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County takes over handling of Lopatcong mayor's recall

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Harassment complaints and litigation involving the township clerk presented a conflict.



Petitions to recall Lopatcong Township's mayor could begin circulating around town as soon as this weekend, but the official handling of the documents will be done in the county seat.


Tom McKayA committee is organizing a recall election against Lopatcong Township Mayor Tom McKay. (Lehighvalleylive.com file photo) 

Warren County Clerk Pat Kolb and her office will tend to the various approvals and sign-offs necessary to complete the recall process, she confirmed Thursday. Normally such business would be handled by the municipal election official, typically the township clerk.


However Lopatcong Clerk/Administrator Beth Dilts is involved in recall organizers' stated reasons to oust Mayor Tom McKay and is pursuing her own civil litigation against him which presents a conflict. Kolb said the township's attorney asked the county clerk's office to take over the recall duties.


"We were happy to help out," Kolb said.


A group of residents formed a recall committee last month with the intention of removing McKay from office in a special election estimated to cost $20,632. McKay took office in January.


Kolb said her review of their petition documents is should be completed this week. Signature-gathering can begin once she gives her approval.



Countdown begins


State law strictly governs how recall elections are handled. For the recall to even go to a vote, the organizing committee has 160 days to acquire signatures from the equivalent of 25 percent of township voters registered in the prior general election. In this case, Kolb said, that means 1,466 signatures by early June.


Warren County Clerk Pat KolbWarren County Clerk Pat Kolb (Lehighvalleylive.com file photo)

Those who sign the petition do not have to be registered voters, but must be eligible to vote.


MORE: Read New Jersey's recall election law


If the required signatures are obtained and approved, the recall election would have to be planned around scheduled elections such as a March 8 school referendum and the June 7 primary, Kolb said. Depending how long the process takes, the recall could be held as late as July.


The grievance of the recall committee -- officially listed as residents Robert Spagna, Edmund T. Shuster and William D. Wright -- will be provided to anyone who is asked to sign, as well as a response from the mayor.


The recall committee's statement condemns McKay for his "actions and inaction, statements and misstatements, allegations, personal attacks, dilatory tactics and dictatorial personality" that have "eroded the Township's confidence in the Mayor's office," among other claims.


McKay's response says he has been subject to "a non-stop campaign by certain political opponents" and "bullying behavior" that blocks his goals.


MORE: Read the full statements from the recall committee and mayor


A tumultuous year


Lopatcong Township Clerk Beth DiltsTownship Clerk Beth Dilts (Lehighvalleylive.com file photo)

An independent investigation over the summer into harassment complaints filed by Dilts led to the censuring of McKay in October, though the investigation concluded both sides were contributing to a poisonous political atmosphere in the township.


Since McKay's election last November, there have been public squabbles over his presence as mayor-elect at a closed-session meeting, legal questions over planning board appointments and criticism over his access to security camera footage.


Tangentially, a lawsuit by the township's former chief financial officer accuses Dilts of harassment. The clerk also has a harassment lawsuit pending against the mayor and Councilwoman Donna Schneider for alleged intimidation tactics.


Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.


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