ROCKAWAY TOWNSHIP — Late night, last-minute legally questionable meetings, unclear leadership and political infighting have plagued Rockaway Township since its mayor died in August. Now the township readies for its next challenge — which of its two appointed interim mayors is the official one.

Days after the Township Council selected an interim mayor, the Republican County Committee selected another. Township leaders are now gearing up for a fight.

Paul Minenna was appointed by the township council on Friday during a last-minute late night meeting.

Adam Salberg was appointed by the Republican County Committee three days later in a last-minute Monday night emergency meeting.

“This just makes us look even more ridiculous than we have been,” said Minenna.

The council was tasked with choosing an interim mayor from a list of three candidates presented by the Republican committee within 30 days of late Mayor Michael Dachisen’s death on Aug. 15.

Both appointed interim mayors' names were on the Committee's list, along with current Councilman Michael Puzio.

On Thursday, just days after Minenna set up his mayoral office in town hall, Salberg arrived at the township clerk’s office with a notice from the committee stating he is their elected choice for interim mayor.

Who is the official interim mayor?

Minenna is the mayor, say council members and the township's legal representative.

A letter from Township Attorney John Inglesino to Republican Committee Chairman Daniel Anello cites Municipal Vacancy Law, which states council had 30 days "after the occurrence of the vacancy" to appoint an interim mayor.

"Mayor Dachisen passed away on Aug. 15, 2018. Thirty days after his death was Sept. 14, 2018," reads the letter.

The Republican committee said the council missed the deadline, therefore the choice reverts back to them. The committee also questions Council President Jeremy Jedynak's vote for Minenna as he voted while serving as acting mayor. Local code stipulates an acting mayor can only vote to break a tie.

The Republican County Committee, in a letter to members, wrote their vote was necessary “due to possible legal interpretations” stemming from the council's Friday meeting.

The decision may come down to the courts, say experts.

Who's right?

Frank Marshall, staff attorney for the New Jersey State League of Municipalities, said it’s not a simple decision.

As far as Jedynak voting as acting mayor, precedence has been established in cases such as Heller v. Ticknor where a council president was allowed to be in the roles of councilman and acting mayor simultaneously, Marshall said.

Local code written to avoid the conflict of one person holding duel offices in the legislative and administrative branches could preempt that argument, Marshall added.

But it is more likely, Marshall said, the issue may be reduced to: Who can make a better argument on how to count to one?

The Township Council had the authority to pick the interim mayor. But that authority only lasted 30 days. After that, the decision reverted back to the committee. So was Sept. 14 more than 30 days from Aug. 15?

“The way I learned how to count is you take your first step and that becomes one,” Minenna said.

But Marshall said this issue, too, is thornier than it seems and arguments can be made either way.

“It’s the kind of thing that is typically settled by case law,” Marshall said.

Do the number of hours the mayor spent in the role come into play, or does vacancy of the position begin the next full day?

“I am doubtful that there is an answer,” Marshall said.

Jedynak said the committee is playing political games and is trying to take advantage of the political climate in town to put different people in power.

“The county committee scheduled that (Monday's) meeting a week or so ago preemptively and then on Saturday morning sent out an email saying, because of legal interpretations we are going to have the meeting anyway,” Jedynak said.

Making things even more confusing is the fact that Salberg is the husband of Lisa Salberg, who spearheaded a recall campaign against Jedynak.

Salberg said he is laying low at the moment because he doesn’t want to stir things up any more than they already are. But technically, he said he and Minenna are both mayor at the moment.

“It’s a question of which side was in their rights to swear in an interim mayor,” Salberg said. The council feels that they are within their rights and the committee feels that they are within their rights.”

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No lawsuit and no legal action challenging the Council's Friday night meeting has been filed. Salberg and Jedynak said they expect the matter will have to be solved in court.

Minenna said he’s concerned that all of the fighting in town is getting in the way of town business.

“I am trying to stay out of the Hatfields and McCoys, as it serves no purpose to this office for me to get bogged down dealing in the minutia of who’s on first and what’s on second. I want to get things done,” Minenna said. “I just paid a stack of bills that were probably 3 inches tall.”

Email: myers@northjersey.com

