Booker v. Rice, A-2413-12T4; 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, Essex County, L-8586-12. [Sat below: Judge Carey.] DDS No. 21-2-0533 [14 pp.]
Pursuant to the Faulkner Act, N.J.S.A. 40:69A-1 to -210, Newark maintains a mayor-council form of government, with nine council members and a mayor. In November 2012, Councilman Donald Payne Jr. resigned from the council. On Nov. 20, 2012, with the eight remaining members present, the council attempted to appoint his successor. N.J.S.A. 40A:16-7 requires that a majority of remaining council members, here five, approve of a replacement to fill the vacancy.
