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DROP lawsuit will be filed to kick Tartaglione off the ballot
Gloria Gilman is filing a lawsuit tomorrow to kick City Commissioner Marge Tartaglione off the ballot, arguing that she can't run because she's enrolled in DROP.
DROP lawsuit will be filed to kick Tartaglione off the ballot
Gloria Gilman, the chair of Neighborhood Networks, tells City Paper that she's filing a lawsuit tomorrow against City Commissioner Marge Tartaglione to kick her off the ballot. She argues that because Tartaglione is enrolled in the Deferred Option Retirement Plan (DROP), she's ineligible to run for office.
A legal loophole has allowed Tartaglione and other public officials to remain working while enrolled by collecting a lump sum of cash from DROP, "retiring" for a day and then running again.
Republican attorney Matt Wolfe filed a similar lawsuit on Friday challenging Councilman-at-Large Frank Rizzo, as CP reported, which argues that Rizzo can't run because he's enrolled in DROP. And Councilwoman Marian Tasco is now facing a suit that makes the same argument.
Gilman says Stan Shapiro, who was chief staff attorney for City Council for more than 20 years, is also joining her as one of the suit's plaintiffs. Their attorney is Joseph Doherty, from Spector Gadon & Rosen, who is also representing the two people filing suit against Tasco.
These suits mark the first time that city solicitors have been challenged in court over their opinion that elected officials can be enrolled in DROP and run for reelection.
"The city solictor has come up with a tortured argument that you can somewhow fully retire by leaving for a day and then coming back," says Doherty. "I'm fully confident the court will see it [our] way."
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