JACKSON TOWNSHIP, NJ – Jackson Township Councilman Marty Flemming, who lost a contentious political race to incumbent Mayor Michael Reina last November has faced criticism over his permanent place of address. Flemming sold his primary Jackson Township home earlier this year.
According to county records, Flemming and his family sold their homes to a Monsey, New York-based buyer in May. Since then, doubts about Flemming actually living in Jackson have been raised on several occasions.
Flemming said he maintains a residence in Jackson, but a group of skeptical residents decided to see for themselves if he was telling the truth.
In photos provided to Shore News Network by concerned residents, Fleming allegedly leaves his business in Jackson at County Line Hardware and retreats to a Cookstown, New Jersey address each night after work. That habit was documented in the investigation data provided to Shore News Network.
The residents, who said they were concerned about the possible legal impact of a sitting elected official in Jackson not residing in the township could cause more litigation problems for the town in the future. Flemming also serves on the Jackson Township Planning Board. Both seats require residency in Jackson, according to the township code.
In June, shortly after complaints began surfacing about Flemming’s legal residency, he resigned as the township council president.
According to state law, a sitting elected official must reside in the community where they serve.
Chapter 70 of the New Jersey First Act, R.S.52:14-7 reads, “a. Every person holding an office, employment, or position (1) in the Executive, Legislative, or Judicial Branch of this State, or (2) with an authority, board, body, agency, commission, or instrumentality of the State including any State college, university, or other higher educational institution, and, to the extent consistent with law, any interstate agency to which New Jersey is a party, or (3) with a county, municipality, or other political subdivision of the State or an authority, board, body, agency, district, commission, or instrumentality of the county, municipality, or subdivision, or (4) with a school district or an authority, board, body, agency, commission, or instrumentality of the district,”
In June, at a public township council meeting, Flemming said he would soon be resigning from the board. When questioned by resident Sheldon Hoffstein about his residence, he claimed he was still living in the home he recently sold.
“Is it your intention to remain a Jackson resident and hold on to your council seat?” Hoffestein asked Flemming.
“No, I will not be here that long,” Flemming responded.
When asked when he was leaving, Flemming said he had no timeline. Hoffstein suggested Flemming resign as he no longer has a long-term interest in the town and should no longer be representing the 58,000 residents who do live in the town.
“You should consider leaving sooner than later,” Hoffstein said. “If you do resign, everyone will thank you for your service,”
“I still reside in the house that was sold, I am renting it,” he said. “The house I live in for the last 45 years, I still reside in.”
According to the New Jersey instructions on residency, a resident is an individual that is domiciled at an address for the tax year or an individual who maintains a permanent home and spends more than 183 days at that home.
Flemming recently resigned from his position as a board member of the Ocean County Natural Land Trust Fund. He was replaced by Jackson resident and councilwoman Jennifer Kuhn.
Flemming continues to maintain that he still lives in Jackson, but the local watchdogs, who wished to remain unidentified to maintain whistleblower-style protection said they have proof in the form of weeks of surveillance videos and photos that proves he does not live in Jackson.
Flemming has not yet responded to the latest allegations. Residents said they are planning on confronting the councilman at Tuesday night’s regularly scheduled meeting and may ask him to resign his position.
The citizen investigators claim Flemming does not live in Jackson and spends most of his time at his new home in Cookstown. According to public records,