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New Brick Council's Power Will be Tempered

Brick's form of government provides for a 'strong mayor'; Brick to re-up with Gilmore firm for legal services in 2012

 

Here's a quick lesson in New Jersey municipal government for everyone: there are five types of municipal government structures in the Garden State, and there are 11 forms of those governments.

In Brick, our type of government is a township (that part is kind of obvious) and our form of government is the Mayor-Council form, under what is known as the Faulkner Act, a law passed in 1950 and updated in 1981.

Simply put, that means there is a "strong mayor" and "weak council" in Brick. The mayor acts as a chief executive, while the council controls the purse strings. It also means, however, that while elected council members set policy and are responsible for passing the municipal budget, they are not empowered to make such appointments as municipal attorney, engineer and some other professional services providers.

Mayor Stephen C. Acropolis said Brick will continue to retain the services of Gilmore & Monahan, a locally influential, GOP-aligned law firm that may not have been the first choice of the four Democrats who won a majority in the November council elections. He said Birdsall Engineering will continue on as the township's engineer services provider. There is little wiggle room for the council to oppose certain professional appointments, no matter how they may feel about them, the mayor said.

"The courts have held that the township council cannot hold up the administrative functions, or the running of the township," said Acropolis. "The council's powers really lie with the budget."

Indeed, while the mayor will propose a municipal budget after the new year, the council will have the final say as to what, where and how much money will be spent next year.

Many municipalities in New Jersey use the same type and form of government as Brick. In Ocean County, municipalities using the Faulkner Act type of government include Berkeley Township, Jackson Township, Manchester Township and Toms River Township.

Related Topics: Faulkner Act, brick nj news, and stephen c. acropolis

BW

8:01 am on Tuesday, December 20, 2011

Pompous, arrogant, egotistical, narcissistic, self-centered, to name a few. Of course Gilmore will remain as township attorney, did you expect differently? Stevie is going to make sure the new council can do nothing, he is really making Scarpelli look like a choir boy.

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common sense

10:44 am on Tuesday, December 20, 2011

And if the Dem had their choice they would pick the law firm that Scarpelli had.This is no different.People in office are going to pick people they trust snd know.If you had the choice ,you would do the same.And Scarpelli is a choir boy--when he got caught,he sang like a bird!!

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BW

10:44 am on Tuesday, December 20, 2011

The ONLY difference between Scarpelli and Acropolis is, Acropolis hasnt gotten caught yet.

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George

11:24 am on Tuesday, January 3, 2012

John grow up and put it to rest you are not helping your party or yourself

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John C

12:00 pm on Tuesday, January 3, 2012

I disagree George sometimes the attacks need to be put into perspective. Most of what is posted here is personal attacks, I am just posting a fact to remind people of some things.

I know

8:40 am on Tuesday, December 20, 2011

He just doesn't know when to quit...

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TimeForChange

8:51 am on Tuesday, December 20, 2011

"Indeed, while the mayor will propose a municipal budget after the new year, the council will have the final say as to what, where and how much money will be spent next year."

Will he wait until the last minute with this one too like last year? Will he pull his dirty tactics so that the council has little time to review and modify? The games that are being played by these so call politicians is really sad. They apparently do not have the taxpayers concerns in the forefront of their actions. It is just a peeing contest for power. Stevie, take your ball, leave the sandbox and just go home to Toms River

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g

9:16 am on Tuesday, December 20, 2011

These appointments are why some people go into politics, and why some politicians are willing to be Mayor for only a dollar. Long after Mr. A is no longer mayor, he will be benefiting from his alliance with a politically connected law firm. Maybe he'll get another appointment, maybe he'll be someones "aide". All on the taxpayers' dime.

