Rochester, N.Y. -- A lawsuit filed late Friday claims that Acting Mayor Carlos Carballada is not legally in charge.
The suit, filed by Firefighters Union President Jim McTiernan and resident Louis Amico asks Rochester City Council to appoint a new mayor by January 31st. That would trigger a general election in November. City Council chose to hold a special election on March 29. The issue of how to fill the mayor's position following the departure of Robert Duffy has been extremely controversial.
Carballada took over as Emergency Interim Successor last week, after Acting Mayor Tom Richards stepped down in order to run in a special election. Because Richards had not appointed a deputy, the city maintained the next person in line was Carballada. The city used a law designed for attacks, natural disasters, or "legal reasons" that prevent the mayor or deputy mayor from being in charge.
The lawsuit, filed by a Buffalo attorney, claims the city overreached in its interpretation of the city charter and code. "Carballada has unlawfully assumed the position of Acting Mayor and is unlawfully exercising the powers and duties of Acting Mayor of the City of Rochester," the lawsuit says.
Caballada's office issued this statement today:
"Apparently, a lawsuit was filed against me and City Council late this afternoon. The City has not been served with the lawsuit as of yet, but we have seen the petition/complaint. It says that two individuals claim that somehow I am not the legal successor to serve as Mayor and that City Council can be forced to appoint a successor instead of holding the special election. This action reaches an illogical conclusion through a selective reading and partial reference to the governing law. The City will defend its Charter and endorse City Council's decision to seek a special election. We are confident that our Charter and the steps of succession spelled out in the law were followed. I am the acting mayor of Rochester.
While all the legal threats and media coverage may seem confusing, it is hardly so here in City Hall. Our citizens should know that their city government is operating smoothly and efficiently. I am happy to report that our streets are being plowed and lit and our citizens protected by the police force, fire department and 911. City Hall is humming with the sound of the people's business. All is well as we work steadfastly on our looming budget problems and the pending cuts from New York State. We will not miss a beat. In fact, the only thing that is disrupting City Hall is this lawsuit.
Tuesday night, our elected City Council chose to put an end to the questions surrounding the mayoralty by setting the date of March 29, 2011 for the special election. It will be an election that will have multiple candidates to choose from, including some high profile individuals. And so, the system is working and the people will have a choice and a voice within a matter of weeks. Until then, I will serve to move our city forward and continue our progress."
