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Council continues to excuse member’s absence
(by Kathryn A. Burger - July 08, 2008)
It’s been three months since Councilman Gerard Maughan has attended a council meeting.
According to Mayor Donald Ruschman, those absences have and will continue to be excused. “In essence, he’s been temporarily on [a work-related] assignment in Kansas City and comes home on weekends. He asked our consideration regarding his place on the council. He said he’d love to stay on and asked our consideration of that. We are trying to work with him. He’s a valuable part of our governing team and we are trying to accommodate him.”
State statute allows the governing body to declare his place on the council vacant if he fails to attend any meetings for eight consecutive weeks unless a majority of members excuses his absences. The council may not refuse to excuse a member whose absences are due to legitimate illness.
Borough Administrator Gene Vinci said the borough has a statutory obligation to track members’ attendance at council meetings and that council has “informally” opted to excuse his absences. The statute does not specify if or how the governing body’s decision to excuse a chronically absent council member must be memorialized. There has been not been a public vote or resolution passed affirming the majority opinion that has allowed Maughan to continue to serve.
In a telephone interview, Maughan talked about how he is keeping up with council business, why he thinks “telecommuting” works for municipal government, and when he’ll next attend a meeting.
“I’m self-employed and when I get these opportunities I have to look at them carefully. It means being on the road for a substantial amount of time. It’s a big commitment of time, and I have to balance my family, town and professional obligations.” He said this opportunity in Kansas City made a lot sense for a host of reasons – mostly professional. He spends the workweek in Kansas City and comes home on weekends.
He said he advised the mayor about not being able to attend some meetings, but added, “I didn’t realize how long an absence it would be. I’ve stayed in contact by e-mail and telephone.” He said this type of arrangement probably wouldn’t have worked out during his two previous terms on the council (1988-1994) but, he said, “with technology being what it is today, it doesn’t make it ‘seamless’ but comes pretty darn close.” At the June 24 council meeting, and for the first time since his absences began, Maughan listened to the proceedings and could comment via speakerphone. “It was good to hear everyone’s voices again, in a group discussion rather than as individuals [on the phone],” he said.
Technology has, “made it easy to transition” from being present at meetings to keeping up from a distance, Maughan said. “This is the way business is done these days. The amount of time someone is on site and in person is less of an issue with the technical enhancements available to us.” He said the same is true on a municipal government level. He likened the council’s role as similar to that of a private company’s board of directors. “We have capable people taking care of the operation of the borough. We provide policy, guidance and oversight,” and don’t get involved in running the borough on a day-to-day basis.
Maughan, like the other council members, has assignments that include committee memberships and serving as a council liaison. He is a member of the Insurance, Finance and Administration Committee and the Public Health and Welfare Committee and is liaison to the board of education, the board of health and the Park Ridge Athletic Association. Asked how he has handled these responsibilities long-distance, he said, “I remain in contact with the people I need to on the subcommittees and it’s worked out reasonably well.” He said committee and board members have his e-mail address and phone numbers. “They can reach out to me if they need me. I’ll gladly take any calls from anyone.”
Although he keeps in touch and up to date on council matters electronically and receives all the information, correspondence, meeting minutes and agendas distributed to the other council members, Maughan is precluded from voting on resolutions and ordinances. On that topic, he said, “The way I look at it, there aren’t too many split decisions. If I did need to be there for a controversial vote I would try to change my schedule to be there. But in the votes that have been taken, I’ve been in agreement with decision, and the voting pattern of the council.”
Maughan said he has no immediate plans to resign from the council. “It is my intention to continue to serve. The mayor and council are amenable to my continuing [in this way]. I enjoy participating and try to make up for face-time with other methods. I don’t think people are being shortchanged if I do things differently.”
However, he did not rule out the possibility that, at some time in the future, he might resign. “Circumstances change. I could resign. It depends on the totality of the situation and how well I can contribute. But I can be very effective through e-mail and phone.”
His current assignment in Kansas City will be “winding down” in the third quarter, he said, and he hopes to be able to change his schedule so that he can again attend some meetings, perhaps as early as July 22. “It’s my responsibility to be at meetings,” he said.
Ruschman said, “I don’t know how long this can go on. He was duly elected and we want him to participate. We are trying to accommodate him so he at least has some participation. That’s the way it stands right now. That’s what we’re doing.”
Kathryn A. Burger's e-mail address is burger@northjersey.com.
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