White Plains CitizeNetReporter - Former Appointed Councilman John Martin: Council Unable to Appoint Interim Fill-

Special to WPCNR, UPDATED 1/1/02: Former White Plains Councilman John Martin gives the background on the Common Council appointment of him as an interim Councilman in the 1990s. Councilman Martin analyzes the present Delgado-Hockley impasse (currently awaiting Appellate Court ruling), in terms of the City Charter and writes WPCNR his opinion:

John,

You are correct in that I was appointed to fill a vacancy on the Council in 1994 when Sy Schulman was elected Mayor. I was then elected to fill the balance of his term in November of that year pursuant to city charter.

That same charter, at Section 14 of Article I states that

"if a vacancy shall occur in any elective office of the city otherwise than by expiration of term, the common council shall appoint a person to fill such vacancy..." (emphasis added)

Since the vacancy here is by expiration of term I see no authority for the council to fill this vacancy!

I see no reason for the council to rush to any quick judgments. As you know, it is rare to see any other than a 7-0 vote on the council and even rarer to see a 4-3 vote where the 7th vote is critical. I would venture a prediction that all votes for the January meeting will be 6-0! White Plains has operated in a true bi-partisan spirit for many years. As I always said, there is no Democratic or Republican way to collect garbage, police our streets etc.

We need the best and the brightest minds working for us without regard for party labels. John M. Martin


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