Appointments violated state law, suit states BY PATRICIA A. MILLER Staff Writer BRICK TOWNSHIP - None of the defendants named in a lawsuit filed by Mayor Daniel J. Kelly over appointments, need to have attorneys, Kelly's lawyer said "They don't need to be represented," said Toms River attorney Steven Secare. "There is no personal peril to them. They are not going to lose any money. It's a purely legal question. The mayor and I think he is right." Superior Court Judge Frank A. Buczynski gave those named in the suit until Feb. 23 to respond. "I don't want to prolong this," Buczynski said in court Friday. "Have everyone back on the 23rd. Everyone will have been served." The sole question in Kelly's lawsuit is whether Township Clerk Virginia Lampman, who was appointed acting mayor by former Mayor Joseph C. Scarpelli on Dec. 6, had the legal right to make mayoral appointments at the New Year's Day organization meeting. Kelly and Secare contend she did not. The appointments violated the state Municipal Vacancy law, the suit states. Scarpelli's resignation became effective on Dec. 8. That's when Lampman's rights as acting mayor ceased, according to the suit. "At that time, Scarpelli's authorization to Ms. Lampman to act as mayor terminated, as he no longer held the power to make such an authorization," the suit states. "To construe N.J.S.A. 40:69A-42 as granting the outgoing mayor the power to handpick his successor after he vacates the office, even temporarily, borders on the absurd." The mayor's office was "vacant" until it was filled in accordance with the Municipal Vacancy Law on Jan. 4, when the Township Council tapped Kelly to serve as mayor until a special election in November. The suit cites previous cases and notes that Scarpelli could not choose only one person as his successor. The municipal vacancy law mandates that three names from the same political party as the official who has left must be submitted to the governing body. And Lampman would have been ineligible anyway, because she is not a registered Democrat, the suit states. The political party of the departed official has 15 days from the time of his or her resignation to submit three names for consideration. The Brick Democratic organization submitted three names - former Mayor Daniel F. Newman, former Councilwoman Kimberly Casten, and Kelly as possible replacements to the Township Council on Dec. 15, seven days after Scarpelli resigned. "Despite the early notification of nominees from the Democratic municipal committee, the Township Council refused to take action on the appointment to fill the vacancy until Jan. 4, 2007," the suit states. All of those appointed by Lampman on Jan. 1 were named as defendants. They include Township Administrator Scott M. Pezarras, who was acting administrator previously; Township Attorney George R. Gilmore, who replaced the firm of Starkey, Kelly, Bauer and Kenneally; Township Prosecutor Steven Zabarsky, who replaced Casten; Birdsall Engineering; Nan Coll; Kathy Russell; Joseph Perna; Bernard Reilly; Jack Hahn; Dominic Rappoccio; Virginia Lampman, and the Township Council.