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FLASH! Dunphy Issues Secret Ruling on Council Seating. Council Meets at 8
Posted on Thursday, January 03 @ 12:05:53 EST by jfbailey
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Special to WPCNR:The Mayor's office announced Thursday that Corporation Counsel Edward Dunphy has issued his opinion on Common Council right to appoint an interim councilperson in a hand-delivered letter to each Council Member. The letter presents Mr. Dunphy's opinion on the composition of the first Common Councilmeeting of the new year Monday evening.
The Mayor's Office announced a special meeting of the Common Council for 8 o'clock Thursday evening in Executive Session to discuss Mr. Dunphy's opinion and the issues it raises.
George Gretsas, the Mayor's Executive Officer, told WPCNR Thursday morning that Mr. Dunphy's legal opinion on whether or not the council had the right to appoint an interim councilperson to fill the contested third seat on the Common Council, had been hand-delivered to members of the Common Council Thursday morning: Rita Malmud, Tom Roach, Benjamin Boykin, William King, Robert Greer.
Executive Session Called to Mull Dunphy Directive
Gretsas told WPCNR, "The Common Council will meet Thursday night at 8 to discuss the letter and ruling, and if they agree the letter (Dunphy's) will be made public."
City Hall refused to release the contents of Mr. Dunphy's letter, citing attorney-client (Common Council being the client) privilege.
Delgado Oliva Not In Meeting
Asked if Pauline Oliva and Larry Delgado, previous incumbents of the Council, whose terms expired Monday evening at midnight, had been invited to the meeting, Gretsas said they had not.
Asked whether Tom Roach would be on the council, Gretsas said that Mr. Roach, and Rita Malmud, technically started their terms at midnight January 1, and that swearing in was strictly a formality. On the other hand, he said, Oliva and Delgado terms had officially ended at the same midnight hour.
The Dunphy Directive
Dunphy's letter was expected to touch on a range of issues raised by the historic contested third seat which is currently unfilled by order of the Appellate Division, New York Supreme Court, Second Department, Brooklyn.
The Appellate Court is still reviewing Judge Francis Nicolai's decision calling for a continuation of the November 6 election and a revote in White Plains District 18. A decision is expected either Thursday or Friday of this week
Armchair analysts think Delgado may "holdover."
Legal analysts in the city, Jeffrey Binder, Delgado attorney, and John Martin,a former Councilperson who was himself appointed a councilperson by the Common Council, believe by virtue of the Public Officer's law that Mr. Delgado could legally "continue" in his seat or "holdover," until the seat is filled by a new election or a court ruling.
Other issues speculated as being covered in the Dunphy Letter are: whether the council has the right to appoint an interim councilperson (sources have told us that the Democratic council caucus would prefer reappointing Pauline Oliva); the mechanism for removing such an appointee; how long they would serve; and whose seat is vacant.
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