MARGATE – Commissioner Maury Blumberg April 3 accused his fellow Margate commissioners of attempting to usurp his authority by passing a resolution that requires the full board to vote on hiring, promotions and salaries normally controlled by individual commissioners. Following a contentious discussion, the resolution was adopted 2-1.
Blumberg called the procedural resolution an “ugly attempt” to interfere with the management of his department and is “political in nature.”
The city’s three-member non-partisan commission form of government is organized under the Walsh Act of 1911, which provides each of the commissioners with total control of the day-to-day operations of their respective departments, including hiring, firing and recommending salary increases. There are only 30 New Jersey municipalities chartered under the Walsh Act.
Blumberg is Commissioner of Revenue and Finance, Commissioner Cathy Horn is Commissioner of Public Safety, and Mayor Michael Collins is Commissioner of Public Works. According to the Walsh Act, there is no single chief executive, and the mayor is elected to preside over the board meetings. The mayor has no veto power.
Blumberg asked that the resolution, which states the board will “review and approve by a two-thirds vote, all change of titles and salaries related to same if not already specified and approved by personal service contract or collective bargaining agreement,” be pulled from the agenda.
“I am still looking into what I believe is the legal nature of the resolution and I’m seeking outside opinions on it,” Blumberg said.
Collins pushed for the vote, which passed 2-1, stating he had secured three legal opinions that indicate the commission could move forward with the resolution.
The city’s contracted labor attorney, Blaney, Donohue and Weinberg PC, rendered an opinion that the authority to hire, fire and promote belongs to the department head, Blumberg said.
“I don’t know what the intention is, but if it’s genuine, it would say the city will review and approve by unanimous vote, not two-thirds vote. To me, it’s an ugly attempt to interfere with the management of my department. I believe it to be illegal and 100% political in nature,” Blumberg said.
Blumberg noted the other opinions only addressed the full commission’s ability to vote annually on the salary ordinance, which outlines Civil Service and other job titles and their salary ranges.
Although the law provides for commissioners to be in control of the day-to-day operations of their departments, administrative law gives governing bodies authority over spending money on salaries and wages, Collins said.
“We are in uncharted waters if we pass this and we are going to face legal challenges, the first one will be from me,” Blumberg said. “I’m going to fight it and all my fellow commissioners in the State of NJ are going to fight it.”
Blumberg said he would not be “bullied and retaliated against” for not supporting capital projects the other commissioners’ support, such as the $2.3 million needed to purchase a gas station and turn it into an 18-space parking lot.
“The idea that we can just spend, spend, spend and increase taxes is wrong, and you guys are coming after me,” Blumberg said. “They’ve gotten together, and they decided that they are going to challenge my authority outside the authority given to me through the Walsh Act over 100 years ago.”
Collins said NJ administrative law gives the mayor supervisory authority over every department and that Blumberg keeps him in the dark about what’s going on in the Revenue and Finance Department.
Collins said when he reviewed the budget, 94% of this year’s 1-cent tax rate increase was in the Building Department, which is controlled by Blumberg.
“That’s just inaccurate,” Blumberg said, stating that revenue in the department was up this year.
Collins said two other attorneys and the NJ Department of Community Affairs offered opposing opinions, citing administrative code.
“You deserve transparency from government and from each other,” Collins said addressing the audience. “We all deserve to know what each other is doing in our departments.”
Collins said providing increases in salaries in one department often trickles down to other employees, which increases the city’s operating expenses. Collins said there were hires in the past that the rest of the governing body did not know about, and some employees were given raises to the very top of the salary guide.
Although the city has several bargaining units, including for Police and Fire departments, there are numerous employees who have individual contracts.
He said he has asked Administrator Patrick Moran to provide desk audits outlining the hierarchy of positions and titles, which would help the city control future operating budgets.
“My intention is to go with our administrator’s recommendations,” he said.
“To me it’s about being transparent,” Collins said. “Every time we spend a dollar we vote on it. If we buy a shovel, we vote on it to pay that bill; if we do a contract to pay an employee, we vote on it. If two people say no, it gets denied.”
Collins said he wants individual labor agreements to be consistent throughout departments, so it is easier to control future budgets and have an organizational structure that benefits employees’ upward mobility.
“We owe it to people and each other to be transparent. That’s all this is intended to do,” Collins said.
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