BOMBSHELL! Corp Counsel: Council power-grab VIOLATES Faulkner Act



Wow.  Can't say I'm surprised.

It just didn't feel right, that the Hoboken City Council majority was rewriting Hoboken law to put (2) political friends on the Rent Leveling Board.  

To be exact, appointment power to the City's Rent Leveling Board lies with the mayor, only the mayor. Mayor Bhalla reappointed 5 Commissioners and chose two new applicants for the other (2) seats: Father Warren Hall and Heath Urban.  

Not reappointed: Cheryl Fallick and Michael Lenz.  Both are supporters of the anti-Bhalla Council faction, and were inner-circle Giattino campaign surrogates.  

In order to seat Fallick and Lenz on the Rent Leveling Board, on February 21, 2018 the Council majority put quite the stunt in motion. First, they  pulled Father Hall and Heath Urban's appointments off the Council agenda, denying the two applicants a vote. Next,  they introduced ordinance B-10, which seizes 5 Rent Leveling appointments away from the mayor: 3 regular seats,  plus 2 alternate seats.  B-10 passed on First Reading, 7-2.

The  next meeting is this Thursday, March 15. Council President Ramos and VP Giattino are introducing Resolution CL-7, which calls the enforcement of Ordiance B-10 an "EMERGENCY" thus, waiving the mayor's approval and the 20-day period the mayor has to sign the ordinance into law. 

In other words, the Council power-grab becomes "instant law". 

Thus, the Council makes their appointments at the March 15 meeting, cutting the mayor out of the legislative process.   

Apparently, Ruben Ramos and Jen Giattino did not see fit to check with Corporation Council on the legality of their shenanigans first

Six days ago, Hoboken's Corporation Counsel issued an opinion by letter, to all Council members .
The issue: In a municipality organized pursuant to the Faulkner Act (Mayor-Council Plan), who has the power to appoint members to the Rent Control Board?

Corporation Counsel's short answer: The Mayor with the advice and consent of the council.





Now, do we expect a scorched-earth, rogue council to heed the advice of the City's attorney (even though disobeying her legal advice puts the city at risk)? 

I don't.

Meanwhile, Mayor Bhalla is resubmitting his Rent Leveling Board appointments for Father Warren Hall and Heath Urban for Council consent. 

Will this Council refuse to put Father Hall and Heath Urban's Rent Leveling appointments on the agenda?  

If they do put them on, will they deny consent?

These were submitted by the Administration for a vote on March 15, 2018. Stay tuned. 

MAYOR BHALLA'S APPOINTEES




Comments

  1. I've been in Al Bonjovi's office. Didn't see any math credentials. Next.

    PS. Her brother Jon is Jersey mall trash.

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  2. I still cannot believe the council is picking this fight over those two disgusting individuals.

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  3. As I keep saying, this will come back to haunt them. Trying to change the law, unlawfully at that, is a bad look for a legislator. You'd think the objective of appointing Michael Lenz and Cheryll Fallick is above the law for them, but apparently not. This will haunt them.

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  4. Lenz for all intents and purposes handed the city council over to Mason and Russo (and essentially forfeit his own council seat) to secure health benefits for Tony Soares. When he didn't get his way on the finance-director appointment, he saw the reins handed over to them again, in a revenge maneuver not unlike the ones we're seeing now on a bi-weekly basis. This crony cabal will flush Hoboken's interests down the toilet to take care of their own. They've done it before and continue to do it each and every day.

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