Barrett regains seat on Tinton Falls council
Members disagree, but she is named to unexpired term
BY LAYLI WHYTE
Staff Writer

Kim Barrett may have lost the 2005 election for a seat on the Tinton Falls Borough Council, but her exile was only temporary.

Barrett was appointed last week to fill the unexpired term of departing Council President Luann Catlin.

There was dissent over Barrett’s appointment at last week’s meeting, as well as disagreement over the voting process that led to the naming of Therese Cahill as the new council president.

There was also some confusion about the process of bringing a new council member onboard to fill the vacancy left by Catlin, who resigned because she is leaving the state.

Both Deputy Council President Therese Cahill and Councilman Michael Skudera said they would prefer some time to look into possible replacements for Catlin, but Councilmen Brendan Tobin and Paul Ford expressed their interest in naming Kim Barrett, who lost her council seat by a small margin in the May election.

Barrett ran for election along with Maclearie and Ford on the Open Honest Government slate. Maclearie won the mayor’s office by a landslide, unseating longtime incumbent Ann McNamara.

However, while Ford and Barrett won the popular majority of votes, none of the four council candidates drew enough votes to satisfy the majorities required by the borough’s Faulkner-style nonpartisan form of government.

In a runoff election held June 14, Ford drew enough votes for election but Barrett did not.

Last week, Cahill opened the meeting to nominations, at which time Ford nominated Barrett. Cahill said that she did not realize that voting would take place that very night, and that she did not feel comfortable voting either way.

“People didn’t even know there was a vacancy until tonight,” said Cahill.

“It was announced in the paper a week ago,” replied Tobin. “I have been contacted by a number of people interested in taking the council seat. This is something that people knew about since before the last meeting.”

The council has 30 days after the resignation of a council member to nominate and vote on a replacement.

Cahill and Skudera said they preferred to use that time to investigate options for a replacement and hold a special meeting later for the sole purpose of nominating a new council member.

“I think we’re jumping the gun here,” said Cahill, who asked the council repeatedly to consider closing the nomination process and to schedule a special meeting for that purpose.

“I’m fine with a special meeting,” said Skudera. “I don’t want to rush the process.”

Tobin said that he didn’t believe a special meeting that would have taken place before the regular meeting on Oct. 18 would make any difference to him, and Ford said he felt the same way.

“I don’t see it changing anything,” said Ford. “To me, it’s crystal clear who I want.”

Cahill said that because Barrett had lost in a previous election, she believed that was an indicator that the public did not want her to serve on the council.

“No offense to Kim,” said Cahill, “but it’s a matter that the taxpayers voted someone else in.”

Law Director James Berube said that because the meeting had already been opened for nominations, the only way the council could put off voting on Barrett’s nomination would be for Ford to withdraw his nomination. Ford refused to do so.

“There’s got to be an easier way,” said Cahill. “I just think this is too hurried. I think I haven’t been given the opportunity to talk to others. There hasn’t been anybody who has contacted me about filling the vacancy. I don’t even know any other candidates.”

Berube also warned the council about the legal implications of a vote of “abstain” during these proceedings, saying that legally it was the council’s duty to fill the vacancy, and that only a legal or ethical conflict could back an abstention vote.

Berube said an abstention vote should be considered a vote in the negative for legal purposes.

When Barrett’s nomination was put to a vote, Tobin and Ford voted “yes”, Skudera voted “no” and Cahill voted to abstain, refusing to change her vote after another discussion with Berube over the legal implications.

“An abstention vote is inappropriate at this time,” said Berube.

As per the governing rules of the borough, the tie-breaking vote then went to Mayor Peter Maclearie, who voted in favor of Barrett.

At least one member of the audience was not pleased with the way the nomination process took place.

“This seems like it was ram-rodded through,” said Paul Adams, Tintons Run. “I think it was completely inappropriate to make a decision tonight. It just didn’t pass the smell test tonight, and I am embarrassed that it happened.”

Barrett was sworn in and will fill the unexpired term until Nov. 7, 2006, when she will have to campaign in the general election if she wishes to keep her seat.

Maclearie, who served more than seven years on the council with Catlin, read a proclamation honoring her.

Catlin took the opportunity to say a few words to her fellow council members before accepting her parting gift and leaving the council chambers.

“The council will now be charged with electing a new council member,” Catlin said, “and I trust them not to rely on friendship or favor.”

When the time came for the new president of the council to be confirmed, although the remaining members of the council agreed that Cahill should rightfully step up, there was some disagreement about the order of events.

Ford said he preferred having a full council before confirming a new council president.

“I think it’s in her [Cahill’s] best interest,” said Ford, “if the leader of the council has a full council voting for her.”

Tobin and Skudera voted in favor of confirming Cahill as council president, along with Cahill herself.

“I think she would do a great job,” said Ford, “but I will have to vote no because I’d like to have a full council to vote.”

Tobin was then voted in as deputy president, again with Ford voting no, citing the lack of a full council.

The board also voted — unanimously — to confirm William Brian Dempsey as the director of the Department of Administration. He is due to begin his new job on Oct. 17.