February 25, 2026 Millburn Township Charter Study Commission Meeting Minutes Minutes of the meeting of the Charter Study Commission of the Township of Millburn, in the County of Essex, New Jersey, held in the Bauer Center starting at 8:00 PM on the above date. Mr. Drucker welcomed those present and read the following notice: In accordance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Laws, 1975, be advised that notice of this meeting was made by posting on the Bulletin Board in Town Hall, and forwarding to the officially designated newspapers, that this meeting would take place at the Bauer Center at 8:00 PM on Wednesday, February 25, 2026. All those in attendance joined in the Pledge of Allegiance. Upon call of the roll, the following Charter Study Commission members were recorded present: Corey Biller, Jerry Kung, Joanna Parker-Lentz, and Christopher Drucker. Also present: Suzanne Cevasco, Esq. and Michael L. Collins, Esq. from King, Moench & Collins LLP, attending remotely via Zoom. Mr. Biller made a motion to approve the agenda, seconded by Ms. Parker-Lentz. All voted in favor. Mr. Biller made a motion to approve the February 10, 2026 meeting minutes, seconded by Ms. Parker-Lentz. All voted in favor. Dr. Kung made a motion to approve the February 18, 2026 meeting minutes, seconded by Mr. Biller. All voted in favor. Mr. Biller made a motion to approve a payment of $2,480 to King, Moench, & Collins LLP for legal services rendered up to and including January 31, 2026, seconded by Ms. Parker-Lentz. All voted in favor. Reports Mr. Biller reported that he and Mr. Tanna interviewed a councilperson from Red Bank, which recently had a charter study commission. Prior to charter change, concerns there were tied to the lack of a strong borough administrator. There was politicization and conflicting direction being given to the administrator. Their new form of government has a directly elected weak (ceremonial) mayor, plus 6 councilpeople. They each serve 4-year terms, and there are elections every other year. They have non-partisan local elections. Mr. Biller shared their experience with non-partisan elections. Their new form of government has fixed the issues identified in the past, and they seem to be running well now. Mr. Biller noted that the impetus for charter study was different there compared with Millburn. There was a discussion regarding how the initial terms worked under the staggered system. Mr. Collins explained that the majority of council without the mayor is up in the midterm. In Red Bank, they selected a 7-member governing body. At the reorganization where the governing body was inaugurated, lots were drawn to determine term length. 4 members drew 2-year terms; 2 members and the mayor drew 4-year terms. Mr. Biller noted that he and Mr. Tanna have reached out to additional municipalities including Ridgewood and South Orange. Mr. Drucker suggested reaching out to Verona.� February 25, 2026 Millburn Township Charter Study Commission Meeting Minutes Dr. Kung asked about how the midterm elections worked in Red Bank. Mr. Collins stated that 4 council seats were up. Three incumbents ran on a slate with one newcomer, who replaced the fourth incumbent. The election was uncontested. There was discussion among the commissioners about why they might have been the case. Ms. Parker-Lentz noted that perhaps the uncontested election indicated that things were going well. Mr. Drucker described the interview with the former Business Administrator Tim Gordon, who said that there were previous TC members who collaborated irrespective of their party identification. Interviewees indicated that party affiliation locally did not impact county funding. Dr. Kung noted that, depending on the point in time, there was varying levels of activity in the respective local party committees. Ms. Parker-Lentz noted that there was a time when TC members served longer terms and issues were less contentious. There was a discussion of how much recruitment was done by the local party organizations. Public Comment Mr. Drucker opened the first public comment period. No one wished to be heard. Mr. Drucker closed the first public comment period. Phase II Presentation by Michael L. Collins Mr. Drucker introduced Phase II of the Commission's study process. He noted that Phase I — comprising interviews with 16 current and former Township Committee members, the previous Business Administrator, and 11 current municipal employees, totaling approximately 65 hours of direct conversation — has been completed. Phase II asks a different question: given what the Commission has learned, what structural options does New Jersey law make available to Millburn? Mr. Drucker introduced Michael Collins, Esq. of King, Moench & Collins LLP to present on that topic. Mr. Collins presented a PowerPoint presentation covering the following subjects, with commissioners and members of the public invited to ask questions following each section. [Note: The accompanying presentation is available on the Township website.] Forms of NJ Municipal Government Mr. Collins provided an overview of the forms of municipal government available in New Jersey. Traditional forms — including the Borough, Township, Commission, City, Special Charter, Town, and Village — appear in the left-hand column of his comparison framework. The Township form, under which Millburn currently operates, is the second most common form in New Jersey, with 141 municipalities. Faulkner Act forms — Mayor-Council, Council￾Manager, Mayor-Council-Administrator, and Small Municipality — appear in the right-hand column of slide 2. The Commission's role, as established by the Faulkner Act, is to evaluate whether Millburn should remain in the left column or move to one of the Faulkner Act forms on the right.