UPDATE: Council Needs Outside Counsel—But Not More Lawsuits

A special meeting of the township council has been scheduled on Saturday, Sept. 17 at 9 a.m. to discuss the retaining of independent, special legal counsel to advise the body on the issue of a petition aimed at changing the date of municipal elections in Montclair.

The meeting will be held in the first floor council chambers at 205 Claremont Ave.

Official action may be taken at this meeting.

Fourth Ward Councilwoman Renée Baskerville said Wednesday the council should seek outside counsel to explain the issues surrounding Mayor Jerry Fried's petition, which calls for a referendum on changing the date of local elections from May to November.

"It's not unusual for us to retain outside counsel and I don't want people to think I'm intending to file a suit against the mayor or anything like that," she said.

"But this is a difficult issue for us," she said.

According to Baskerville, Township Attorney Ira Karasick says he can't advise certain council members on the matter as he's already been counseling Fried as well as Township Clerk Linda Wanat on laws related to the referendum.

Wanat announced Tuesday Fried's group of petitioners had collected the adequate number of signatures. She then certified the group's petitions. Last week, Fried's group thought it had collected enough signatures when in actuality it hadn't as Wanat had mistakenly given Fried the incorrect number to gather to get the referendum on the ballot.

The next move for the council is to consider an ordinance that would change the election date at a council meeting on Tuesday, Sept. 20. But even if the majority of the council chooses to vote "no" on the ordinance, which is likely, the referendum still will be placed on the ballot in November, according to an interpretation of the law by Fried and others.

"The town is in agreement with the county, and with the attorneys for the town and the county, that this will go on the ballot," Fried said.

The only hitch could come if someone who disagrees with the move files a lawsuit.

Although Baskerville is one of four council members who oppose holding a referendum at this stage and without further study, she said Wednesday that the answer is not more lawsuits.

"That's the last thing the town needs," she said.

Baskerville also made a point of praising Wanat's years of service to the town.