Lawsuit by change of government advocates dismissed
Sought referendum to establish ward system and directly elected mayor
The committee of petitioners seeking a change of Asbury Park’s municipal government have encountered another setback.
The group, led by Duanne Small, filed a lawsuit alleging city clerk Stephen M. Kay acted erroneously in rejecting a petition they filed seeking a change in the city’s government to be approved by voters at a referendum. Their lawsuit was found to be “non-conforming and deficient” according to Judge Lawrence M. Lawson, who ordered the dismissal of the case through a court order written May 9 and filed May 11.
Christopher Iavarone, Esq., is the committee’s attorney.
According to the court order, the superior court provided the group with the “opportunity to cure said deficiencies by May 7, 2012, and no corrections or amendments to the pleadings [have] been received.” Since the lawsuit was dismissed “without prejudice”, the committee of petitioners can correct any deficiencies and ask for their case to be reinstated.
Upon being informed of the suit’s dismissal, Small said he will be meeting with the committee to determine their next step.
The group originally filed a petition seeking a referendum to directly change the form of government to a ward system, with elected representatives coming from different geographic sections of town, as well as a directly elected mayor. The city rejected the petition because it failed to state whether the new form of government would be partisan or non-partisan.
Asbury Park currently elects all five of its council members once every four years in May in a non-partisan election. The mayor is a council member selected by a majority of the governing body, and presides at council meetings.
Earlier this month, the council passed an ordinance calling for a charter study commission. In November, voters will have the opportunity to decide whether such a commission should be established, as well as who will be on the commission. If they vote in favor of the measure, a charter study commission independent of the city council will study the current form of government. They will then either recommend the city stick with its current form of government or change to a new system. If the commission recommends a change, voters will be asked on next year’s November ballot to approve it.
