
As a result, petitioners decided to start the McDowell recall process and get everything in order, in case school elections do end up moved.
"This is making a statement," said Sam Castimore, one of the petition organizers. "Just have a recall election -- that's all we're asking for."
If school elections are not moved and a McDowell recall becomes moot, "Then we'll only have one person (Sutphen) to recall in a special election. We're well aware of those possibilities," Castimore said.
McDowell questions why opponents would bother trying to recall him in the same year that he'll be up for re-election. They could run against him, if he decides to run again.
"The recall seems a little redundant," McDowell said. "It's sort of a sour grapes thing."
Petitioners would need to garner 1,030 signatures of registered voters per petition to force a special recall election. Such an election also would cost the town around $15,500.
McDowell was first targeted for recall this year after the township committee restricted some commercial development along part of Route 206. That petition was rejected in August by Cular due to a technicality that all pages were not sequentially numbered. Petitioners sued, but a judge last month dismissed the petition, ruling that it was submitted too late in the summer to get on the Nov. 4, 2008, general election ballot.
by Jim Lockwood/The Star-Ledger
Notices of intent by some citizens to try to recall Frankford Mayor Bob McDowell -- as well as his political ally, township committeeman Paul Sutphen -- were approved in form Thursday by the municipal clerk.
McDowell was the subject of an unsuccessful recall petition earlier this year. Petitioners decided to try again, and try to recall Sutphen, too, and getting the petition forms approved was the first of various legal steps required in the lengthy recall process.
"Merry Christmas," McDowell said, tongue-in-cheek. "I guess the Grinch will be working over the holidays
However, it already may be too late for a recall of McDowell in 2009, due to restrictions of when recalls can be held and deadlines involved in each step of the process, said municipal clerk Louanne Cular.
An official can't be recalled within six months of the end of his term, and McDowell's term ends Dec. 31, 2009. That eliminates July to December for a recall vote. Special recalls also are not allowed within 28 days of any other election, so that eliminates April, May and June, due to the April school elections and June primary.
That would leave March 17 as the only possible day for a special recall election of McDowell, Cular said. Other timelines involved in the process, such as windows to review and challenge petitions, means that recall petitions against McDowell would have to be submitted by today for an election to be held on March 17, Cular said.
Because Sutphen's term does not end until Dec. 31, 2010, the petitioners have much more leeway in time in trying to recall him, Cular said.
However, there has been talk in the state Legislature about moving school elections next year from April to November. If that were to happen, then a McDowell recall election theoretically could still be held in 2009, in May, Cular said.
As a result, petitioners decided to start the McDowell recall process and get everything in order, in case school elections do end up moved.
"This is making a statement," said Sam Castimore, one of the petition organizers. "Just have a recall election -- that's all we're asking for."
If school elections are not moved and a McDowell recall becomes moot, "Then we'll only have one person (Sutphen) to recall in a special election. We're well aware of those possibilities," Castimore said.
McDowell questions why opponents would bother trying to recall him in the same year that he'll be up for re-election. They could run against him, if he decides to run again.
"The recall seems a little redundant," McDowell said. "It's sort of a sour grapes thing."
Petitioners would need to garner 1,030 signatures of registered voters per petition to force a special recall election. Such an election also would cost the town around $15,500.
McDowell was first targeted for recall this year after the township committee restricted some commercial development along part of Route 206. That petition was rejected in August by Cular due to a technicality that all pages were not sequentially numbered. Petitioners sued, but a judge last month dismissed the petition, ruling that it was submitted too late in the summer to get on the Nov. 4, 2008, general election ballot.
20081211
Frankford activists begin a new recall
December 7, 2008
By CHRISTINA TATU
FRANKFORD -- When the seven-month battle to recall Mayor Robert McDowell was defeated in Superior Court last month, the state's many, complicated deadlines finally brought that round to an end.
But Frankford's political activists aren't ready to wave their white flag just yet.
On Thursday they announced plans to begin a new recall effort, this time facing time constraints that leave them with only a matter of weeks to collect a new set of thousands of signatures, certify the new petition and set up a special election date.
The petitioners are expanding their drive to attempt to recall Deputy Mayor Paul Sutphen, who in January will complete his first year in office.
