JEFFERSON TOWNSHIP — The Township Council has not yet scheduled a meeting to fill the seat vacated by Councilman Dan Schultz, even as a state law deadline approaches.
Schultz, a Republican, resigned July 23. He was serving a term set to expire December 31, 2028. His departure leaves the governing body with four members: Council President Josh Kalish, Vice President Barbie Garruto, Robert Birmingham and Melissa Senatore.
At the council’s regular meeting on Wednesday, August 5, Kalish was on vacation and did not attend.
Because Schultz was elected as the nominee of a political party, New Jersey’s Municipal Vacancy Law, New Jersey Statutes Annotated 40A:16-11, governs the process for replacing him. Under the statute, the municipal committee of the departing member’s party had fifteen days from the vacancy to present three names to the governing body. The Jefferson Township Republican Committee has put forward three nominees: Bob Vander Ploeg, Sheila Brown and Yvonne Ioffredo. The council now has thirty days from the date of the vacancy, or until approximately August 22, to appoint one of the three nominees.
The council cannot reject the slate or select someone outside it. A 1990 amendment to the law removed a governing body’s discretion to leave a party-nominated seat vacant.
If the council fails to act within the thirty-day window, whether through inaction or a deadlocked vote, the choice reverts to the Republican Committee itself, which would then have fifteen days to appoint one of the same three nominees. The New Jersey Supreme Court confirmed that process in its decision in Linden Democratic Committee v. City of Linden, ruling that a deadlocked council forfeits the appointment to the party committee.
The council’s next regular meeting is not scheduled until September 2, after the statutory deadline, meaning a special meeting would need to be called for the council to act in time.
Whoever is appointed will serve only until the November general election, when voters will elect a council member to serve the remainder of the unexpired term, which runs through December 31, 2028.
