Lucas said the Common Cause ordinance violates state statute.

“The township was told the ordinance was passed in Holmdel and that was not true,” Moskovitz said.

Shapiro suggested that the committee seek a legal opinion regarding the ordinance from the state Attorney General.

“Why won’t we submit this to the state to get their requirements on this?” he asked. “If this breaches state statutes they would come back with recommendations or say repeal it.”

“Why wasn’t that done from the beginning?” Locricchio asked his fellow committeeman.

“We just had someone from Common Cause who said numerous attorneys looked over our pay-for-play [ordinance] and their model and had no problem with it. Why not send it to the state?” Shapiro answered.

“We don’t know the qualifications of their attorneys and I don’t see where that gets us,” Lucas interjected.

“I can’t in my wildest dreams understand why certain members of the governing body feel that it’s a bad thing to ask for resumes, interviews and qualifications from prospective professionals,” Shapiro said. “Heather just said it. ‘What is wrong with the procedure?’ Whether it’s us or you sending it out there, the public can see the qualifications of who we are hiring.”

Locricchio responded, “Call it a freak sense of timing to get this done on the last meeting (Dec. 15) of the year.”

Shapiro said the timing is not the issue, and that getting a ruling from the state on the legality of the RFP ordinance is the issue.

Resident Richard Klauber said, “I think it’s a fair request to send this to the attorney general, to get an opinion, whether it violates a state law or not. I don’t think that’s an unfair request before repealing this.”

Aaronson suggested that the action to repeal the law be tabled.

Locricchio said he saw no reason to delay.

Resident Steve Johnson said he has mixed emotions on the issue and believes there should be an RFP process through which professionals are hired, rather than appointed.

“I think it’s important for the township to be aware of what is going on,” Johnson said. “I think you should repeal the ordinance and you should, in a bipartisan manner, come up with the answer.”

“The repeal of the ordinance is the first step. Next, we will be introducing a new one that we feel is legal and properly noticed,” Scherer responded.

Moskovitz said he expects a new, and better, ordinance to be introduced at the next committee meeting.

Locricchio said the proposed law will be better, stronger, more practical and work.