NEWARK - Although its members can choose to leave the seat
Newark Mayor Cory Booker: Politicker file photovacant, the City Council has the statutory power to appoint an interim replacement for Central Ward Councilwoman Dana Rone.
At the moment there are no obvious candidates to replace her.
The street buzz all week in Newark was that Essex County Prosecutor Paula Dow would back off from her recommendation that the book be thrown at Rone, who was convicted of obstructing justice and under the law had to renounce her council seat.
Dow did back off, issuing a letter to Essex County Judge Patricia Costello to waive forfeiture in Rone’s case.
North Ward Democratic leader Steve Adubato: Politicker file photoBut Costello didn’t see leniency as an option here, and barred Rone from serving on the council - and from serving elected office, period.
If Rone’s abrupt exit leaves the field of individuals open - and sources say former Central Ward Councilman Charles Bell may be interested in running for the vacant seat - there are two obvious machines with a stake in Newark’s second largest ward.
One is controlled by Newark Mayor Cory Booker and the other is manned by North Ward Democratic Organization leader Steve Adubato.
As part of a June stand-off for the right to serve as Central Ward Democratic Party chairman, Dwight Brown, an ally of Adubato’s, defeated Jermaine James, who’s been with Booker going back to the 1990s, when Booker served as the Central Ward councilman.
If the council decides to fill the vacancy, Booker can probably count on Council President Mildred Crump, West Ward Councilman Ronald Rice, At-Large Councilman Carlos Gonzalez, and South Ward Councilman Oscar James, Jr., to back the mayor’s choice for a replacement, who would sit on the council for two and a half months and enjoy somewhat the benefits of running as an incumbent.
That’s not a majority.
Where East Ward Councilman Augusto Amador, At-Large Councilman Luis Quintana, and South Ward Councilman Donald Payne, Jr., stand at present cannot be as readily identified.
Although Amador and Payne ran with the Booker Team, they both withstood district leader challenges from Booker’s people in a June county committee fight.
If Adubato decides to run a candidate in the central ward, North Ward Councilman Anibal Ramos - an Adubato ally - would not be likely to vote "aye" for a Nov. 4 incumbent aligned with Booker.
Should the council reach a compromise, or if Booker prevails by rousting another vote - or even the seat remains empty and Booker takes his chances with a fresh council candidate on Nov. 4 - the question is whether Adubato and Brown decide to go to war again with the mayor and put up their own candidate.
Adubato is currently in a meeting at the North Ward Center to assess the situation.
This battle plan presents some distinct disadvantages for the North Ward boss.
According to Essex County Clerk Chris Durkin, the special council election will be held on Nov. 4.
That’s the same day as the presidential election. Adubato and his organization backed Sen. Hillary Clinton in the primary, and whether they would go against a Booker candidate with Barack Obama at the top of the presidential ticket is a big question mark.
Adubato may not want to run the risk - or he may not be able to resist the opportunity to win another council seat.
Meanwhile, sources say Booker’s political operative James will likely not want to take a pay cut to go to the city council, where the salary is $86,000.
"There is a contingent out there that will stand up and demand a woman," said West Ward Councilman Ronald C. Rice. "Mildred Crump is the only woman on a nine-member council."
One person whom Booker and James had been grooming for Rone’s council seat in the event of a permanent rupture between the mayor and the independent-minded Rone is Nikea White. But White failed in her county committee fight earlier this year.
That leaves open the potential for Central Ward teacher Deborah Ballard. Sources describe her as close to James and Booker, and she might find allies among the mayor’s inner sanctum.
What role state West Ward-based Sen. Ronald L. Rice (D-Newark) takes in a possible Central Ward battle could also prove influential, as he has pitted himself against both Booker and Adubato.
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Does anyone have a copy of Judge Costello's Opinion?
Why is everyone so willing to believe that Adubato, Booker, and Corzine have that much influence over the Essex County Prosecutor’s Office? If in fact these parties are in communication with the Dow then they are just as guilty as Rone (if not more). I just don’t buy it.
Regardless, I don’t get Judge Costello ruling in light of Dow’s July 30, 2008 letter requesting waiver. http://blog.nj.com/ledgerupdates_impact/2008/07/dowletter.pdf
Does anyone have a copy of the Opinion (if one was produced)? And if so could someone publish it here (Essex never seems to publishes Superior Court Opinions on the Court's website like other Vicinages). My reading of Flagg in light of Dow's request for wavier makes me think that Judge Costello's ruling might be an abuse of discretion. In Flagg, both the Appellate Division and Supreme Court look at established precedent in another setting for guidance (Prosecutor's denial of admission to a criminal diversion program (PTI)) as well as the Legislative intent of the forfeiture statute. In those PTI cases I believe there is a line of cases, which basically say a judge reviewing a denial of admission to PTI (wavier) can not substitute his or her judgment for that of the prosecutor as long at the Prosecutor provided a written statement. Or in this case followed the AG’s promulgated guidelines.
In other words, if Judge Costello did not adequate support her finding I think Rone has a chance at reversal. If the Judge hung her hat on “I find that whether an individual is fit to serve public office is not sufficient reason to waive forfeiture” and ignored the other factors set forth in the AGs guidelines (and discussed in Dow’s July 30, 2008 letter) I think Rone will keep her seat.
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