"It is in the interest of the common good that we are most definitely not going to give up and allow another year to pass with the majority of the Township Committee still following their own agenda," the group said in a statement released Thursday.
Gary Larson, a township land use board member and recall activist, will run against McDowell for a seat on the township committee, according to the statement.
"The individuals who signed originally were disenfranchised by a technicality and were not given the opportunity to voice their concerns," Larson said.
"If we could have, we would have included Sutphen on the original petition too," he said.
According to election law, an official cannot be recalled until they complete at least one year in office.
The group will need to start all over again, collecting thousands of signatures by early January if they wish to recall McDowell, whose term ends in December 2009.
"This will cost the township and awful lot of money," McDowell said. "It just seems to be a waste of time since I have to run for election in the coming year."
McDowell said he is not yet sure if he will run again once his term expires.
According to county board of elections administrator Marge McCabe, an official cannot be recalled within the last six months of their term, and must be recalled at least six months before the next general election.
To complicate things further, a special election cannot be held within the 28 days leading up to or following any election, including school board elections.
This leaves only a narrow window of time at the beginning of March in which a special election could take place to recall McDowell.
Time frames won't be as strict for Sutphen, who won the November 2007 election defeating former Mayor Carol Ann Kristensen. Sutphen's term will expire in 2010.
On Friday, Sutphen said he was not yet aware of a new recall petition, but was not surprised by the news. Petitioners have said the main reason for the first recall was the passing of ordinances to limit commercial development on the township's main corridors, Route 206 and Route 565, which are also the crossroads of the future town center at Ross's Corner.
Both McDowell and Sutphen were elected on anti-development platforms.
"I was very concerned about protecting our rural area and when I was elected that was one of our main campaign goals and we've done that by protecting our highways from commercial development," Sutphen said. "I hadn't been in office for a year so now I'm becoming a target."
As of Friday, township clerk Louanne Cular said she was still investigating the costs of a special election, which could cost about $13,000. The cost of a special election will need to be posted on the new recall petition.
"Some people say it's sour grapes, you lost and should just give up, but the point of the matter is that this is not sour grapes. If there were a (recall) election and McDowell would have won, then the people of Frankford would have spoken, but instead the people were not given the opportunity to be heard," Larson said.
On Nov. 21, Judge Theodore Bozonelis ruled that the recall committee did not file its petition on time or properly, therefore voiding the document's 1,270 signatures.
The petitioners submitted the signatures before their 160-day deadline, however, because there were 10-day deadlines for both the township clerk to certify the petition and for the recalled official to challenge the petition, the time frame extended past the Sept. 3 deadline to make the Nov. 4 general election ballot.
Not expecting the need for a special election, petitioners never requested one.
By CHRISTINA TATU
FRANKFORD -- When the seven-month battle to recall Mayor Robert McDowell was defeated in Superior Court last month, the state's many, complicated deadlines finally brought that round to an end.
But Frankford's political activists aren't ready to wave their white flag just yet.
On Thursday they announced plans to begin a new recall effort, this time facing time constraints that leave them with only a matter of weeks to collect a new set of thousands of signatures, certify the new petition and set up a special election date.
The petitioners are expanding their drive to attempt to recall Deputy Mayor Paul Sutphen, who in January will complete his first year in office.
"It is in the interest of the common good that we are most definitely not going to give up and allow another year to pass with the majority of the Township Committee still following their own agenda," the group said in a statement released Thursday.
Gary Larson, a township land use board member and recall activist, will run against McDowell for a seat on the township committee, according to the statement.
"The individuals who signed originally were disenfranchised by a technicality and were not given the opportunity to voice their concerns," Larson said.
"If we could have, we would have included Sutphen on the original petition too," he said.
According to election law, an official cannot be recalled until they complete at least one year in office.
The group will need to start all over again, collecting thousands of signatures by early January if they wish to recall McDowell, whose term ends in December 2009.
"This will cost the township and awful lot of money," McDowell said. "It just seems to be a waste of time since I have to run for election in the coming year."
McDowell said he is not yet sure if he will run again once his term expires.
According to county board of elections administrator Marge McCabe, an official cannot be recalled within the last six months of their term, and must be recalled at least six months before the next general election.
