Faulkner Act guarantees right to vote on matters

The "Citizens Guide to Initiative & Referendum," a handbook focused on New Jersey's "Faulkner Act" municipalities, states the following:

"Citizens in one-in-four New Jersey municipalities have the right to put a proposal on the ballot for a direct vote by the people, as well as to call a vote of town residents in order to repeal an ordinance adopted by the local government. This powerful tool of direct democracy, called initiative, is designed to give citizens a voice in government when local elected officials are unresponsive or overly influenced by special interests."

Such direct democratic power is guaranteed to all registered voters in municipalities with initiative; it provides the right to submit a petition to be placed on the ballot to local government concerning legislative matters, such as property taxes and use of public lands."

On June 9, 2014, in a 3-2 vote, the Vernon Township council gave Mayor Vic Marotta the authority to negotiate the purchase of Camp Sussex using Open Space funds. A successful gathering of signatures by petitioners to halt the purchase of the camp ensued, and was certified by Vernon's township clerk.

Now, Township Attorney Kevin Kelly, whose political PAC helped Mayor Marotta gain his position as Vernon's first elected mayor, said that although such initiatives are favored by the court, the Open Space fund ordinance had already been passed and superseded this petition. He recommended the initiative petition be sent to the court for a declatory judgment based on the possibility that it was potentially legally invalid. Had Mayor Marotta and his council, upon taking office on July 1, 2011, not deleted the Open Space Ordinance from the town code, Mr. Kelly might have had a valid point, yet his pondering has all the appearance of a stall tactic to keep the initiative from appearing on the November ballot. Unfortunately for Vernon voters, the Council took Mr. Kelly's recommendation and voted to pose the question to the courts.

Why the desperation to disallow Vernon citizens the right to vote on this matter? Is this obstruction of election law?

Bonnie Rubin
Highland Lakes