Robert Nolan’s lawsuit against West Milford Township still pending 

The lawsuit against the town is still ongoing and has not been dismissed nor resolved.  Both sides are waiting on the judgment.  This update stems from a mistake in The Bergen Record article about us, which incorrectly says the suit was dismissed.  You can read the online article, which has been corrected, on northjersey.com

update:  january 7th 

Robert Nolan’s lawsuit against West Milford Township moves forward with oral arguments

On Friday, January 3rd, attorneys for the Township of West Milford and former Council Member Robert Nolan argued their cases before Judge Frank Covello of the Passaic County Superior Court. The complaint against the town opposes Michelle Dale’s appointment to a full-time role. It seeks to invalidate the ordinances and the resolution granting the council power to change the mayor’s role at will, the new administrative role itself, and her appointment with a salary of $130K.  Both sides filed responses before the arguments, with the town claiming that their actions were within their authority and Nolan reiterating that the new laws violated both the Faulkner Act, which determines how local governments can be structured, and ethics laws. 

The defendants (West Milford) asked for either a dismissal on the grounds that the complaint lacked merit or for a summary judgment, which the plaintiff (Nolan)  also requested. A summary judgment is when a judge decides a case rather than going to trial and is often used when a case centers around the legality of the actions in question.

In their response, the defendants contend that all the actions taken by the Township Council were within their statutory authority and complied with the Faulkner Act, which gives them the authority to set salaries and duties for municipal officers, including the mayor. They cited cases where having a full-time mayor is permissible and common in New Jersey, with no legal conflict arising from this arrangement.  They also contend that the plaintiff failed to challenge the two ordinances within the required time frames and did not pursue the proper procedure for challenging salary ordinances through a voter referendum. 

The plaintiff’s response to the town reasserts that the ordinances and resolution are void because the Faulkner Act, under the West Milford form of government, does not allow the council to create a "full-time mayor" position or modify the mayor's role,  The Faulkner Act defines specific powers for the mayor, council, and administrator, and the ordinances violate this separation by allowing the council to control the mayor's salary and duties. The response argues that the defendants misrepresented case law and incorrectly applied statutes not relevant to the Mayor-Council-Administrator form of government. The plaintiff also contends that the challenge is not out of time, because it seeks clarification of the legality of the town’s actions, which is not subject to a time limit. 

Judge Covello did not render a decision at the time but will hand down his verdict in the next few days. 

Press release sept. 16.

Former WM Councilman Robert Nolan files complaint over mayor’s full-time position

Former Council Member Robert Nolan has filed a complaint against the West Milford Township Council, Mayor, and Township opposing Mayor Michelle Dale’s appointment to a full-time role. The complaint seeks to invalidate the ordinance granting the town council the authority to change the mayor’s position at will, the ordinance specifying the new administrative duties of the mayor and commensurate compensation range, and the resolution appointing Mayor Dale to the new position.  

The first count of the complaint cites several violations of the Faulkner Act.  Notably, there is no provision in the law giving the council the unilateral authority to limit, expand, or modify the mayor's duties or hours. Generally, making substantive changes in any form of government under the Act requires multiple steps, including gaining approval through a public vote. In addition, granting the council the powers to change the position at will makes the mayor’s compensation and duties conditional upon council directives, thereby undermining the separation of the executive and legislative branches.  

The second count cites ethics violations. The NJ Local Government Ethics Act forbids government officials and employees from taking positions where their “independence of judgment in the exercise of official duties” may be compromised, in this case, due to  the possibility of compensation being reduced from full to part-time. Additionally, the Faulkner Act expressly prohibits elected officials from giving jobs to friends or political allies or from accepting jobs and benefits while serving in office. 

Mr Nolan commented, “I initiated this suit because of how the council went about circumventing the law and ignoring the voice of the residents. Changes like these need to be put to a public vote.”  

Robert Nolan serves as the Treasurer of West Milford First, a non-partisan Continuing Political Committee (CPC).  This committee aims to create a ballot referendum to return West Milford's government to a non-partisan, ward-based system.