Monday, November 17, 2008


For those who do not read the comments to a post, the following exchange was in reference to my "NO MAYOR" post.I have stated that the Charter needs review and perhaps some revision. The questions raised by MP's suggestion of recalling the mayor may have opened Pandora's Box.

Anonymous said... "I don't think Gibson can stay on past Dec. 31 because he lost the primary and Annie McWilliams won the citywide at-large seat for four years starting Jan. 1. If the new faction can count to four, they could ward off the most egregious foolishness from the administration by not approving it."

I replied; My interpretation is that the fact that Gibson would no longer be on the Council would not matter. Once the acting mayor is appointed he serves until the NEXT GENERAL ELECTION when a new mayor is picked.That would have to be for the short term from election day until 1/1/10 when the next full term begins.-In other words at the NEXT general election there has to be election for the unfilled term and a separate election for the new 4 year term, Could be the same person.

I forgot some additional facts that would need addressing as follow; (a) if a councilman becomes acting mayor, is his seat on the council vacant? If so should it be filled according to the Charter? If it is not considered vacant is it legal for a member of the Administration branch to act at the same time in a legislative capacity? Not only would there be a conflict of interest but would it not be a violation of the Charter for one person to hold two city positions at the same time? Legal advice please.

  • 1 comment:

    1. Well who is in charge while EVERYBODY is in Atlantic City this week ??