Four members of the Rutgers Board of Governors who don't live in New Jersey could lose their board seats if a state judge decides they should be subject to a law that requires state residency for “certain public officers and employees.”

The decision could be consequential, affecting volunteers serving on boards throughout the state who don’t live in New Jersey, Superior Court Judge Mary C. Jacobson said at a March 20 hearing, according to audio of the oral arguments posted publicly by the plaintiff in the case.

Attorneys representing the board members argue the New Jersey First Act solely applies to officers and employees who are compensated, not the board members who are volunteers, unpaid and meet at least six times a year.

But the Rutgers board members hold public positions responsible for the university’s $4 billion budget and students’ tuition rates, a greater authority than some cabinet agencies, argues the attorney representing Charles J. Kratovil, who filed the lawsuit in state Superior Court in Mercer County last year.

“It’s a challenging case,” Jacobson said at the end of the two-hour hearing. She asked both parties to submit further arguments by Friday. A decision on the case is pending.

“It’s an important case for Rutgers. It’s an important case for the state of New Jersey,” Jacobson said at the hearing. “If I were to interpret the act to apply to volunteers, I don’t know how many people can be affected — but it could certainly go much broader than Rutgers Board of Governors.”

Mark A. Angelson, Gregory O. Brown, Susan M. McCue and Sandy J. Stewart are named in the suit. They are unpaid members of the 15-seat Rutgers Board of Governors. All are graduates of colleges within the university. They were either nominated by former Gov. Chris Christie or by the Rutgers Board of Trustees.

Joseph M. Rigby was named in the original suit, but his name was dropped after he resigned from his position a day after the lawsuit was filed.

Angelson lives in New York City, according to his biography on the Rutgers website. He graduated from Rutgers College in 1972 and from Rutgers School of Law in Newark in 1975. He’s been on the board since 2014. His term expires in 2020. He’s the head of the Institute of International Education's Scholar Rescue Fund.

Brown lives in Barrington Hills, Illinois, according to the website. He got his bachelor's from Livingston College in 1982. He began serving on the board in 2012. His current term expires in 2023. He’s the chairman and chief executive officer at Motorola Solutions.

McCue lives in Alexandria, Virginia, according to the website. She got her bachelor's from Rutgers College in 1987. Her term expires this year. She’s the president of Message Global.

Stewart lives in New Hill, North Carolina, according to the website. He graduated from Camden College of Arts and Sciences with a bachelor's in 1981. He began serving in 2015 and his term expires 2021. He’s a retired biotech entrepreneur.

The New Jersey First Act was passed by the legislature and signed by Christie in 2011. The bill stated that “every person holding an office, employment or position in the executive, legislative or judicial branch…or with an authority, board, body, agency, commission, or instrutmentatilty of the state including any state college, university or other higher educational institution…shall have his or her principal residence in this state.”

Exemptions to the rule can be granted or denied by applying to a panel within the state Department of Labor and Workforce.

A Politico New Jersey article from 2015 reported that there had been more than 1,300 requests for exemption from the law since it was enacted.

In 2018, there were about 400 requests for exemption, according to an analysis of information on the state Department of Labor and Workforce website. About 85 percent of the requests were approved, the analysis shows.

So far this year, there were 60 requests for exemptions approved, according to information on the website. It does not appear from a search of the database that the four Rutgers board members have sought an exemption.

Requests come from across agencies in the state, including municipal boards of education.

“I feel we have a strong case,” said Flavio Komuves, who represents Kratovil, in a phone interview Thursday. “I feel that we’ve demonstrated these four individuals live outside of New Jersey and New Jersey law requires everybody who holds a public office or position in the state – whether it be someone who’s a clerk or someone in command of a $4 billion budget – to live in the state.”

Kratovil, a Rutgers graduate, runs an independent news website covering New Brunswick. He was running for mayor at the time he filed the suit. He frequently attends Rutgers Board of Governors meetings and often speaks on agenda items.

Michael Carucci, the attorney representing the board members and Rutgers University – which intervened in the case – said he wouldn’t comment. The university spokesperson also would not comment.

Carucci argues in his brief submitted before the April 5 deadline that the lawsuit comes years after the board members began serving, surpassing the two-year statute of limitation that’s provided in the New Jersey First Act. He also argues that Christie’s nomination of the four members and the state senate’s confirmation “reveals a legislative intent that unpaid, volunteer board members need not reside in New Jersey.”

Email: carrera@northjersey.com

More New Jersey news

Employees:10 employees hired by NJ Schools Development Authority lack basic requirements for jobs

Rutgers:Rutgers president adds money for diversity hiring as faculty strike threat looms

E-ZPass:E-ZPass holders in NY and NJ pay more in other states because each makes its own discounts