WEST MILFORD — Former township Councilman Robert Nolan has filed a lawsuit seeking to reverse the council's recent decision to give Mayor Michele Dale a full-time role and a salary to match.
Filed last week in Passaic County Superior Court, the complaint seeks to overturn ordinances and resolutions adopted this year that led to the expansion of the mayor’s responsibilities and a salary increase to $130,000. The complaint alleges the expansion came in violation of the Local Government Ethics Act and the Faulkner Act, which defines the township's form of government.
Despite strong public opposition, the Township Council voted in June to make the mayor’s role full time effective July 8. Residents packed the council meeting to voice concerns, with some criticizing the decision as unethical and potentially illegal. Nolan and others argued that the changes effectively created a new form of government without voter approval.
“I initiated this suit because of how the council went about circumventing the law and ignoring the voice of the residents," Nolan said. "Changes like these need to be put to a public vote.”
At the heart of Nolan’s complaint is an ordinance that gives a council majority the authority to switch the mayor’s role between part time and full time with additional administrative duties. A second set a salary range of $90,000 to $135,000 for the full-time position. The latter resulted in the council approving an annual salary for Dale of $130,000, a significant increase from her previous part-time salary of $15,348.
The suit filed by Nolan on Sept. 12 claims the council's power over the mayor's livelihood and earnings compromises the mayor's "independence of judgment." It also alleges the mayor's new administrative duties compromise the administrator's ability to effectively serve.
The council early this year began preparations for Dale's move from part time to full time. Budget allocations were made and, in April, the council adopted the code amendments that allowed them to appoint the mayor as a full-time salaried employee. Council members said they had also been considering hiring a deputy administrator but found Dale, a former vice president at TD Bank, more suited to help the town administrator run the local government.
Local Democratic leader Melissa Brown Blaeuer launched a petition against the changes, gathering more than 800 signatures. Opponents argued the move would lead to unnecessary costs, potential political patronage and diminished transparency.
Proponents of the full-time role, including Councilman David Marsden, said that additional leadership was needed to handle complex administrative tasks. Dale, who was first elected in 2018, brought expertise in finance and township operations and her appointment represented a cost-effective solution, they said.
While full-time mayors are not uncommon in larger municipalities, West Milford, with its population of 25,000, stands out. Passaic and Paterson are the only other municipalities in Passaic County with full-time mayors. In nearby Bloomingdale, a full-time mayor was only allowed in the absence of a full-time administrator.
In response to the council’s decision, a bipartisan group of residents that includes Nolan formed a political action committee called West Milford First. The group is supporting Nolan’s legal challenge and aims to raise funds to cover legal costs through donations. It is also advocating for a referendum to revert the township's government back to a non-partisan, ward-based system.
Nolan's challenge, if successful, could lead to a reversal of Dale’s appointment and the return of her salary increase.
No official statements have yet been made by Dale or the Township Council in response to the complaint.