YOUNGSTOWN City council to fill vacancy in top post

An election for the council presidency will be in 2003, the county prosecutor says.
By PETER H. MILLIKEN
VINDICATOR STAFF WRITER
YOUNGSTOWN -- A special city council meeting has been called for 7 tonight in the law department offices to consider legislation pertaining to filling the vacant post of council president.
A notice of the meeting was issued immediately after Wednesday's council meeting, at which Law Director Robert E. Bush Jr. issued an opinion that the city charter gives council the authority to legislate the manner in which a mid-term vacancy in the city council presidency is to be filled.
The vacancy occurred when Charles P. Sammarone, whose term runs through Dec. 31, 2005, recently resigned to become city water commissioner.
Councilman James E. Fortune Sr., D-6th, has been serving as council president pro tem. The charter is silent on the line of succession if the city council president resigns.
Prosecutor's opinion: Mahoning County Prosecutor Paul J. Gains issued an opinion last week, saying that the choice for Sammarone's successor is to be made this month by the city's 123 Democratic precinct committee members, with an election to be held for the balance of Sammarone's term in 2003.
David Ditzler, county Democratic Party chairman, has called a meeting of these committee members for 7 p.m. April 18 at the Saxon Club in Austintown to choose a new council president.
In issuing his opinion, Bush said: "I would suggest that council needs to act before the Mahoning County Democratic Party does."
Fortune said he expects council to immediately enact legislation that would give lawmakers the authority to appoint the new council president, with four councilmen's votes then being required to designate Sammarone's replacement.
Bush advised Fortune after the meeting that council also has the authority to legislate the manner in which the mid-term vacancy in the 6th Ward seat would be filled if Fortune is appointed council president.
Ditzler has mentioned Michael Rapovy, D-5th, Artis Gillam Sr., D-1st, and John R. Swierz, D-7th, as possible successors to Sammarone. But neither Rapovy nor Gillam want the job.
Swierz, who plans to run for mayor in four years, has said he'd explore the idea of seeking the council presidency. Gillam has said Fortune should get the post because of his experience.
Succeeds mayor: Whoever is selected as council president would automatically become mayor in the event the mayor dies, resigns or is removed. Mayor George M. McKelvey is mulling an independent bid for Congress.
"We have to look at that opinion [rendered by Bush] and see how it differs from the one that Mr. Gains brought forth, and there could possibly be some legal challenge," Swierz said.
milliken@vindy.com