� February 25, 2026 Millburn Township Charter Study Commission Meeting Minutes In response to a question from Mr. Biller, Mr. Collins confirmed that while minor variations exist within the Township form (such as reducing from five to three Township Committee members), the form is otherwise largely fixed. Mr. Collins confirmed that the Commission's options are: (1) recommend adoption of a Faulkner Act form; (2) petition the legislature for a special charter, which he noted is unlikely to succeed; or (3) recommend leaving the Township Committee form unchanged. Commission's Statutory Role Mr. Collins cited the Faulkner Act's charge to charter study commissions: to study the form of government of the municipality, compare it with other available forms under state law, and determine whether the government could be strengthened, made more responsive or accountable to the people, or whether its operation could be more economical or efficient under a changed form of government. Current Township Form Mr. Collins described Millburn's current Township form: five Township Committee members each elected to the Office of Township Committee; a mayor elected annually by and from the TC members for a one-year term; at-large elections with a staggered two-two-one cycle; partisan elections required by law with no option for nonpartisan elections; and a weak mayor with a one-fifth vote equal to fellow TC members. He noted that the Township Committee possesses executive powers subject to delegation by ordinance, and that most townships in modern practice have established a Business Administrator by ordinance and delegated some executive authority to that position — but that no such administrator is legally required, and the degree of delegation varies across townships. In response to a question from Dr. Kung regarding variation in BA authority across townships, Mr. Collins confirmed that ordinances differ significantly: some BAs have delegated authority to hire employees up to a certain rank or complete purchasing up to a certain dollar threshold; others have more limited delegation. Potential Criticisms of the Township Form Mr. Collins outlined the following structural limitations of the Township form as it is commonly discussed: (1) no option for nonpartisan elections; (2) annual election cycle, with a two-two￾one rotation producing elections every year; (3) no provision for initiative or referendum— mechanisms available under Faulkner Act forms that allow citizens to propose ordinances, block legislation; and (4) no required Business Administrator or specified duties. Mr. Collins explained initiative and referendum in greater detail at the request of Commissioner Parker-Lentz, noting that the citizen petition threshold is tied to a percentage of votes cast in the most recent Assembly election. He offered the pros (direct citizen participation, check on an intransigent governing body) and cons (risk of poorly designed legislation gaining majority support) of such mechanisms. He cited a pending case involving a rent control ordinance in Elizabeth City as an example of the complexities of citizen-initiated legislation. Faulkner Act Options� February 25, 2026 Millburn Township Charter Study Commission Meeting Minutes Mr. Collins identified four Faulkner Act forms and assessed their applicability to Millburn. The Mayor-Council and Council-Manager forms were identified as the two viable options for consideration. The Mayor-Council-Administrator form was flagged as effectively eliminating the nonpartisan elections option, making it unsuitable if the Commission wishes to pursue that path. The Small Municipality form was identified as inapplicable, as it requires a population under 12,000 and Millburn's population exceeds that threshold. Comparison: Mayor-Council vs. Council-Manager Mr. Collins provided a detailed comparison of the Mayor-Council and Council-Manager forms across three dimensions: Executive Powers: In the Mayor-Council form, a strong mayor is directly elected to a four-year term and possesses the executive powers of the municipality, including veto power over ordinances. The mayor does not preside at council meetings and has no legislative power. In the Council-Manager form, the mayor is a weak presiding officer who shares legislative power with fellow council members and holds no executive power; executive authority is vested by statute in a professional manager. Administrator: In the Mayor-Council form, the administrator serves under and at the pleasure of the mayor, subject to removal by a two-thirds council vote. In the Council-Manager form, the manager holds executive authority by statute and serves at the pleasure of the full governing body, subject to removal by simple majority vote. Individual council members have no legal authority to direct the manager's day-to-day operations. Mr. Collins noted that this statutory structure, while conferring significant executive power on the manager, also creates accountability through the majority removal provision. In response to a question, Mr. Collins compared both forms to Millburn's current structure: under the Township form, the administrator is an optional position established by ordinance and subject to removal by super-majority (four of five votes). Council Powers: In the Mayor-Council form, the council possesses all legislative powers; the council president controls the agenda; and the council exercises advice and consent over mayoral appointments. In the Council-Manager form, the full mayor and council exercise unified legislative powers without the executive-legislative tension present in the Mayor￾Council form; the manager holds hiring and firing authority (with statutory exceptions for specific positions including the manager, clerk, assessor, attorney, and board members). Menu Options Within Each Form Mr. Collins outlined the decisions the Commission would need to make in structuring a ballot question, should it recommend a Faulkner Act form: Governing Body Size: Five, seven, or nine members are permissible. Mr. Collins noted that the Borough form — the most common in New Jersey — uses a six-member council plus mayor, effectively seven. Nine-member bodies are more commonly found in larger cities, particularly those with wards. He offered no empirical preference, noting that the considerations include geographic size of the community, diversity of interests, and whether at-large or ward representation is contemplated.