Ho-Ho-Kus November 30, 2011 THE VILLADOM TIMES III • Page 3 Weiss will return to seat on borough council by Jennifer Crusco For the second time this year, the Ho-Ho-Kus Council has named Kimberly Weiss to the vacant seat on the borough’s governing body. The appointment was made by resolution at last week’s council meeting following an From one troop to another Ho-Ho-Kus Daisy Troop 4725 stuffed over 40 stockings to be sent to U.S service men and women overseas with the help of the Contemporary Club. Club members provided donated items and treats requested by the soldiers. explanation of the Municipal Vacancy Law by Ho-Ho-Kus Borough Attorney David Bole. The unexpired term on the Ho-Ho-Kus Council, which had belonged to Kevin Crossley until his move to New York this summer, had been held by Weiss from July 26 until Nov. 8. There were no challenges in this year’s mayor and council elections, and borough officials indicated that no competition was anticipated for the unexpired term. However, due to an apparent oversight, the unexpired term, which extends through December 2012, did not appear on the official election ballot. When borough officials realized the error, they appealed to Bergen County Superior Court, asking to have the ballot reprinted to provide a line for the unexpired term. However, Judge Robert Wilson ruled that no one’s name could appear on the November ballot this year. The council could have decided to hold a special election to fill the seat. However, a borough official indicated that this would have been a costly option at $15,000. Borough Attorney Bole, speaking at last week’s council session, advised the council that it could choose not to fill the vacancy, but would then have to function as a five-member body until Jan. 1, 2013. Under that option, the seat would have remained open throughout 2012 since a candidate would have to file for election in the spring of 2012, receive voters’ approval in the June primary, and be officially elected to office in November 2012. Those who are elected in the November general election are seated at the reorganization meeting the following January. The attorney explained that leaving the seat vacant would have its own set of difficulties as some votes, such as decisions on bond ordinances and emergency measures, must be approved by a two-thirds majority of the council. He noted that there could conceivably be an issue mustering the necessary votes to approve these actions. Bole added that the council could fill the vacancy by appointment. He explained that, anyone who was appointed and wished to remain in the seat until the vacancy expires in 2012 would have to successfully run in the 2012 primary and general elections. The attorney added that any potential challengers would have the opportunity to seek election to the unexpired term in the 2012 primary. The attorney advised the council that the Municipal Vacancy Law provides that “(i)f the incumbent whose office becomes vacant was not elected to the office as the nominee of a political party, the governing body may, within (continued on page 13)