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Rutherford council passes ordinance on first reading, approves settlement and confirms deputy OEM appointment

3510119 · March 24, 2025
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Summary

At its March 24 meeting the Rutherford Mayor and Council passed an ordinance on first reading to exceed municipal appropriation limits and establish a cap bank for 2025, approved Resolution 98 to settle with Robert Simkowitz, and confirmed Matt Simkiewicz as deputy OEM coordinator. Council also scheduled a closed session on pending litigation.

Rutherford Mayor Nunziato and the Borough Council on March 24 passed an ordinance on first reading to exceed municipal budget appropriation limits and to establish a cap bank for calendar year 2025, approved a settlement agreement identified as Resolution 98, and confirmed an appointment to the Office of Emergency Management.

Council President McGowan introduced the ordinance, saying, “Tonight I'll be doing the ordinance to exceed the municipal budget and establish a cap bank for the fiscal year 20 25. Missy, can you please read the ordinance by title only?” Missy read the title as: “For calendar year 2025, an ordinance to exceed the municipal budget appropriation limits and to establish a cap bank.” Council President McGowan moved to pass the ordinance on first reading; Councilman Guzman seconded. A roll call was taken and the motion carried with affirmative votes recorded by council members present.

The council then moved to Resolution 98, described on the agenda as “authorizing the execution of the settlement agreement with general release with Robert Simkowitz.” A motion to adopt the resolution was made and seconded; a roll call followed and the resolution passed with affirmative votes recorded by council members present.

On the consent agenda the council approved the appointment of Matt Simkiewicz as deputy OEM coordinator. The appointment was moved and seconded, and a roll call carried the confirmation.

The meeting also included a separate open-meeting vote to adopt a resolution allowing the council to meet in closed session to discuss pending litigation under the Open Public Meetings Act. The closed session was scheduled for 6:58 p.m. at 18 Dawson Avenue; no action on the litigation was taken in open session that night.

Votes at a glance: - Ordinance (first reading): “An ordinance to exceed the municipal budget appropriation limits and to establish a cap bank” — Motion to pass on first reading moved by Council President McGowan; seconded by Councilman Guzman; outcome: passed on first reading and ordered advertised. - Resolution 98: “Authorizing the execution of the settlement agreement with general release with Robert Simkowitz” — Moved (as recorded in the meeting); seconded; outcome: approved by roll call. - Appointment: Matt Simkiewicz, deputy OEM coordinator — Confirmed via consent agenda.

No amounts or substantive terms of the settlement were stated on the public record during the meeting. The ordinance advanced on first reading will return for further action as required by ordinance procedure and local publication requirements.