Sunday, August 21, 2016
Northwest Bergen County Utilities Authority v. Kathleen A. Donovan (A-36/37-14;
Northwest Bergen County Utilities Authority v. Kathleen A. Donovan (A-36/37-14; 075060)
The County Executive’s termination of the Authority commissioners was not conducted in accordance with her authority, and her unilateral action was contrary to and in violation of N.J.S.A. 40:14B-16. Likewise, the County Executive’s use of the veto power to diminish the compensation (the $5000 stipend) being paid to the commissioners since 1979 violated N.J.S.A. 40:14B-17 and must be declared void. However, in respect of the health benefits provided to the commissioners in more recent years, the County Executive’s supervisory authority to review and reject Authority action through her veto power is broad and easily encompasses authority to disapprove such administrative action.