Camden County judge asked to remove new Gloucester Twp. councilwoman

The chairman of the Gloucester Township Republican Party wants a Camden County judge to declare the recent appointment of a new township council member void and hold the seat vacant until the next election.

"It's not politically motivated," said Ray Polidoro.

Michelle L. Winters, 45, a registered nurse from Blenheim, was appointed to the all-Democratic council Feb. 11 to replace Michelle Gentek, a newly elected Camden County freeholder.

"I don't have much of a comment," Winters said.

"This isn't even about Miss Winters," Polidoro said. "This is about the lawmakers at the local level" who, he said, make laws but don't follow them.

The filing submitted Wednesday to Superior Court contends that the Gloucester Township Democratic County Committee and the council did not meet deadlines set by New Jersey statutes to fill vacancies.

Township Attorney David Carlamere and Kevin Piccolo, who chairs the Democrats' committee, both said proper procedures were followed.

According to the statute, the committee has 15 days after the vacancy to give the council three nominees from the same party as the person vacating the seat. After that, the council has 15 more days to choose one of the nominees, for a total of 30 days.

Gentek resigned Jan. 1 and the committee submitted four names Feb. 8, well beyond the Jan. 15 deadline. The council chose Winters on Feb. 11 and she was sworn in Feb. 25.

The dispute hinges on what happens if the township does not adhere to the time frame when the committee is late in submitting nominees. The statute says the council "may . . . fill the vacancy" but does not say it must.

"Our goal is to have the seat declared vacant," said Matthew Wolf, the Cherry Hill attorney representing Polidoro. He said legal precedents indicate that municipalities must act within the deadlines.

Piccolo said that the Democrats asked for an extension from the council so they could conduct a broader search for a replacement.

"We didn't just want to throw three names out there," he said. "They chose to wait for us because we were doing our due diligence."

Piccolo said Winters had been active in township hockey organizations but had never served in any political position. "She's getting a baptism under fire," he said.

Though Gloucester Township's leadership is dominated by Democrats, Polidoro said there's a chance voters would elect a Republican if the judge orders the seat vacated.

The current officials "are doing things that upset people - a great number of people," he said. "Obviously the popularity of Gov. Christie bodes well for Republicans all over the state."