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The empty chair at the dais
(by Karen F. Mrnarevic - May 13, 2008)
Members of the public at Emerson Mayor and Council meetings may have noticed over the past several months that someone has been missing. To date this year, Councilman Frank Milone has only been present at three open session meetings, out of a possible eleven. According to state law, he could lose his position if the mayor and remaining council members decide that he should be removed.
State statute dictates that the office of a member of the governing body can be deemed vacant if the member fails to participate in meetings for a period of eight consecutive weeks without being excused by a majority of council members (NJSA 40A: 16-3g). Milone has failed to attend regular meetings of the mayor and council on the following dates: Jan. 5, Jan 15, Feb. 19, March 4, March 18, April 1, April 15 (arrived at 8:40 p.m., during closed session), and May 6. Since Milone was absent from meetings for 12 consecutive weeks between Feb. 19 and May 6, or nine weeks up to April 15 when he attended the closed session, according to the statute, Milone is eligible for removal from the council.
A precedent has already been set in the borough for the use of this statute to remove a council member from his post. In June, 2004, Councilman Mark Tackel was removed from the Emerson council after missing six meetings, four consecutively. Owen Cassidy was elected to fill his seat for the remainder of the term, a total of seven months. If the council votes to remove Milone from the position, the Republican members of the council could appoint a new person to fill the seat for the remainder of the term, which expires at the end of this year. However, there is no indication that any members of the council will actively pursue removing Milone.
Milone said in a phone interview that he has no plans to step down from his position. “I don’t quit,” he said, “I have six or seven months to go until the end of my term and I plan on doing my job as appointed.” He said that while he had missed the open session portion of numerous council meetings, he has on at least one documented occasion arrived later, during closed session, and he also spends time at the borough hall during the week doing council-related paperwork.
Mayor Louis Lamatina admits that being a member of the governing body is a demanding job and a balancing act. He made a statement that, “Although Councilman Milone has chosen not to seek reelection, he remains a viable and important part of the team. It is extremely difficult for elected officials to balance their professions, family responsibilities and council duties. Frank continues to discharge his duties to the best of his abilities.”
Karen F. Mrnarevic's e-mail address is Mrnarevic@northjersey.com.
| Comments (1) |
On May 21, 2008 Mark said:
I wonder if the good councilman will give back the percentage of his stipend for the times he hasn't shown up. He shouldn't get the same pay as the council members who actually show up to meetings. |
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