Does Hillsborough's current Township Committee form of government really operate without any checks and balances? Charter Study Commission members George Ostergren and Glen Van Lier certainly think so. They each cited the lack of checks and balances as a reason they support changing to the Mayor-Council form - which includes a divided government and a separation of powers between the Mayor (Executive) and Council (Legislative). Only commissioner Gloria McCauley dared to ask the question "Why do we need a separation of powers?" Good question.
The answer is that "separation of powers" is not required for our government to have checks and balances. Municipal governments in New Jersey operate within the framework of state laws and regulations. The state, in essence, is the first check to local government power. This is a different arrangement than what we see in Washington, where the national government answers only to itself.
The Founding Fathers knew that separation of powers was limited in its ability to prevent government from becoming too powerful. That is why the Constitution guarantees freedom of the press. The press served then and now as the ultimate government watchdog - and one of the best checks to corruption and tyranny. The press, in all it's forms, serves in this same capacity in Hillsborough - as the eyes and ears of the public.
There are a few more safeguards in our Constitution - right there in the first amendment: the right of the people peaceably to assemble, and to petition the government for a redress of grievances. And of course, the most important of all - freedom of speech. The right to openly criticize the government, and the people in it.
New Jersey allows a simple form of government such as the Township Committee to exist without a traditional separation of powers because it is a form of government that is close to the people. This closeness allows the first amendment freedoms to be absolutely effective in providing the necessary checks and balances - something that is increasingly more difficult as government gets bigger, more complex, and further from the people.
The bottom line - we don't lack what we don't need. Separation of powers is an unnecessary medicine for an already healthy Hillsborough.
An Apology To Mr. Gillette
ReplyDeleteAnd the people who run this Blog.
It turns out my comments WERE NOT DELETED. I simply read the wrong post (it’s title was very similar) and mistakenly thought my comments had been deleted because I didn’t see them. I apologize for my resulting actions and posts not only one this board but over on the other Hillsborough board.
I like to say a few words in my defense given my perspective at the time, but I think I’ve got my foot in my mouth deep enough already, so I’ll leave it by saying Sorry again.
No problem 08844. Your comments are always welcome here.
ReplyDeleteQuite a stretch there on checks and balances. It is true that the state puts a limit on what local officials can do via the legal system but that is a very wide broad brush.
ReplyDeleteIt is also true that you are either misunderstanding checks and balances or the state role. The state would not for example have anything to say about our tree ordinance. When that was passed there was only the committee to give a yea or nay. So there is no check or balance here. If you have multiple groups such as a council and a mayor you get two shots at passing or not passing the idea with two groups who ultimately report back to the voters but who come to the job with slightly different perspectives and responsbilities.
That is checks and balances, not the state or federal legal limitations. You may decide that checks and balances are not needed but you should not mix up the concept.
Thanks for your comments Spokey. What you are describing are the kinds of checks and balances that are observed in a Mayor-Council form of government. Those checks and balances are needed because the Mayor-Council form takes government one step further from the people.
ReplyDeleteThe publicly accessible Township Committee form relies on the community (residents and press)to provide its checks and balances.
Furthermore, the state provides a "vertical" separation of powers between itself and the municipalities. This is a basic concept of our federalist system, and is present no matter what form of government Hillsborough has.
I think you will find that I have a good understanding of all of these concepts, and am not "mixing them up".
Please explain how it is "one step further from the people". Certainly there are split powers, but residents are free to address both sides. In fact the council's face to residents is identical to the township committee.
ReplyDeleteThe fact of the matter is that, and this is according to statements by our own township committee people, that the day to day is run by the unelected (how close is that?) administrator. They have also testified that they do not interfer but go through the administrator.
Now in 2 or 3 faulkner forms, the mayor is still on the council. In the third, the M-C, he is not part of but can attend, propose ordinances, etc. Now that provides an elected day to day official. Now many have claimed with no evidence that we would end up with a full time mayor. If true then I guess he'd actually do the day to day and we would not need an expensive administrator. We would have an elected person really doing that job. If he remains a part-time official as I expect then we have a single elected focal point for residents and the same non-elected administrator as today.
So I ask again, how is that not in fact closer to the people rather than the other way around
In the Mayor-Council form there are two government bodies, two layers to for the citizenry to navigate. Each can blame inaction on the other, each can block the other. There is essentially another layer of bureaucracy - and the residents are now in the backseat, whereas in the Township Committee we are riding up front.
ReplyDeleteIn the Mayor-Council form, the two branches are trying to win over each other, not the public. The public is now more of a spectator than in the Township Committee.
I grant you that these are arguable points - and that's what makes it interesting.
I appreciate your comments spokey, they are intelligent and worthy of discuusion. Thank You again for reading and participating.