City Says Council Not Able To Overrule Decision On Lay Offs

City hall officials are saying that the city council, although allowed to disagree with the city's decisions, has no power to adopt a resolution overruling the administration's decision to lay off police officers. 

Second Ward Councilwoman Beth Mason Wednesday night proposed a resolution opposing the lay offs and forcing the administration to rescind both the police lay offs and the demotions of several senior officers. The resolution was tabled until the Sept. 15 meeting. 

In a press release Thursday afternoon, the mayor's office responded to the resolution, saying that it "clearly crosses the line that separates the roles of the governing body and the Administration, and is a patent attempt to usurp the role of the Administration."

Business Administrator Arch Liston and Corporation Counsel Michael Kates said that, based on the Faulkner Act—a New Jersey act that lays out the power of the different branches of municipal government— the council is allowed to disapprove of a decision by the administration, but can't direct the administration to take action. 

The release further stated, "there is a separation of functions between the Council, which is a legislative body, and the Administration, who performs the executive function.  The Council does not have the power to rescind an action of the Administration or to direct the Business Administrator or Mayor to do so."

But Councilwoman Mason disagreed. "I'm very disappointed that the mayor would use legal reasons for not allowing the council to express its opinion however it chooses to do so," said Mason in a phone interview on Thursday afternoon. 

About the administration's decision to lay off the cops, she said that the council has "the ability to decide how those decisions are played out based on how they are funded."