Judge tosses out appointed councilman

Court voids all actions Emilius was part of, By Beth Kalet Vernon — Vernon is down one town councilman again. A judge on Monday invalidated the council’s appointment of Paul Emilius Jr., who on June 8 took the seat vacated by former councilman Glenn McLaughlin. Not only did Judge Edward V. Gannon rule that Emilius’s appointment was improper, but he also invalidated all actions taken by the board in which Emilius’s vote affected the decision. What this means to the township has yet to be determined. According to a prepared statement from Township Manager Melinda Carlton, Vernon is “reviewing the opinion at this time and will determine what the township’s future course of action will be. In the meantime we will comply with Judge Gannon’s ruling.” The ruling came about after former mayor Victor Marotta filed a lawsuit on June 19, that was heard on Aug. 21, in which he claimed the council had illegally appointed Emilius to the vacancy. He asked the court to void Emilius’s appointment. The suit named the township, mayor and council as well as the Vernon Township Republican Committee, all charged by Marotta with improper handling of McLaughlin’s resignation. At issue was the timing of McLaughlin’s resignation, its announcement to the public and the time lapse between those events and eligibility for a candidate to be placed on the ballot for November’s election. Underpinning Marotta’s suit was the charge that by manipulating those factors, Vernon voters were deprived of an opportunity to choose a replacement. Marotta, along with his lawyer, Kevin Kelly of Newton, had first brought the issue before the Republican Committee, which was responsible for naming three choices to fill the vacancy. He then brought his concerns to the Township Council and ultimately filed suit. “We had tried very hard to avoid this,” Kelly said on Tuesday. “We had sent memos and the lawsuit was a last resort... and it wasn’t taken lightly by us.” “The point I want to emphasize is that the voters in Vernon now get to decide who represents them,” Kelly said, “not just a few people...and that was the purpose of this case.” I’m not doing this for me. I’ve had more than enough of my 15 minutes of fame in this world. But I love Vernon Township and despite whatever my adversaries may say, I’m not going to stand by and watch people break the law.” Victor Marotta