Rochester, N.Y. – Commissioner of Neighborhood and Business Development Carlos Carballada takes the reins at City Hall Thursday, but there are questions about whether he’s the “mayor.”
City officials are using the provision of the city law that applies to how to handle a natural disaster or foreign attack when the mayor or deputy mayor is not available to serve. Carballada will be the “Emergency Interim Successor.” He will have the powers of mayor, but he will not assume the office of mayor, according to the charter and a city spokesman.
“That’s the mechanism by which he gets there,” said Acting Mayor Tom Richards. “It isn’t the title, but the job itself. I think we’re spending way too much time focusing on that. It’s very clear from the charter that he has the authority to do what he needs to do.”
When Richards went from deputy mayor to acting mayor, he changed the line of succession under the emergency provision of the code. The commissioner of Neighborhood and Business Development follows the mayor and deputy mayor. Then comes the Environmental Services commissioner, police chief and fire chief.
The code says the Emergency Interim Successor does not get a salary, but the city spokesman said Carballada would draw his salary as commissioner.
Jim Bowers, a St. John Fisher political science professor and ally of former mayor Bill Johnson, does not believe the city is authorized to appoint an Emergency Interim Successor in this situation.
“That’s what they want him to be,” Bowers said.
The emergency provision of the code does cite “legal reasons” for why an Emergency Interim Successor should be appointed. Bowers said Richards didn’t have a legal reason to step down. He stepped down to run for office and avoid violating federal campaign laws.
“It does not extend to a political decision by someone to step down, thus creating a political crisis, not the type of crisis that gets to the level of a Mars attack or Katrina,” Bowers said.
Bowers said City Council is shirking its responsibility to appoint a mayor, which would trigger a general election in November. City Council decided to hold a special election, tentatively set for March 29. Council’s decision has been a source of controversy within the Democratic Party, with Bowers and others saying a special election with no primary process is not democratic.
Carballada will only be in office a few months, but Nazareth College political science professor Timothy Kneeland said he’ll still have a lot of power.
“If I’m not happy with a decision that comes out of the mayor’s office, I could easily see someone litigating this,” said Kneeland.
Kneeland pointed out that the city already got in trouble for misreading the charter and declaring Richards the mayor. Federal investigators said the city charter is so vague, he might still be the deputy mayor, forcing Richards to step down to run for office.
“There’s turmoil. There’s chaos. It seems no one seems to be in charge and no one seems to be able to read this charter accurately,” Kneeland said. “This is really, seriously damaging to the reputation of Rochester and the ability to get things done.”
“No it’s not in legal chaos at all. It’s in firm hands. We know who’s in charge. We know who’s doing it. The structure’s the same,” said Richards. “This is not like when General Haig said ‘I’m in charge’ and he wasn’t. We know who’s in charge. We know who’s doing it and the people are capable.”
Richards’ last day is Thursday. He’s hosting a fundraiser at the Riverside Convention Center in the evening. His campaign has already raised $121,170 according to campaign filings.
Johnson may challenge Richards, if no other Democrat comes forward.
"They're doing everything in their power to keep from appointing a mayor," Johnson said. He said he didn't think an emergency provision applies.
