HomeMy Public PortalAboutr 97:096 No. 97-96
Date of Adoption MARCH 6~ 1997
RESOLUTION URGING EXEMPTION FOR MUNICIPALITIES
FROM LEGAL FEE REIMBURSEMENT OBLIGATIONS
WHEREAS, it is incumbent upon elected officials at all levels of government to
strive to reduce the property tax burden placed on homeowners in the Borough of
Carteret (the "Borough") and all throughout the State; and
WHEREAS, the current state of the law requires that municipalities reimburse
employees and in some instances third parties for legal fees incurred in defending
against criminal complaints resulting in indictments where said party was found not
guilty, despite the fact that the complaint was initiated by the State Attorney General
or the County Prosecutor; and
WHEREAS, such a condition results in an undue burden on property taxpayers; and
WHEREAS, the Borough Council of the Borough of Carteret believes that
municipalities should be exempt from having to reimburse legal fees under the
circumstances outlined above.
NOW, THEREFORE, BE IT RESOLVED:
1. The Borough Council urges the State Legislature to pass legislation which will
exempt municipalities from being required to reimburse defendant's legal fees where
the criminal ~omplaint(s) results from the action of law enforcement agencies or
offices not directly under the control of the municipality.
2. That the Borough Clerk be directed to forward a copy of this resolution to other
municipalities in Middlesex County to seek their support.
3. That the Borough Clerk be further directed to forward a copy of this resolution
to State Senator James E. McGreevey, Assemblywoman Arlene Fricia and
Assemblyman John Wisniewski.
Adopted this 6th day of March, 1997
and certified as a true copy of the original
on March 7, 1997.
KATHLEEN M. BARNEY,
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
BIALOWARCZUK x FAZEKAS X
_DuPONT x FEINGOLD x
FAILACE x GUTOWSKI x
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Sj
Adopted at a meeting of the Municipal Council
MARCH 6, 1997
CLERK V