School board votes to move elections to November

Written by Ann Richardson Thursday, 26 January 2012 22:40

OCEAN CITY – When Ocean City voters go to the polls in November, they will be selecting among candidates for more than just state, county and federal offices.

The Ocean City school board unanimously approved a resolution on Wednesday, Jan. 25 to move annual school elections from April to November.

Candidates for the local school board will be listed on the ballot; and if the district’s school budget includes a tax levy increase of more than the 2 percent cap, that will also appear on the ballot. If the tax levy increase falls within the cap, it does not have to go before the voters.

Gov. Chris Christie signed legislation on Monday, Jan. 16 allowing school districts to move annual elections from April to the general election in November. The bill was passed with bipartisan support in the legislature and could save taxpayers in both districts.

According to Cape May County Clerk Rita Fulginiti, moving the election could save Ocean City taxpayers $18,453.59; Upper Township taxpayers could save $15,022.79.

The vote was unanimous among the Ocean City representatives; Upper Township voting representatives who serve on both Upper Township and Ocean City school boards were not permitted to vote.

This did not sit well with Upper Township’s Kim Breckley, the only one of the three Upper Township representatives in attendance.

An Atlantic City court case several years ago severely restricted the rules for representatives from  sending districts. Upper Township members are no longer permitted to vote on the board’s president and vice president. Breckley said she felt that Upper Township should be permitted to vote since the outcome affects Upper Township taxpayers.

Mike Stanton, the school board’s solicitor, said that voting rights were restricted by state statute (18A:38-8.1) and are limited to issues affecting tuition, new capital projects including construction utilized by sending districts, the approval, transfer or removal of a teacher or staff member and the addition or deletion of a curricular or extracurricular item.

“Up until a few years ago, sending districts were able to vote on a wider range of issues,” Stanton said.

The Atlantic City case, however, made it very clear, he said, that voting rights were limited.

“Upper Township representatives may only vote on what is spelled out in the statute.”

Upper Township representatives vote on high school issues and expenses – where Upper Township pays tuition to send its students - and nothing pertaining to the primary and intermediate schools in Ocean City.

“The decision was clear,” Stanton said. “This is strictly an Ocean City item. The change in the date of the election affects only the Ocean City taxpayers. This is not a budget issue. Upper Township may vote on budget issues.”

Statewide, he said, some districts have expressed concern about the election becoming a partisan issue. He said he did not think that would be an issue in Ocean City.

“I think this comes down to common sense, this is an Ocean City issue,” he said. “Over the years, we had expanded voting rights for the sending district. The Atlantic City case came around, the opinion came down and that’s the way it is.

“Actually, City Council could change this, they could do that without even consulting us,” he said. “This is not even a gray area.”

While taxpayer dollars fund the election in either case, Fulginiti said it costs less for voters to go to the polls just once, during the general election. (See related story)

“It’s good,” said Fulginiti of the potential to streamline the process. In addition, about four or five times the number of people turn out for the general election than a school election in April.

School board members whose terms would expire in April will serve until the November election, Fulginiti said. The date of the election cannot be moved back to April for at least four election cycles.

Districts have until Feb. 17, 2012 to change the date of the election, Fulginiti said. Candidates must submit their names for the November ballot by the June primary.