Charter ordinance appeal rejected

Ordinance for charter study deemed improperly advertised.

By: Melissa Edmond
   The Township Committee has lost another round in the legal battle over whether the structure of Hillsborough’s government should be changed and few people seem surprised.
   This week, the state Supreme Court refused to hear the township’s appeal of a lower court ruling that overturned a township ordinance that sought to place a charter study question on the ballot. The courts had ruled the ordinance was improperly advertised.
   "This is what we expected," said former Mayor Glenn van Lier, co-founder of Citizens for a Change in Government LLC, which petitioned and collected 4,200 signatures to place the question of changing the current committee form of government to a mayor-council form on last year’s election ballot.
   "The township wasn’t even close to meeting state statute," Mr. van Lier said. "When they tried to put this ordinance through, they denied the wishes of the residents who they’re supposed to represent."
   In May 2004, Township Committee members passed the charter study commission ordinance that would have asked voters whether they wanted to establish a charter study commission to study changing Hillsborough’s form of government.
   The petitioners sued the township because they felt the ordinance wasn’t properly advertised to the public before the Township Committee approved it.
   "In most cases, the upper courts are going to uphold the lower courts," Committeeman Steven Sireci said. "The decision’s not a shock. The court system is fairly aligned with Democrats in New Jersey."
   Sonya Martin, a member of the petitioning group, wasn’t shocked by the state Supreme Court’s decision either.
   "I’m not surprised," she said. "I just think it’s sad that the township wasted so much money because they did not properly advertise. All of this could have been avoided if they had followed the law. They were defending the indefensible."
   Township Administrator Kevin Davis said the township has spent $30,000 on two lawsuits related to the change of government petition so far.
   Mr. Van Lier said the reason the committee keeps appealing the courts’ decision on theirits ordinance is because they want to keep their power. They want to be able to do whatever they want.
   "We still believe that the charter study is the best choice," Dr. Sireci said. "The decision to change government is more complex than the petitioners were deceptively leading people to believe."
   Dr. Sireci said the charter study commission could have been chosen by the residents and could have studied a change in government and made a recommendation.
   "All of this speaks to the frivolity of what they’re doing," said former Committeeman George Ostergren, who spearheaded the petition effort. "It’s absolutely disgraceful what the Hillsborough Township Republican organization is doing, not allowing their residents to vote on the form of government they want."
   The Township Committee has had its ordinance overthrown in Superior Court and in the Appellate Division of the state Superior Court. Now that the state Supreme Court has refused to hear the case, the township has another lawsuit to deal with.
   "Now the petition has to be handled," Dr. Sireci said. "We will continue to defend the petition lawsuit because it’s what’s right for Hillsborough."
   The second court case was filed by the petitioners against the township because of Mr. Davis’ decision in August 2004 to throw out their petition on grounds the petition did not list the names of the petitioners and other technical shortcomings. The second case has been on hold until the ordinance lawsuit was decided. It will be heard in Superior Court.
   "I don’t think the average person realized what they were signing," Dr. Sireci said. "We believe that the clerk acted correctly and we further believe that the charter study is the right way to go."
   Mr. van Lier said that he expects the petition to be found valid. If it’s found valid before the fall elections, the mayor-council question can be placed on this year’s ballot.
   "People should be able to vote this year on whether they want a new form of government or not," he said.