In a legal challenge to the City of Newark, Trenton Jones, former candidate for a South Ward Council

seat, maintains that U.S. Rep. LaMonica R. McIver’s resignation from the Newark Municipal Council "is not legally valid under N.J.S.A. 40A:16-3 until a written resignation letter is submitted."

According to a suit he says he filed on 4/1 in state Superior Court, Jones requested a copy of McIver’s resignation letter from the council.

"The Newark City Clerk responded that no resignation letter exists, despite public statements that McIver vacated her position on September 18, 2024. Under N.J.S.A. 40A:16-3, a municipal office is deemed vacant only upon the submission of a written resignation letter to the municipal clerk. Without such a letter, McIver remains the lawful officeholder of the Central Ward council seat."

In 2018, Newark voters elected McIver the Central Ward Council Member and reelected her in2022. She also served as Council President until September 17, 2024, when the Council voted to select a new President. On September 18, 2024, voters elected McIver to the U.S. House of Representatives in a special election following the untimely death of Donald Payne, Jr. On September 23, 2024, McIver took the oath of office for the remainder of the unexpired term.

According to Jones, "Despite public statements that McIver vacated her council seat, the Newark City Clerk has confirmed no resignation letter exists. Without a resignation letter, McIver technically retains her seat under N.J.S.A. 40A:16-3. As a result, Central Ward has lacked representation for six months, preventing constituents from having a voice in municipal matters."

In his suit, Jones wants the City of Newark to declare the invalidity of McIver’s resignation under N.J.S.A. 40A:16-3 until a written letter is submitted, order McIver to submit a written resignation letter,
direct the City Clerk to properly document the vacancy and inform the governing body and public, mandate that the City Council vote to accept McIver’s resignation after it is formally submitted, order the City of Newark to comply with New Jersey’s municipal vacancy laws and appoint an interim Central Ward representative until the November 2025 special election.