By AUBRIE GEORGE
Victoria Fay was hoping to get her seat on Medford Township Council back, but things aren’t quite going that way after legal action she sought has been denied, and Council has appointed a former township mayor to occupy her seat.
Fay had filed a nine-count complaint with the Superior Court of Burlington County seeking declaratory judgment against Medford Township Council after members had declared her seat vacant pursuant to municipal vacancy law.
According to Fay’s lawyer, Holly C. Fusco, she was seeking to have the court declare, as a matter of law, that a temporary relocation outside of the township, without any intent to remain outside of the township is not equivalent to a change of domicile or residency, as Medford Council has ruled. Fusco said Fay sought immediate injunctive relief to set aside Council’s resolution to vacate Fay’s seat and to stop council from filling her seat with another individual.
However, on April 15, Judge Michael J. Hogan denied Fay’s application to set aside the resolution that vacated her seat and determined that Council could fill the vacant seat.
According to township officials, municipal vacancy law allows the committee of the party that nominated the former member to submit three names for consideration as a replacement member on Council. They have 15 days to submit those names to the municipal clerk. If the party does not submit names, Council is allowed to name the replacement and must to do so within 30 days of the seat being declared vacant.
According to township officials, no names were submitted for Fay’s replacement and the 30 days Council had to name a replacement was yesterday.
Council nominated and voted Dominic Grosso to the vacant seat during its Monday night meeting. Gross is a C.P.A in New Jersey and in Pennsylvania. He served on Council from 1992 to 2000 and was the mayor of Medford in 1993 and 1997. He was also a member of the Medford Township Planning Board from 1984 to 1992 and of the Medford Township Economic Advisory Committee.
Grosso is slated to fill the remainder of Fay’s term, which was originally won by now Burlington County Freeholder Mary Anne O’Brien. The term is set to expire on Dec. 31.
According to township officials, now that an appointment has been made, Fay has the option to amend her complaint to include the specific name of her replacement and challenge the appointment in that way.
