HUDSON COUNTY — A state appeals ruling on whether a police officer in Wildwood, N.J. can simultantiously serve as municipal mayor could have an impact on Bayonne Mayor Mark Smith, since Smith serves as police director and mayor and is currently on leave of absence as deputy chief of police.
A spokesperson for Smith’s office said the legal ruling is being examined.
“We believe the court ruling was very narrow,” said Steve Gallo, meaning that the ruling applied only to the Wildwood mayor and not other communities.
Assemblyman Anthony Chiappone, who is rumored to become a candidate for mayor against Smith in the upcoming elections in May, said Smith should resign from the police department or from the office of mayor.
“In light of yesterday’s court ruling against the mayor of Wildwood, Gary DeMarzo, that he must surrender elected office or quit his job with the city’s Police Department, and the Office of Legislative Services statement that I’ve received which states that `New Jersey case law clearly supports the view that a municipal employee, such as a police officer or firefighter, is prohibited from serving on the governing body of the municipality where they are employed under the doctrine of incompatibility of offices’, I believe that Mayor Smith’s position as both Mayor and Police Director represents a legal conflict that is not in the best interest of the public.”
However, Smith is presently only being paid as mayor, not for any police positions. He declined his salary as police director, which normally would be a paid position.
In Secaucus, Mayor Michael Gonnelli was recently named the chief of the volunteer Fire Department, but this is officially a volunteer position and has different rules. Still, the Wildwood ruling may have an impact.