Middletown Passes Ordinance To Eliminate Health Bennies for TOMSA Commissioners, Sorta

I attended the Middletown Township Committee meeting last night, a meeting that I am happy to say ended early, if you think that 10:25 PM is early.  Typically these meetings in Middletown have been know to last till midnight on occasion.

One of the more interesting outcomes of tonight’s meeting was the passage of an ordinance to eliminate the health benefits for commissioners of the Township Of Middeltown Sewerage Authority (TOMSA). What made it interesting was the fact all current commissioners of TOMSA have been grandfathered under the ordinance and will be able to keep their benefits! The ordinance only applies to newly appointed commissioners.
That’s right read it for yourself below: 

This is a copy of Ordinance No. 2009-2967 that was introduced at a scheduled meeting of the Township Committee of the Township of  Middletown, April 20, 2009 held over for further consideration upon second and final passage at a meeting of the said Township Committee
to be held In the Main Meeting Room in the Township Hall, One Kings Highway, Middletown, on Monday, May 18, 2009 at 8:00 p.m., at which time all persons interested will be given an opportunity to be heard.


WHEREAS, the Township Committee of the Township of Middletown has previously eliminated the receipt of health benefits for members of the Township Committee and other appointed officials; and

WHEREAS, the Township Committee of the Township of Middletown believes it is the best interest of the taxpayers of the Township to eliminate the receipt of pension and/or health benefits by part-time elected and appointed officials; and

WHEREAS, pursuant to the Sewerage Authorities Law, N.J.S.A. 40:14A-5(d), the Township Committee is limited in its ability to amend the compensation paid commissioners of the Township of Middletown Sewerage Authority; and 

WHEREAS, the recently adopted Public Employee Pension and Benefits Reform Act of 2008, P.L. 2008, c. 89, however, helps restrict the Public Employment Retirement System benefits and eligibility for health benefits received by any commissioner of the Township of Middletown Sewerage Authority appointed after November 2, 2008.

NOW THEREFORE BE IT ORDAINED, by the Township Committee of  Middletown Township, County of Monmouth, State of New Jersey, that Chapter 47 of the Code of the Township of Middletown (1996) be amended to include the following:

§ 47-5. Benefits Restricted.

No member of the Township of Middletown Sewerage Authority hereinafter appointed shall be eligible to receive any benefits not otherwise provided for pursuant to the provisions of P.L. 2008, c. 89.
This is really an outrage and a few people questioned the logic behind grandfathering in the current commissioners for as long as they continue to serve on the board of TOMSA continuously.
A few people were upset because according to the Public Employee Pension and Benefits Reform Act of 2008, that is soon to take effect, any part-time worker or appointed official who earns less then $7,500 a year would no longer be eligible for benefits.
Committeeman Sean Byrnes wrote the original draft of the ordinance which intended to have benefits for the commissioners end upon the dates that their currents terms expire but it was changed by Township Attorney Brian Nelson to protect current sitting TOMSA commissioners. 
It should also be noted that after presenting the revised  ordinance to the committee, Mr. Byrnes’s name was missing from it and Mayor Pam Brightbill’s name was in his place, which is another clear and sad example of how the GOP majority tries to take credit for ideas that weren’t their own.
In this case however, Mayor Pam can take the credit and the consequences that go along with it.
All of the Sewerage Authority commissioners have been good loyal Middletown Republican insiders, they have been either Republican mayors, committee members or party leaders and this blatant attempt by the Middletown GOP majority to protect their own will not go unnoticed by residents who are struggling to make ends meet.
Nepotism and Cronyism has to end in Middletown, if it doesn’t then residents will forever be burdened with its outcome of high taxes and inefficient government. 
Residents have to remember that when the current TOMSA commissioners  terms expire that they insist that they not be reappointed. Otherwise they will continue to receive costly health benefits for a job that pays them $1750 for less than 12 hours of work per year.     


Filed under Brian Nelson, health benefits and pension, Middletown, Middletown Republicans, Pamela Brightbill, Sean F. Byrnes, TOMSA

4 responses to “Middletown Passes Ordinance To Eliminate Health Bennies for TOMSA Commissioners, Sorta

  1. Philip Charles

    What a racket! We are fighting the same issues in Plainfield with our MUA.

    Any advice?

  2. Middletown Mike

    The only advice that I can give you is to check and verify the township ordinances that established the Plainfield MUA, look for anything that pertains to salaries and benefits then compare it to what members are receiving.

    The you must insist that any member of the MUA who currently receives benefits are not re-appointed to the MUA.

    All sitting memebers will be grandfathered and will not have to give up benefits based on state statute.
    So the only way to effectively end their benefits is not to re-appoint them the the MUA.

    That's all I got.

  3. Philip Charles

    Thaks for replying.

    What if the ordinance says no more than $4500 in compensation,direct or indirect? Do you think we would have any legal standing with respect to the bennies?


  4. Middletown Mike


    As much as I would like to answer YES to your question, I think that the real answer is NO.

    according to the Public Employee Pension and Benefits Reform Act of 2008, any part-time worker or appointed official who earns less then $7,500 a year would no longer be eligible for benefits.

    While on the surface this seems to be support your and my argument the State legislature grandfathered themselves and their friends against the reform act.

    I believe the only way to end their bennies is not to re-appoint the individuals to the PMUA. That is what we will have to do in Middletown to end health benefits for the 5 or so part-time commissioners of TOMSA.

    The best thing you can do is to continue to yell and scream about it, attend PMUA meetings , township meetings and write letters to your local newspapers.

    Your voices will be heard!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s