UPDATED: State: Acting Clerk Shouldn't Have Been Appointed

Galloway Township Manager Steve Bonanni should not have appointed Karen Bacon as acting clerk while former Township Clerk Lisa Tilton was still employed by , the New Jersey State Division of Local Government Services (DGS) has ruled.

In a written response to gallowaytwpnews.com publisher Harry Scheeler dated Dec. 22, the State Division of Community Affairs (DCA) states the DGS agrees with Scheeler's assessment that Bonanni "should not have appointed Bacon as Acting Clerk for a number of reasons," including the fact that the township clerk's position was not officially vacant at the time; Bacon holds a Registered Municipal Clerk Certificate, which an acting clerk is not allowed to possess; and that the appointment must be made by the governing body, not the township manager.

However, it is also stated in the letter that the state has no jurisdiction over municipal affairs.

Bacon was named acting clerk in June, while Tilton was suspended.

"The Manager serves at the pleasure of the Governing Body," the DCA states in the letter. "If you and like-minded residents of the Township of Galloway believe that some form of disciplinary action is warranted against Mr. Bonanni, then you should present such concerns to the members of the Township's Governing Body."

On Tuesday afternoon, Bonanni stated the state did not contact the township prior to issuing its statement.

"They have not spoken to me or Solicitor (Michael) Blee,” Bonanni said. “No one from the township was ever talked to. Maybe they would have reached the same conclusion, but I would’ve thought they would at least contact someone from the township.”

Bonanni said that Blee will send a letter to the state in response to its decision.

The DCA also stated that should the township apply for special state assistance or approvals from either the DGS the Local Finance Board, the state may take further inquiries into the matter at that time. Scheeler's complaint has also been forwarded to the State Comptroller's Office.

Mayor Don Purdy had not yet seen the letter early Tuesday afternoon, but he reiterated his desire to have the state visit the township and the way it functions in every way.

"We'll ask them what we need to correct," Purdy said. "It's doesn't look good for Bonanni, but we'll deal with it as it comes."

Tilton was suspended in June, and on July 18, she reached an agreement with the township to resign her position. However, her resignation didn't take effect until Oct. 3.

Kimberley Hodsdon took over as Township Clerk on Oct. 4.