Zimmer v. Castellano

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, we consider whether the remaining members of the Hoboken Council validly replaced a resigned member. As we held in another appeal, also decided today, regarding action taken by the Newark Council to fill a vacancy, Booker v. Rice, 431 N.J.Super. 548, 71 A.3d 206, 2013 WL 3357614 (App.Div.2013), in this context abstentions may not be counted as “no” votes. We reach that conclusion based on an interpretation of Robert’s Rules of Order because, unlike the Newark Council, which has a specific rule of procedure that governed…