� February 25, 2026 Millburn Township Charter Study Commission Meeting Minutes Ms. Parker-Lentz asked about whether there would be difficulty filling seven seats. Mr. Collins expressed no concern, noting that smaller municipalities with seven seats routinely fill them. Many boroughs with smaller populations than Millburn do not run into issues filling seven seats. Dr. Kung asked what would happen if there were not enough candidates. Mr. Collins noted an unusual provision regarding vacancies: if a majority of governing body seats are unfilled simultaneously, the Governor has authority to fill them directly. At-Large vs. Ward Representation: The Commission may recommend at-large elections, ward elections, or a hybrid. Mr. Collins noted that ward representation is more likely to be appropriate for larger governing bodies. Election Frequency: Concurrent terms (all members up every four years) or staggered terms (midterm and on-year elections) are both permissible. He noted that staggered terms promote continuity but that concurrent terms allow for complete governing body turnover. Partisan vs. Nonpartisan: Both Mayor-Council and Council-Manager forms may be operated on either a partisan or nonpartisan basis. Under nonpartisan elections, candidates may bracket with other candidates, slogans referencing local issues or philosophies are permitted, and partisan party names are prohibited. The Faulkner Act allows for runoff elections in the event no candidate achieves a majority; Mr. Collins cited the recent Jersey City mayoral race as an example. He noted that ranked choice voting is not currently available under New Jersey law and would require legislative action. Election Timing — May vs. November: Mr. Collins noted that nonpartisan elections were originally held in May, and that the legislature subsequently allowed November nonpartisan elections. He described the Red Bank approach: the commission recommended May nonpartisan elections to avoid a year-long lame duck period under the Borough form, with the expectation that the newly inaugurated governing body would move elections back to November by ordinance — which they did. A simple ordinance is sufficient to change election timing; the practical effect is a shortened or extended term for members serving at the time of the change. Mayoral Selection (Council-Manager only): Under the Council-Manager form, the mayor may be directly elected by voters or selected by and from the council members, as under the current Township Committee structure. In response to a question from Mr. Drucker, Mr. Collins confirmed that the Commission must act through public meetings as a quorum; executive session may be used only for specific legal questions. He described the Phase III process as deliberative: the Commission may discuss preliminary thoughts publicly in a non-binding manner, guide counsel in drafting a report, and refine that draft through additional deliberation before voting on a final recommendation. Mr. Drucker invited the public to ask questions of Mr. Collins. There were no members of the public with questions. Old Business Interviews� February 25, 2026 Millburn Township Charter Study Commission Meeting Minutes Dr. Kung confirmed for the record that Phase I interviews are formally closed. He noted that the Commission completed 16 structured interviews with current and former Township Committee members, 11 interviews with municipal employees, and one interview with the former Business Administrator, Tim Gordon. All interviewees have indicated willingness to respond to follow-up questions if needed. Community Outreach Ms. Parker-Lentz noted that community outreach to various e-mail lists and groups continues. Dr. Kung reported that the Commission's Google Form — containing the same structured questions posed to TC members and municipal employees — will go live on the Millburn Township website on February 26, 2026. Two additional reference documents have been added to the Commission's publicly available research materials: the Inventory of Municipal Forms of Government in New Jersey and Municipal Charter Revision in New Jersey, both published by Rutgers. Dr. Kung noted that while these documents are dated to 2011, relatively few charter changes have occurred in the intervening years and the materials remain substantially current. Dr. Kung clarified the Commission's approach to public responses: the Google Form is not a survey or vote. Every submission will be read and any argument or perspective not already identified in Phase I will be noted. The Commission will not tabulate responses as a statistical tally but will use them to ensure the full range of justifications and perspectives is captured in its deliberations. Dr. Kung also noted that in response to a question raised by Mr. Becker at the February 18, 2026 meeting regarding the number of charter study commissions that have been active since 2011, Mr. Collins’s assessment is that the number is fewer than a dozen. Public Comment Mr. Drucker opened the second public comment period. No one wished to be heard. Mr. Drucker closed the second public comment period. Adjournment Mr. Biller made a motion to adjourn, seconded by Ms. Parker-Lentz. All voted in favor. The meeting was adjourned. ____________________________ Dr. Jerry Kung, Commissioner Charter Study Commission Secretary Approved: March 4, 2026