Former Councilwoman to Return to Heights Environmental Commission

Having won her legal fight against town hall, former Heights councilwoman Kathleen Crippen is expected to resume her position on the borough's environmental commission.

According to a stipulation of settlement filed in Monmouth County Superior Court, Freehold, by her attorney, Dennis Collins, Crippen is to continue her present three-year term as the commission chairperson and as a member until Dec. 31, 2012.

Both Collins, of Farmingdale, and Borough Attorney John Lane have signed off on the settlement filed with the court on Sept. 16. Lane represented the borough and its Democratic Mayor Frances Enright as the defendants in the civil lawsuit filed by in February.

As a part of the settlement, the borough clerk is to provide proper public notice in local print newspapers of the date, time and location of future commission meetings. In her capacity as chairperson, Crippen will forward a schedule of commission meetings to Acting Borough Clerk Janine Gillis for such advertising.

Although the lawsuit has been dismissed, Crippen can reinstate her complaint if the borough or any of its officials fail to comply with the terms stated in the stipulation of settlement, court documents show.

Both Crippen as plaintiff and the mayor and the borough as defendants are to cover their own respective legal fees incurred to date, court documents state.

Enright effectively removed Crippen, who had broken ties with the local Democratic Party, from the commission in January. The former Democratic councilwoman had lost her seat on the governing body after running as an independent candidate in the November, 2010 election.

Crippen's complaint alleged that Enright had unlawfully removed her as the council's representative to the board without cause and without due process. Enright pointed to borough ordinances that indicated that Crippen had been appointed as council representative to the commisssion. Having lost that seat, Crippen was ineligible to serve out the remainder of her three-year term according to the mayor.

Collins later successfully argued that Enright had violated state laws by removing Crippen. State laws detailing membership qualifications for a municipal environmental commissions do not require members of such boards to also be sitting elected officials.

The Heights borough council subsequently amended local ordinances to omit language requiring an elected official to sit on the commission. Those amendments bring the borough ordinances into compliance with state laws.

Meanwhile, Crippen continues to attend and record council meetings. She has served on the environmental commission for seven years including five as its chairperson.