PRO SE
24 Murano Drive
West Windsor, New Jersey 08550
609-636-0544
CHARLES CARTER MORGAN
MEMBER
WEST WINDSOR TOWNSHIP COUNCIL
Plaintiff,
v.
SHING-FU HSUEH
MAYOR
WEST WINDSOR TOWNSHIP
Defendant
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION – MERCER COUNTY
DOCKET NO; L200-10
CIVIL ACTION
COMPLAINT
Plaintiff, Charles Carter Morgan, Member, West Windsor Township Council (hereinafter “Plaintiff”), by way of his Complaint filed against the Defendant, Shing-Fu Hsueh, Mayor, West Windsor Township (“Defendant”) alleges and says that:
Parties
1. Plaintiff is a Member of the West Windsor Township Council who resides at 24 Murano Drive, West Windsor, New Jersey 08550.
2. Defendant is Mayor of West Windsor Township who has sworn an oath that he will act consistently with and in furtherance of the Constitution and the laws of the State of New Jersey and the United States.
3. West Windsor Township has adopted the Mayor-Council Plan of Government pursuant to Article 3 of Chapter 69A Optional Municipal Charter Law.
4. Council powers and the powers of individual Members of Council are governed generally by Chapter 69A, Article 3, Paragraph C. Council Powers. Written Request of Report by a Member of Cowicil Pursuant to New Jersey Law
5. N.J. Stat. 40:69A-37.1 provides in pertinent part: “Any council member may, at any time, require a report on any aspect of the government of the municipality by making a written request to the mayor.”
6. The Code of the Township of West Windsor 4-12 C. provides in pertinent part: “Pursuant to N.J.S.A. 40:69A-37.1 … Any Council member may at any time require a report on any aspect of the government of the Township by making a written request to the Mayor.”
Plaintiff s Written Request of a Report from Defendant
7. Plaintiff made a written request for a report from Defendant on Tuesday, October 27, 2009.
8. Plaintiff’s written request for a report from Defendant stated: Pursuant to Section 4-12 C. of the Township Code, this is my written request requiring that you provide a report regarding the alternative submittals to be presented at the November 4 meetings as set forth in the Notice attached to the email appended below.
Specifically, this request requires a report whether you will receive zero-based budget submittals, as well as the alternative scenarios discussed at the October 21 Council meeting that should accompany a zero-based budget submittal, during all of the meetings listed in that Notice.
In the event that no alternatives will be presented at that time, this request requires that your report list the zero-based and other budget alternatives that will accompany your recommended budget for 2010 when you submit it to Council.
Your written report should be submitted on or before November 4, 2009 so that it can be taken into account during the discussion of the proposed zero-based budget policy scheduled for the November 9 Council meeting.
8. Defendant has not responded to Plaintiff’s written request for a report.
9. Defendant has not submitted a budget to Council.
WHEREFORE, Plaintiff demands judgment as follows:
a. Declaring the Defendant in violation of N.J. Stat. 40:69A-37.1 and the Code of the Township of West Windsor 4-12 C.;
b. Mandating that the Defendant provide the report requested by Plaintiff forthwith; and
c. Such other relief as the Court deems equitable and just.
CHARLES CARTER MORGAN
MEMBER, WEST WINDSOR TOWNSHIP COUNCIL
Date: January 19, 2009
R. 4:5-1 CERTIFICATION
I hereby certify that, to the best of my knowledge, information and belief, the subject matter of the within controversy does not form the basis of any other action presently pending in any court or arbitration proceeding. Also, to the best of my knowledge, information and belief, no other action or arbitration proceeding is contemplated at this time, and I know of no other party who should be joined in this action.
