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Middle Will Review Its Government Form

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By Vince Conti

COURT HOUSE – Republican Middle Township Committee member Timothy Donohue inserted a resolution in the township agenda Aug. 6 that called for a non-binding ballot question to test voter interest in a review of the municipality’s form of government.
Democratic Deputy Mayor Jeffrey DeVico added a discussion of that proposed resolution to the agenda of the work session which preceded the regular meeting of the governing body.
The two became unlikely allies in a separate and new resolution which passed at the regular meeting 2-1 with Mayor Michael Clark dissenting. That resolution pledged the governing body to the establishment of an advisory committee to engage in a study of the adequacy of the present form of government and the options for change.
With all details on composition, specific charge and guidelines for its operation yet to be determined, the resolution is an open-ended commitment meant only to seal the deal between DeVico and Donohue. The resolution states that the committee would be formed within 30 days.
The municipality is under the township form of government with a three-member committee elected at large in partisan elections.
Each member serves for a three-year term. Staggered elections guarantee that someone on the committee is going before the voters annually.
The mayor is selected by the three-member committee which means that the office is always in the hands of a member of the party that controls the committee.
A large replica of the township seal hangs behind the dais where the committee sits. It clearly indicts that the township was incorporated in 1798. No change in the form of government has taken place in the municipality’s 220-year history as an incorporated entity.
Argument for Change
Those advocating change argued that the township has long outgrown the practicality of a three-member committee.
The largest municipality in the county at over 72 square miles, Middle Township has a diverse and well-dispersed population. 
A number of residents argued that large areas of the town are not represented on the governing body. They pointed to the fact that the current three members of the committee all live in Court House with no representation on the body from any other areas in the south of the township, along the bayside, or in specific historical communities.
The fact that the committee so seldom moves its meetings to other areas of the township inhibits participation, some argue, increasing the Court House-centric nature of the government.
Those seeing a need for changes argue that three individuals cannot keep up effectively with municipal business and don’t have the opportunity to understand what is important in many of the sub-communities across the township.
A frequently-cited objection to the status quo was the cumbersome nature of intra-committee discussions because state Sunshine Law limits situations where a quorum of members discusses issues outside of an open meeting.
On a three-member panel, two is a quorum.
Others argued that they should have a direct say in the selection of the municipality’s mayor rather than allow that to be a selection made by the three elected committee members who are going to always vote in a partisan manner.
Case for Status Quo
Those arguing that there is no need for change speak of the “good job” being done by the current committee, citing positive changes in areas including economic development and policing.
DeVico pointed to the fact that he has lived in several different communities within the township and does not have a Court House bias.
Others argue that any involvement in a charter change study would distract from important work that needs attention.
Sam Kelly, once a Democratic candidate for the committee, suggested that such distraction from an issue like aid to the homeless might be intentional.
For Democrats, Middle Township is an oasis in a sea of Republican control. Kelly argued that the move for a form of government change was merely another way for a “well-oiled political machine” to seek political control in the township.
To the argument that a three-member committee is overwhelmed by the demands of so large a township, supporters of the status quo point to the municipality’s professionals who are there to relieve the governing body of that element of direct involvement in operational detail.
The Debate
The issue of the form of government dominated the agenda for both the work session and parts of the regular meeting Aug. 6.
Daniel Lockwood, a past Republican mayor, argued the merits of the ballot question. “Why not just let the people express their level of interest through a non-binding resolution?” he said.
Of course what is binding in a legal sense and what turns out to be binding in a political sense may be very different things.
Clark, who was silent through much of the early debate, later saying he wanted to hear all sides, tersely interjected in the work session “I am not for bigger government, period.” Donohue countered that the logic of that statement would support a dictatorship, a government of one.
DeVico countered the argument that a three-member committee is too limiting since it does not permit face-to-face meetings and exchanges of ideas among members. DeVico suggested that might be a positive rather than a negative. It forces discussion into the work session and adds to transparency, he said.
In the end, it was DeVico’s move that changed the entire discussion. He argued that a ballot question was not needed since the committee had it within its power to establish an advisory committee now. 
“We can gain three months by not waiting until the November elections,” he said.
Donohue, surprised, agreed to table his resolution for a ballot question, a resolution that very easily could have failed, as long as the committee voted that night to form the committee.
A hasty resolution was cobbled together, essentially using the wording of the ballot question resolution. 
Township Solicitor Frank Corrado advised against approving so open-ended a resolution. For Corrado, it was better to wait until detail of the committee’s structure and charge were known.
DeVico, understanding the dilemma, admitted something was needed now because “There are trust issues involved,” he said.
Clark did not support the resolution saying that he was heeding the advice of the solicitor.
In quick order, the governing body needs to agree on the many details that can flow from a decision to examine the form of government. 
To contact Vince Conti, email vconti@cmcherald.com.

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