To complicate things further, a special election cannot be held within the 28 days leading up to or following any election, including school board elections.
This leaves only a narrow window of time at the beginning of March in which a special election could take place to recall McDowell.
Time frames won't be as strict for Sutphen, who won the November 2007 election defeating former Mayor Carol Ann Kristensen. Sutphen's term will expire in 2010.
On Friday, Sutphen said he was not yet aware of a new recall petition, but was not surprised by the news. Petitioners have said the main reason for the first recall was the passing of ordinances to limit commercial development on the township's main corridors, Route 206 and Route 565, which are also the crossroads of the future town center at Ross's Corner.
Both McDowell and Sutphen were elected on anti-development platforms.
"I was very concerned about protecting our rural area and when I was elected that was one of our main campaign goals and we've done that by protecting our highways from commercial development," Sutphen said. "I hadn't been in office for a year so now I'm becoming a target."
As of Friday, township clerk Louanne Cular said she was still investigating the costs of a special election, which could cost about $13,000. The cost of a special election will need to be posted on the new recall petition.
"Some people say it's sour grapes, you lost and should just give up, but the point of the matter is that this is not sour grapes. If there were a (recall) election and McDowell would have won, then the people of Frankford would have spoken, but instead the people were not given the opportunity to be heard," Larson said.
On Nov. 21, Judge Theodore Bozonelis ruled that the recall committee did not file its petition on time or properly, therefore voiding the document's 1,270 signatures.
The petitioners submitted the signatures before their 160-day deadline, however, because there were 10-day deadlines for both the township clerk to certify the petition and for the recalled official to challenge the petition, the time frame extended past the Sept. 3 deadline to make the Nov. 4 general election ballot.
Not expecting the need for a special election, petitioners never requested one.
McDowell recall ends in defeat
November 23, 2008
By SETH AUGENSTEIN
MORRISTOWN -- The second part of the Friday Frankford doubleheader in Superior Court closed one chapter of township activism.
But there could be a book still left to be written -- both about the divisions within the township, and the legal odyssey that could await both Frankford camps.
After months of legal maneuvers, Judge B. Theodore Bozonelis ruled that the recall committee did not file its petition on time, or properly, to send Mayor Robert McDowell back before local voters.
In effect, the petition -- and its some 1,270 signatures collected over several months in 2008 -- are now null and void.
Bozonelis ruled that the petitioners had submitted their collection of signatures in time for several of their deadlines --including the committee's ultimate 160-day deadline. However, because there were 10-day deadlines for both the township clerk to certify the petition and then for the recalled official to challenge the petition, the timeframes extended past the Sept. 3 deadline for the recall to make it to the Nov. 4 general election ballot.
What's more, because there is no general election in Frankford until next November -- in the middle of the last six-month period of McDowell's term, when he can't be recalled -- the recall petition is effectively useless. A special election would have been possible, but since the petition form did not specifically mention the consequent extra cost, the recall committee would have to completely re-do the petition process to bring about such a special election before next summer.
Bozonelis maintained that the court needs to "liberally" construe the efforts of petitioners and average citizens when they actively engage the government -- as he's said in similar cases of citizen involvement in Sparta. However, the judge maintained that the Frankford committee should have known the deadlines for the various elections, and planned accordingly.
"The statute tells the recall committee what they have to do," the judge said.
Township Attorney Kevin Benbrook and Richard Fornaro, McDowell's attorney, were two of the three attorneys opposing the recall committee at the hearing. Both applauded the judge's decision, and pointed to another recently-dropped development lawsuit as evidence that the township was conducting itself correctly against the small opposition group -- whom Fornaro referred to as "a small band of people that are ready to cash out."
The recall effort against McDowell has been center-stage in the divisions in Frankford Township. McDowell was elected on an anti-development platform in 2006. But since several zoning and planning changes took effect in the township, the battling has entered the courtroom at a increasingly-frequent clip -- including another lawsuit about open records requests that was also argued Friday before Bozonelis.
The recall petition in Frankford was the most successful of three recall efforts against local officials in Sussex County. The petitioners had collected hundreds more signatures than they had needed, and they did it with more than a month to spare in their 160-day deadline.
