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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