From Empowernb.com
New Brunswick, NJ – The Honorable Judge James P. Hurley ruled today, that New Brunswick residents will get to vote on a citywide referendum for ward-based City Council elections this November. In his highly anticipated decision, Hurley ordered New Brunswick City Clerk Dan Torrisi to honor the petition of a local grassroots group, Empower Our Neighborhoods. Hurley said that the New Brunswick city government acted improperly when it rejected the group’s petition on October 21, 2008. Both Torrissi and the City Council were defendants in the suit.
This decision is the latest in a chain of litigation which began in July of 2008, when the city government improperly rejected a petition for a vote on wards signed by 1,116 New Brunswick residents. EON brought suit against the city to compel Torrisi to accept the petition, and that litigation was still pending when ballots were printed for the November 2008 general election.
In October 2008, EON circulated a new petition calling for a referendum on wards in November of 2009, which the city again declined, citing an action of the City Council for an alternative ballot question. Judge Hurley rejected that rationale, pointing out that the prior litigation had determined the Council’s ordinance, O-060807, to be illegal. Charter study ordinances, as they are commonly known, are frequently used by incumbent New Jersey municipal governments who favor the status quo to prevent residents’ groups from winning changes to the municipal elections process.
“It’s fairly apparent by now that the city’s objections were politically motivated,” said EON member Martha Guarnieri. “The law requires a public vote on a legitimate petition, no matter what the government thinks of it content. We’re very glad Judge Hurley has affirmed the people’s right to determine their own form of government and look forward to another exciting campaign for change in our City.”
Longtime New Brunswick resident Thomas Peoples felt that the decision was a long time coming. “This is a great victory for New Brunswick.” said Peoples, leader of the Lincoln Gardens Neighborhood Block Association. “We’re finally going to have a government of the people, and that’s accountable to the people.”
The ward question, which would guarantee each ward one representative on the City Council, will appear on the ballot in the general election on November 3, 2009.