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Mickey

9:51 am on Tuesday, December 20, 2011

excellent observation "g"......do they really think we feel they're being diligent, when they ask for an engineer's report , study or legal opinion on a proposed project....or have come to the conclusion, it's just a pay back for political contributions and support ?

morrissey

9:40 am on Tuesday, December 20, 2011

well then figure out a way to choke off the money to the corrupt gilmore....cut the budget to the bones...stop the money flow and kill the machine

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Concerned Brick Citizen

10:18 am on Tuesday, December 20, 2011

Birdsall is another waste of tax payers’ dollars. That firm needs to be removed. They screwed up big time on my project and claimed that I altered it after the final inspection. I provided a list of facts, bills, etc. that proved nothing was altered. They still called me a liar. The arrogance of these people just made me sick. Everyone at town hall sided with Birdsall. There is no way to fight city hall and win. Who does the townships attorney represent? With all the problems I had with the township, we received a letter from the township attorney (at what cost) explaining how the township employees are protected from mistakes. TORT, TORT, TORT! Even when a township employee or consultant makes a mistake, they are right. There is no protection for the property owners. I can’t tell you how frustrating this is unless you have gone through a similar situation.

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Joseph Woolston Brick

11:27 am on Tuesday, December 20, 2011

If Mayor Acropolis received 10,000 - 20,000 letters (snail mail not emails) from the residents of Brick saying they didn't want Gilmore as attorney anymore or Birdsall as well, I wonder what would happen?

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AJ

12:17 pm on Tuesday, December 20, 2011

Joseph,Do you really think he gives a crap what people of Bricktown think.

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Joseph Woolston Brick

1:43 pm on Tuesday, December 20, 2011

Well apparently the other four council members didn't care either and look what happened to them. I think he knows he better start caring and knock off the Acropolis shenanigans, but as the saying goes, "Too little, Too late" They ( the mayor and council people) believe that this forum is full of political hacks and Internet Trolls with many screen names..well keep believing that but explain how all us so called hacks and trolls were able to fire his other buddies asses right out of town hall. What they better start believing is that there are honest to goodness real people from Brick on this forum, good hard working people who are telling the Mayor and what's left of his buddies on the council what we don't like and what we want him and them to do and they rather believe the above. Some people never learn!

Joseph Lamb

12:24 pm on Tuesday, December 20, 2011

In the 5 years Acropolis had the Gilmore firm, Brick has paid the firm $1.728 million. The fees over 4 years were $1.378 million, were more than double the last firm, and there is nothing to show for it.
The Gilmore firm said former Councilwoman Kathy Russell committed an ethics violation but never filed with the Local Finance Board because it was dummied up and false. If the Gilmore firm filed, they would have ended up being charged with an ethics violation for bringing up false charges.
The new council is supposed to give their consent to this appointment but they should vote against it.
Acropolis should ask the Gilmore firm to take $1 a year for the next two years if he will be mayor that long.

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John C

1:41 pm on Tuesday, December 20, 2011

How much was the Democrat connected law firm paid over the 12 years of the prior administration and how else did he personally benefit from his position? Where were you as far as raising the public's awareness when all that was going on? since you never raised any concerns during that time you once again have no credibility

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George

11:29 am on Tuesday, January 3, 2012

John put it behind it will only take a toll on you and possibly ruin your business too.

Concerned Brick Citizen

12:42 pm on Tuesday, December 20, 2011

Why should the township have a legal firm on a paid retainer? If the township employees are a protected "worker" there is no need. When was the last time that Brick Township was involved in a legal case? How much did it cost the tax payers? If “Tort” rules… it is time to only hire legal help on a case by case. Not via retainer. I bet this would save the tax payers 10’s of thousands.

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Tarkus

1:14 pm on Tuesday, December 20, 2011

How about "Shared Services", split the retainer fee with another town since it's a "As needed service.

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Daniel Nee

1:48 pm on Tuesday, December 20, 2011

They are required by law to have an attorney. Whether that attorney is on retainer or a full-time township employee doesn't matter, but the township must, by law, have an attorney. Howell actually decided several years back to switch from a retainer to an in-house attorney, so that would be an option.

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Daniel Nee

1:51 pm on Tuesday, December 20, 2011

Toms River also has a full time, in-house attorney, by the way.

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TimeForChange

3:50 pm on Tuesday, December 20, 2011

Apparently, retainers are the preferred method of this crook. They can get paid for doing nothing. Most attorneys wouldn't work full-time, even at Juan's salary.

cando21

1:08 pm on Tuesday, December 20, 2011

Just follow the campain MONEY from the Ocean County Republican party down to each Republican Canidate then you will see just who will get the jobs and the appointments its that simple

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cando21

1:14 pm on Tuesday, December 20, 2011

The council can vote NO but the Mayors appointments still stay as Hold Overs for as long as it takes Until a New Mayor is Electiced and sworn in and makes the new appointments that the Council votes yes on its just the way it is Next time vote for a new Mayor!!! I bet the last guy who ran would have done a much better job but Republican MONEY bought this Mayor his job.