But before Friday's court date, the timeline had not been the primary issue. At first, Township Clerk Louanne Cular had rejected the McDowell recall petition based on pages that had not been sequentially numbered. Bozonelis acknowledged on Friday that the page-numbering issue would have been "frivolous." However, the timeline issue that ultimately determined the fate of the recall petition was not a featured topic at the Sept. 24 hearing before Bozonelis.
Ed Buzak, the recall committee's attorney, said the timeline became the second issue as the case evolved. He even said in the courtroom on Friday that he "could not argue with the numbers." But he said after the hearing that there were a series of issues which faced the petitions regardless of which form they took -- page numbers, a matrix of deadlines, or, most recently, the questioned validity of signatures -- which presented stumbling blocks to the petition.
The opposition in Frankford continues, regardless. Sam Castimore, one of the initial petitioners, said people were "either part of the solution, or part of the problem."
"The judge is part of the problem," Castimore said.
"The will of the people has already spoken... we will keep on going," he said.
By SETH AUGENSTEIN
MORRISTOWN -- The second part of the Friday Frankford doubleheader in Superior Court closed one chapter of township activism.
But there could be a book still left to be written -- both about the divisions within the township, and the legal odyssey that could await both Frankford camps.
After months of legal maneuvers, Judge B. Theodore Bozonelis ruled that the recall committee did not file its petition on time, or properly, to send Mayor Robert McDowell back before local voters.
In effect, the petition -- and its some 1,270 signatures collected over several months in 2008 -- are now null and void.
Bozonelis ruled that the petitioners had submitted their collection of signatures in time for several of their deadlines --including the committee's ultimate 160-day deadline. However, because there were 10-day deadlines for both the township clerk to certify the petition and then for the recalled official to challenge the petition, the timeframes extended past the Sept. 3 deadline for the recall to make it to the Nov. 4 general election ballot.
What's more, because there is no general election in Frankford until next November -- in the middle of the last six-month period of McDowell's term, when he can't be recalled -- the recall petition is effectively useless. A special election would have been possible, but since the petition form did not specifically mention the consequent extra cost, the recall committee would have to completely re-do the petition process to bring about such a special election before next summer.
Bozonelis maintained that the court needs to "liberally" construe the efforts of petitioners and average citizens when they actively engage the government -- as he's said in similar cases of citizen involvement in Sparta. However, the judge maintained that the Frankford committee should have known the deadlines for the various elections, and planned accordingly.
"The statute tells the recall committee what they have to do," the judge said.
Township Attorney Kevin Benbrook and Richard Fornaro, McDowell's attorney, were two of the three attorneys opposing the recall committee at the hearing. Both applauded the judge's decision, and pointed to another recently-dropped development lawsuit as evidence that the township was conducting itself correctly against the small opposition group -- whom Fornaro referred to as "a small band of people that are ready to cash out."
The recall effort against McDowell has been center-stage in the divisions in Frankford Township. McDowell was elected on an anti-development platform in 2006. But since several zoning and planning changes took effect in the township, the battling has entered the courtroom at a increasingly-frequent clip -- including another lawsuit about open records requests that was also argued Friday before Bozonelis.
The recall petition in Frankford was the most successful of three recall efforts against local officials in Sussex County. The petitioners had collected hundreds more signatures than they had needed, and they did it with more than a month to spare in their 160-day deadline.
But before Friday's court date, the timeline had not been the primary issue. At first, Township Clerk Louanne Cular had rejected the McDowell recall petition based on pages that had not been sequentially numbered. Bozonelis acknowledged on Friday that the page-numbering issue would have been "frivolous." However, the timeline issue that ultimately determined the fate of the recall petition was not a featured topic at the Sept. 24 hearing before Bozonelis.
Ed Buzak, the recall committee's attorney, said the timeline became the second issue as the case evolved. He even said in the courtroom on Friday that he "could not argue with the numbers." But he said after the hearing that there were a series of issues which faced the petitions regardless of which form they took -- page numbers, a matrix of deadlines, or, most recently, the questioned validity of signatures -- which presented stumbling blocks to the petition.
The opposition in Frankford continues, regardless. Sam Castimore, one of the initial petitioners, said people were "either part of the solution, or part of the problem."
"The judge is part of the problem," Castimore said.
"The will of the people has already spoken... we will keep on going," he said.
