Schaer gets by ban on dual officeholding on a technicality

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The resignation of Passaic Mayor Sammy Rivera following his guilty plea on federal bribery charges means that City Council President Gary Schaer will become the Acting Mayor. That could mean an interesting test to a law passed last year that bans dual officeholding because Schaer is also an Assemblyman. Dual officeholders elected before February 2008 are grandfathered under the new law, allowing Schaer to serve as an Assemblyman and Councilman. But now that Schaer has the powers that come with being Acting Mayor of Passaic, could he be violating the spirit of the ban on dual office holding?

Two other issues worth noting: Schaer abstained on A-4326, which prohibits newly elected public office holders from simultaneously holding more than one elective office; and the city attorney who ruled that Schaer can become Acting Mayor is the law partner of Bergen County Democratic Chairman Joseph Ferriero.

Schaer gets by ban on dual officeholding on a technicality