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Mickey

4:39 pm on Tuesday, December 20, 2011

did any of the candidates return any contributions from Rittacco or his company ?

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cando21

8:08 pm on Tuesday, December 20, 2011

Of course Not with these Republicans the money come before everything just because returning that money would have been the right thing to do don't for one min think they were going to give back MONEY
It is easy enough to check out go to the state elec sight you can see every dime they got and where they got it from

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Mickey

8:51 pm on Tuesday, December 20, 2011

Artie or Dan......care to share your thoughts on why any money wasn't returned or do you think they should keep it ?

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Mickey

7:13 am on Thursday, December 22, 2011

noticed neither replied or commented

Laraine

6:22 am on Wednesday, December 21, 2011

I love the Brick Patch, especially the forums about local government. As I do learn something new everyday I also find humor in most of the comments. Looking forward to a new year with a wide variety of Brick Patch entertainment. My contribution to make it more visually positive may have been small potatoes but it was more than most who just sit here and type!!! I wish all a happy and healthy new year.

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Sean Conneamhe

6:40 am on Wednesday, December 21, 2011

"Happy Winter Solstice, Happy Hanukkah, Jolly Yule, Merry Christmas, and Happy New Year to All."

"And Happy Festivus, as well!"

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Kevin Koch

8:06 pm on Wednesday, December 21, 2011

If Joe Lamb's figures are correct, $1.78 million over 5 years would equal roughly $345,000.00 per year. We should consider hiring a full time attorney (in-house so to speak) at a salary much lower than the $345,000.00 we currently pay. Sounds like something that should be entertained at a council meeting as a serious cost saving measure to our town. Let the comments begin!

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Sal Petoia

6:20 pm on Friday, December 23, 2011

Kevin: At $345,000 per year, the weekly legal costs are over $6,600 a week. How about if we seek a full time lawyer for a salary not to exceed a not so shabby $4,000 a week. Let qualified attorneys bid for the job, and the one who submits the lowest bid under the $4,000 maximum, gets the job. There are probably a lot of lawyers out there who are qualified and would want the security of a $200,000 a year full time job with benefits. No politics involved, no quid pro quo, no payoffs to campaign supporters. Brick taxpayers get a qualified attorney at the lowest possible cost. But will it ever happen? No… because that's not the way the game of politics is played. So unless we get a mayor who is not beholden to political benefactors, and who can think "out of the box", don't ever expect anything to change. Besides, mayors like to have an attorney they can "trust", i.e. a political ally.

cando21

7:42 pm on Friday, December 23, 2011

Maybe it's time to change the form of Gov. Back to what is was when there were no Repbulicans or Democrats

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Sal Petoia

8:28 pm on Friday, December 23, 2011

Cando: We had non-partisan government for over 20 years, and it worked well. Many say we can't go back, but if the people really want it, it can be done. Political parties will stiffly oppose a change back, however.

Sean Conneamhe

9:24 pm on Friday, December 23, 2011

"Brick Township had a nonpartisan form of government from 1967 to 1990."

"The problem has not been the partisan form of government--the problem has been the strong-mayor form of government."

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Sal Petoia

10:23 pm on Friday, December 23, 2011

Sean: What would you suggest as an alternative?

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Brick

11:03 pm on Friday, December 23, 2011

It's a give and take as far as the appointments... I'm guessing Juan is take... Good choice dumping the man who lost the Rep. the election...

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carnjahully

11:47 am on Sunday, December 25, 2011

Sorry, but you are very misguided. Nothing is going to change in the administration.

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Sean Conneamhe

1:41 pm on Sunday, December 25, 2011

"A nonpartisan Township Committee form of government with an election every year in November and the mayor/chairman elected annually each January by the committee members seems to be the best form of government. In such a government it would be difficult for a single person or party to have too much power."

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