20081120
Judge may decide if mayor will face voters
November 20, 2008
By SETH AUGENSTEIN
FRANKFORD -- The ongoing court battle surrounding the recall of Mayor Robert McDowell will be one-half of the Frankford Friday doubleheader in Morristown Superior Court.
Judge Theodore Bozonelis likely will decide whether or not McDowell will face voters in a recall referendum in the near future.
George Lista, a member of the recall committee, initially hoped the recall question would be on the Nov. 4 general election ballot.
The petitioners' difficulties was not in getting the signatures on their sheets, but some technical errors with the forms and the timing of when the petition was filed as compared to the Nov. 4 election date.
The original recall petition was submitted to Township Clerk Louanne Cular Aug. 13, but she rejected it two weeks later, citing a technical error for failing to sequentially number each of the document's sections.
On Sept. 10, the petitioners challenged Cular's decision, but the next day, Cular rejected the challenge, still citing the technical error.
On Sept. 13, petitioners filed a lawsuit asking a judge to order Cular to approve the recall petition and have Sussex County Clerk Erma Gormley place the question on the Nov. 4 ballot or arrange for a special election.
At a Sept. 24 hearing with Bozonelis, it was decided Cular would have to complete verifying the petition's signatures by Oct. 3, which she did, saying that of the 1,270 signatures, 1,181 were valid, more than the 947 needed to have a recall placed on the ballot.
Lista said the township's responses have been a series of tactics aimed at not allowing the voters of the township to have their say.
"Everything they're doing is a stalling tactic, all down the line," he said.
By SETH AUGENSTEIN
FRANKFORD -- The ongoing court battle surrounding the recall of Mayor Robert McDowell will be one-half of the Frankford Friday doubleheader in Morristown Superior Court.
Judge Theodore Bozonelis likely will decide whether or not McDowell will face voters in a recall referendum in the near future.
George Lista, a member of the recall committee, initially hoped the recall question would be on the Nov. 4 general election ballot.
The petitioners' difficulties was not in getting the signatures on their sheets, but some technical errors with the forms and the timing of when the petition was filed as compared to the Nov. 4 election date.
The original recall petition was submitted to Township Clerk Louanne Cular Aug. 13, but she rejected it two weeks later, citing a technical error for failing to sequentially number each of the document's sections.
On Sept. 10, the petitioners challenged Cular's decision, but the next day, Cular rejected the challenge, still citing the technical error.
On Sept. 13, petitioners filed a lawsuit asking a judge to order Cular to approve the recall petition and have Sussex County Clerk Erma Gormley place the question on the Nov. 4 ballot or arrange for a special election.
At a Sept. 24 hearing with Bozonelis, it was decided Cular would have to complete verifying the petition's signatures by Oct. 3, which she did, saying that of the 1,270 signatures, 1,181 were valid, more than the 947 needed to have a recall placed on the ballot.
Lista said the township's responses have been a series of tactics aimed at not allowing the voters of the township to have their say.
"Everything they're doing is a stalling tactic, all down the line," he said.
20081019
Frankford recall petitioners seek special election
October 19, 2008
By CHRISTINA TATU
FRANKFORD -- They may have missed the deadline for the Nov. 4 election, but members of a committee to recall Mayor Robert McDowell are hoping a judge will expedite their request for a special election.
The timing is important because Mayor Robert McDowell's term expires at the end of 2009.
On Monday, a superior court judge will have a conference with attorneys representing McDowell and the committee to recall him to determine how the case will proceed.
Superior Court Judge B. Theodore Bozonelis does not expect to make any decisions in the case, but will be providing dates for lawyers to present their depositions and also may request the clerk to investigate the cost of a special election, which could cost taxpayers up to $13,000, according to Marge McCabe, county board of elections administrator.
Earlier this month, McDowell filed his appeal to the petition, saying some of the signatures were forgeries and some of the circulators were not registered voters of the township. In light of such allegations, the judge will need to investigate the claim by interviewing the individuals in question.
The original recall petition was submitted to Township Clerk Louanne Cular Aug. 13, but she rejected it two weeks later, citing a technical error for failing to sequentially number each of the document's sections.
On Sept. 10, the petitioners challenged Cular's decision, but the next day, Cular rejected the challenge, still citing the technical error.
