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An explanatory statement that accompanied the change of government referendum incorrectly interpreted how the city would begin to stagger the terms of council members, but the mistake does not invalidate the ballot question.

A majority of Asbury Park voters approved the change, which cut short the terms of all five seated council members. A directly-elected mayor, staggered terms and run-off elections were among the commission’s recommendations.

On the November ballot, the statement that accompanied the question stated the new mayor would serve a four-year term, and of the four council members elected, two would serve two-year terms and two would serve four-year terms.

However, a subsequent reading of the statute has uncovered the mayor will still be elected for a full term along with only one of the four new council members. This leaves the remaining three council members with two-year terms and sets the stage for the possibility of a new incoming majority within two years’ time at the next election.

“The language of the statute is clear that, of the first council, the directly-elected mayor is counted as being one of the two council members who will serve for a four-year term, and that three council members shall serve for a two-year term. This starts the staggering of the terms,” city attorney Frederick Raffetto said in an email to the Sun.

Although the explanatory statement was inaccurate in its interpretation, the inaccuracy “is of no consequence” and the language of the statute rules, Raffetto said.

In addition, it is well beyond the time frame for the vote to be challenged and existing case law “supports the proposition that an incorrect explanatory statement does not invalidate the ballot question itself,” he said.

Pamela Lamberton, the commission’s president [above, at far right], said the direct election of the mayor is what tripped the change, but the commission always knew successive elections would be split into an election of three and an election of two.

“It would not have changed my opinion [of the question],” said Lamberton, who informed the commission of the change.

“Everybody was pretty OK with it. We all stand by what we voted for. We had four of us in favor and one not in favor and even Randy [Thompson, the dissenting commissioner] would not have changed his decision,” she said, adding “I am so looking forward to Jan 1. I love change and it’s going to be great.”

The situation has left at least one member of the council incredulous.

“How can this happen?” Councilman John Moor said through a chuckle. “It’s frustrating. The report was reviewed by the attorney. How we are finding this out almost a year later is scary.”

Moor is running for mayor in the upcoming election.

The winners of the November 4 election will be sworn in on January 1. The four elected council members will draw straws at the reorganization to determine term lengths.

[Phot at top, from left to right: Charter study commissioners Randy Thompson, Michele Maguire, Duanne Small, Rita Marano and Pamela Lamberton.]

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