Zimmer v. Castellano, A-2559-12T4; Appellate Division; opinion by Fisher, P.J.A.D.; decided and approved for publication July 5, 2013. Before Judges Fisher, Alvarez and St. John. On appeal from the Law Division, Hudson County, L-5410-12. DDS No. 21-2-0532 [12 pp.]
Pursuant to the Faulkner Act, N.J.S.A. 40:69A-1 to -210, Hoboken maintains a mayor-council form of government, with nine council members and a mayor. In September 2012, Councilwoman Carol Marsh tendered her resignation. On Oct. 3, 2012, the effective date of the resignation, the council held its regularly scheduled meeting with seven of the eight remaining members in attendance. James Doyle was nominated to fill the vacancy. Four council members voted "yes," two voted "no," and one abstained. Those who voted yes took the position that the abstention and the absence of another should be considered "no" votes, thus resulting in a 4-4 tie that permitted Mayor Dawn Zimmer to use her power under N.J.S.A. 40A:16-8 to break the tie. She voted for Doyle.