On Sept. 13, petitioners filed a lawsuit asking a judge to order Cular to approve the recall petition and have Sussex County Clerk Erma Gormley place the question on the Nov. 4 ballot or arrange for a special election. At a Sept. 24 hearing with Bozonelis, it was decided Cular would have to complete verifying the petition's signatures by Oct. 3, which she did, saying that of the 1,270 signatures, 1,181 were valid, more than the 947 signatures needed to have a recall placed on the ballot.
Adding to the delay is the fact petitioners failed to request a special election when they filed their petition. If a special election was requested, the clerk would have to determine the cost and place it on the recall petition for those signing it to see, said McDowell's attorney Richard Fornaro.
"If it's going to cost $3,000 to have an election, maybe people signing (the petition) would say this is ridiculous," he said.
That number may be low, McCabe said. It would cost between $6,000-$8,000 to hire the election board to tally results and provide the voting machines and at least another $5,000 for advertising and ballot printing, she said.
McCabe said she was not aware of any petitions to recall a mayor making it to the special ballot.
Petitioners said they aren't swayed by the time constraints and possible expenses the township may incur. Gary Larson, who stated his intent to run for McDowell's position on the committee, said the benefits of a special election outweigh the potential cost.
"(McDowell and committeeman Paul Sutphen) have done a tremendous amount of damage to this township in a short amount of time," Larson said. "When you look at the amount of damage that's been done in the last eight or nine months, this recall is very important to send a message to our public officials that they are going to be held accountable for their actions."
By CHRISTINA TATU
FRANKFORD -- They may have missed the deadline for the Nov. 4 election, but members of a committee to recall Mayor Robert McDowell are hoping a judge will expedite their request for a special election.
The timing is important because Mayor Robert McDowell's term expires at the end of 2009.
On Monday, a superior court judge will have a conference with attorneys representing McDowell and the committee to recall him to determine how the case will proceed.
Superior Court Judge B. Theodore Bozonelis does not expect to make any decisions in the case, but will be providing dates for lawyers to present their depositions and also may request the clerk to investigate the cost of a special election, which could cost taxpayers up to $13,000, according to Marge McCabe, county board of elections administrator.
Earlier this month, McDowell filed his appeal to the petition, saying some of the signatures were forgeries and some of the circulators were not registered voters of the township. In light of such allegations, the judge will need to investigate the claim by interviewing the individuals in question.
The original recall petition was submitted to Township Clerk Louanne Cular Aug. 13, but she rejected it two weeks later, citing a technical error for failing to sequentially number each of the document's sections.
On Sept. 10, the petitioners challenged Cular's decision, but the next day, Cular rejected the challenge, still citing the technical error.
On Sept. 13, petitioners filed a lawsuit asking a judge to order Cular to approve the recall petition and have Sussex County Clerk Erma Gormley place the question on the Nov. 4 ballot or arrange for a special election. At a Sept. 24 hearing with Bozonelis, it was decided Cular would have to complete verifying the petition's signatures by Oct. 3, which she did, saying that of the 1,270 signatures, 1,181 were valid, more than the 947 signatures needed to have a recall placed on the ballot.
Adding to the delay is the fact petitioners failed to request a special election when they filed their petition. If a special election was requested, the clerk would have to determine the cost and place it on the recall petition for those signing it to see, said McDowell's attorney Richard Fornaro.
"If it's going to cost $3,000 to have an election, maybe people signing (the petition) would say this is ridiculous," he said.
That number may be low, McCabe said. It would cost between $6,000-$8,000 to hire the election board to tally results and provide the voting machines and at least another $5,000 for advertising and ballot printing, she said.
McCabe said she was not aware of any petitions to recall a mayor making it to the special ballot.
Petitioners said they aren't swayed by the time constraints and possible expenses the township may incur. Gary Larson, who stated his intent to run for McDowell's position on the committee, said the benefits of a special election outweigh the potential cost.
"(McDowell and committeeman Paul Sutphen) have done a tremendous amount of damage to this township in a short amount of time," Larson said. "When you look at the amount of damage that's been done in the last eight or nine months, this recall is very important to send a message to our public officials that they are going to be held accountable for their actions."
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