White Plains CitizeNetReporter - City Corporation Counsel Mulls Council Ability to Appoint 6th person.

The Mayor's Office reported Friday that city Corporation Counsel Edward Dunphy is still studying the city charter to determine whether the Common Council has the right to appoint an interim Councilperson to fill the still vacant, undecided Sixth Councl seat.

A spokesman for the Mayor's office advised WPCNR that in the last meeting of the Common Council for the year last Thursday that the council pressed the Mayor as to a ruling on appointing an interim councilperson.

Insiders around the White Plains holiday party circuit have confirmed that the council has asked Pauline Oliva to remain on as a councilperson. Ms. Oliva also let slip in the December 20 work session, she would vote for the south end FAR, Setbacks Zoning ordinance in January, indicating she expects to be on the Council next Monday evening.

Maybe, maybe not.

However, Corporation Counsel Edward Dunphy, is delving into the city charter. According to the Mayor's office, he has not yet determined whether or not, it is legal for the council to appoint an interim member.

John Martin says "No." John Martin is the councilperson who was appointed by the Common Council in 1994 to replace Sy Schulman on the Council. (Schulman was elected Mayor in 1993.)

Martin wrote WPCNR last week in reaction to our The Scoop column, quoting the section of the charter dealing with vacancies on the Council.

Martin says, in his opinion, the council does not have the right to appoint, the way the city charter reads:

Martin wrote, 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!

What does having an interim councilperson mean?

The Common Council meets one week from today on January 7 to take up the critical New York Presbyterian Hospital DEIS on their Plan B project. The council obviously would like to appoint a person, most likely, Pauline Oliva, to fill the seat remaining vacant due to the Delgado, Hockley election case now before the Appellate Court in Brooklyn.

The Mayor's office indicated Friday that Dunphy had not yet reached an opinion on the Council right to appoint.

Issues at large

Issues Dunphy is reported to be grappling with are:

One, a mechanism by which an interim council appointee would be removed.

Two, whether or not Mr. Delgado or Ms. Oliva would "holdover."

Three, whether in absence of a specific procedure in this type of situation (an undecided election), the Mayor might have a right to appoint a sixth councilperson.

Four, the sanctity and legality of decisions, resolutions, and votes taken by the council with an appointed member, or a 5-person council.

Five, the validity of hearings and procedures before a "short" council.

Six, should the council appoint a sixth member in lieu of a Dunphy opinion, it raises the question of whether the Mayor's office would allow that sixth appointed member to be seated next week.

In other Council action last Thursday

The council authorized spending $2,000,000 to execute the road improvements to Bloomingdale Road and Maple Avenue in connection with the Fortunoff project approved December 20.

They also authorized transfer of a liquor license to facilate a sale of a local bistro.

The Council authorized a pay increase for city Economic Development Officer and city hall media relations contact, Paul Wood.


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