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Criminal Lawyer
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Can a Municipal Utility Authority (MUA/Sewage Authority) in

Resolved Question:

Can a Municipal Utility Authority (MUA/Sewage Authority) in NJ refuse Board/Commissioner status membership to a citizen of the township which sponsors the MUA on the grounds that that citizen is also a rate paying customer of the MUA on the grounds that his "customer" status constitutes a form of conflict of interest? All other 4 Board members are also citizens of the same township but are not MUA cusotmers. I beleive the applicable statute is Title 40 NJ MUnicipal and Counties Utilities Law. Relatedly could simple non voting observer statsu be granted instead?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Criminal Lawyer replied 1 year ago.

Good Day ,

I am a US Attorney and I'll be answering your question today.

I will need to know the status of other members of the board ; Are they rate paying customers ?

Are there any other conflicts of interest or is the only one given ?

Bob

Customer: replied 1 year ago.


The other Board members are not rate paying customers. There are no other potential conflicts of interest that I can imagine. The proposed rate paying customer seeking Board status is a retail rate payer having an annual personal obligation to the MUA of less than $600 per year

Expert:  Criminal Lawyer replied 1 year ago.

My advice is restricted to advice surrounding the general principles of law governing your issue and you should not act on this advice but seek further clarification from a specialist in your County.

Your exclusion from the Board is not based upon any suspect classification, that is not your race, age, gender, religious views. Hence, a municipal authority may exclude those people if the exclusion is rationally related to its objective.

Here it's objective is to ensure that there are no conflicts of interest between paying customers and they duties of board members to the the utility company.

Hence, I don't really see what you can do here absence a showing of arbitrary discrimination its practice of exclusion seems to fit its purpose.

Please discuss this further with a local Attorney.

Thank You for your question.

Please RATE my answer now either GOOD or EXCELLENT , so that I get credit for this answer and leave a BONUS if possible.

Criminal Lawyer, Lawyer
Category: Criminal Law
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