CALDWELL, NJ - Borough of Caldwell Attorney Greg Mascera addressed the future of Councilman Edward Durkin (D) at the Borough Council’s business meeting on Tuesday.

Durkin, 33, was arrested by officers from the Caldwell Police Department on Feb. 8 for allegedly assaulting his wife. The councilman was charged with simple assault and criminal restraint. Durkin was not present at the business meeting.

“There is no law or ordinance in the state of New Jersey, that I know of, that would empower the Council to take any action,” regarding Durkin’s seat on the council, Mascera said. Durkin will remain as a Councilman for the foreseeable future. He added that the ability to censure or punish Durkin is not in the purview of the governing body and that the matter would have to be settled through the criminal justice system.

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Caldwell Police Chief James Bongiorno said that while he could confirm the arrest, there would be no further statements from the police.

“We release statements on things like burglaries, but we don’t comment on domestic violence incidents out of respect for the privacy of the alleged victim,” he said.