New Rochelle City Manager Announces Special Election in November for Stowe’s District 3 Seat

Written By: Robert Cox

strome.jpgSpeaking on his radio show today City Manager Chuck Strome told Bob Marrone that there would be a special election on November 2nd to fill the District 3 Seat recently vacated after the unexpected death of Jim Stowe. On the “In The City” show on WVOX, Strome said he could not speak to the politics but he could speak to the process — that the City Council could appoint someone to fill the seat from today until November but that the final year of the term would be filled through a special election.

Based on a review of the City Charter, the legal basis for Strome’s statement is unclear.

New Rochelle City Charter Section 8. Vacancies

Section 8. Vacancies. [Repealed by Local Law No. 1-1966 (February 9, 1966).]

Section 92.9
Any vacancy in the office of Mayor, Council member, Supervisor or Judge of the City Court, other than by expiration of term of office, shall be filled by the Council. No person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. The position filled temporarily by appointment must be filled at the next general election, and the individual who is elected at said election shall serve only for the remainder of the original term.

[Enacted by Local Law No. 1-1966 (February 9, 1966); amended by Local Law No.1-1987 (February 24, 1987).

9. Editor’s Note: Former Section 92, Vacancies, was repealed by L.L. No. 1-1966 (February 9, 1966).

–From pages 31 & 32 of City Charter –

4 thoughts on “New Rochelle City Manager Announces Special Election in November for Stowe’s District 3 Seat”

  1. NR City Charter On Replacing a Vacant Council Member Office
    My own reading of New Rochelle City Chart, Section 92.9, is that Chuck Strome’s statement is consistent with the City Charter, regarding replacing a City Council vacancy.

    The City Council currently consists of six members. If it is deadlocked and cannot come to a plurality vote, the Third City Council District will be absent representation until January 1, 2011.

    It is therefore imperative, for the City Council to come to a consensus and to appoint a temporary a new City Council member to serve for the remainder of 2010. A failure of its legal and moral obligations would be disgraceful of the City Council. An honorable City Council will appoint a new Councilperson.

    As to the process for placing names on the ballot for November 2, 2010, this goes beyond the New Rochelle City Charter, and into the convoluted world of NYS Election Law and NYS Public Officers Law Sections 37, 38 and 42, and perhaps some other New York State statutes and Court decisions.

    For the City Council to fill its vacancy, the County Clerk must first officially notify the City Council of its own vacancy, as well as to notify the Governor.

    An issue at least involving the 14th Amendment, is a means for any persons to petition, and for a Primary to occur if more than one person successfully petitions regarding a political party. In 2010 the Primaries will occur on September 14, 2010, which is rapidly approaching.

    1. Election
      There would be no primary possibility if there is a November special election. The political parties would nominate through convention as was done in the Varion – Marcotte race.

      1. Petitioning for a Special Election
        There actually was a short period of time available for Petitioning, for anyone who wished to, for the Varian – Marcotte race.

        Had there been a Democratic or Republican Party Petition by another candidate other than Varian and Marcotte, a Primary would have been obligatory under NYS Election Law, which might have have preempted or overturned that election. There is probably Court precedent on this matter, but I have no idea what it is.

        The issue is probably moot for the City Council Special Election, but if the situation arose, I would presume there would also be a Special Primary.

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