Council Taps Wichterman to Fill Vacancy, Term Will End after November Election

CAPE MAY – At a special meeting of Cape May City Council April 1, Jack Wichterman was selected to fill the seat vacated by Jerry Inderwies. Inderwies resigned his seat over the controversy surrounding the council’s action to rescind the appointment of Robert Sheehan as chief of police March 3.
Wichterman served on the council until January after he decided not to seek reelection last November. City Solicitor Anthony Monzo explained that council had 30 days to fill the vacancy or the seat would remain empty until November. That 30-day period was quickly coming to a close.
The meeting began with a discussion by Monzo on the options before the council. Council has the power to fill the vacancy or elect not to do so and operate as a four-member body from until the next election period in November of this year. Any individual selected by council serves in Inderwies’ seat only until that point.
In November, voters will select someone to serve for the remaining period of Inderwies’ term. The individual elected in November is immediately placed on council after being elected.
Mayor Edward Mahaney stated that it is difficult to find people willing to serve. He cited three reasons for the reluctance. The time demands of service, the growing workload facing municipal council members, and the exposure to public scrutiny that can be tough on the individuals and their families.
Mahaney recounted the fact that council last year elected not to fill a vacant seat and worked effectively with four members. He stated that the “public elects people to service on this body” and he seemed inclined to continue that by going forward with the four remaining members. He did remain open to Wichterman, citing his knowledge of the issues facing council.
While all of the members showed an appreciation of Wichterman’s experience and commitment, his selection was not without some reservation. Council member Shaine Meier, who made the motion to select Wichterman, said he preferred to see the seat filled and that “it seems that Jack Wichterman is the only one willing to do it.” Meier added that he had differences of opinion with Wichterman on issues but he went forward with the motion.
Council member Bea Pessagno followed, saying that she had some of the same differences with Wichterman. What both were referring to, as Pessagno explained, was Wichterman’s strong position on the school funding issue with the Lower Cape May School District.
Wichterman had led the fight to have Cape May take the issue to the courts as a means of reducing what he saw as the disproportionate burden that falls on the taxpayers of the city. Pessagno seconded the motion to appoint Wichterman but prefaced it with a statement that expressed her desire that the school issue wait until there is a “newly elected council” in place.
She said the city’s special council on the issue had told her that this could wait and there would even be advantages to seeing how some cases in North Jersey play out in the courts.
Wichterman’s selection came with a clear acknowledgment of his experience but also with an equally clear reluctance by Meier and Pessagno to have council move forward on the school issue prior to the November election. Mahaney had spoken about trying to avoid giving an advantage to any candidate in the November election through this temporary appointment to the council. Pessagno said she expected that Wichterman would not run in November and thus his appointment would avoid the issue of an advantage to any one candidate.
Wichterman, who has been on vacation, must still accept. Jerry Gaffney, an ex-mayor of Cape May, expressed concern that Wichterman was not present to be sworn in. Monzo explained that the statute did not require his presence. “As long as he has not expressed an unwillingness to serve,” Monzo said, “he can be sworn in when he gets back to New Jersey.”
Gaffney had an exchange with Mahaney on the issue of whether or not Wichterman needed to be in-state and be sworn within the prescribed time period. Mahaney indicated that his “concerns were duly noted.”
Mahaney, who presides over a council that has been heavily criticized recently over the Sheehan controversy, noted that council did not attempt to have any closed session on the vacancy and held its discussions in public to demonstrate transparency in the process.
“We can be criticized no matter what we do and we understand that,” Mahaney said. “If Mr. Wichterman declines to serve; the seat will remain vacant until the November election.”
To contact Vince Conti, email vconti@cmcherald.com.