YOUNGSTOWN Dem panel to pick council president

Two leading candidates for council president say they don't want the seat.
By ROGER G. SMITH
CITY HALL REPORTER
YOUNGSTOWN -- James E. Fortune Sr., D-6th, won't automatically move to the vacant city council president's seat as first thought.
Instead, about 120 Democratic precinct committee members citywide will make the appointment next month.
The Mahoning County prosecutor's office issued a legal opinion Friday saying state law applies, not the city charter. State law says precinct committee people from the incumbent's political party fill such vacancies.
The appointment lasts until November 2003, when voters will select a council president, the opinion said.
What's in law: Last week, John R. Swierz, D-7th, asked the city law department for a legal opinion on filling the seat. Bush sent Swierz's request to the county elections board earlier this week. That agency forwarded the request to its lawyer, the prosecutor's office.
Bush said he sent the request out of city hall to avoid any appearance of impropriety or conflict of interest.
Charles P. Sammarone resigned as president earlier this month to become city water commissioner. The city charter says the council president becomes mayor if the top officials dies, resigns or is removed. It also says council's president pro tem -- Fortune in this case -- becomes the new council president.
The charter isn't specific, however, on the line of succession if the council president simply resigns. State law prevails when the charter is silent on an issue.
Fortune couldn't be reached to comment.
What's next: David Ditzler, Mahoning Democratic Party chairman, must call a meeting by April 19 so up to 123 precinct committee members in the city can vote on a new council president.
Anybody interested in the seat can send the party a letter of interest, he said.
No councilman can be counted out as a candidate for president, Ditzler said. Each starts with the advantage of having a base of precinct committee support in their ward, he said.
Michael Rapovy, D-5th, a first vice president in the party, would be a leading candidate, Ditzler said. Artis Gillam Sr., D-1st, is well thought of within the party, too, he said. Swierz could appeal to many committee members citywide with his work across ward lines, he said.
Neither Rapovy nor Gillam, however, wants the seat.
Rapovy said it's nice to be considered but he wants to do more in his ward. Gillam, too, said he would rather continue work in his ward than be council president.
Fortune should be the president, Gillam said, because of his experience.
Mayoral factor: Swierz, who is openly running for mayor in four years, said he will explore the council president idea. His possible replacement in the ward also will be a factor, he said.
The appointment also could open the field to any number of want-to-be-mayors.
The council president is a heartbeat from the mayor's office and Mayor George M. McKelvey is mulling an independent bid for Congress. Should he resign, whoever is appointed would become mayor.
Even without a mayoral vacancy, the seat is politically attractive. Whoever is selected as president would have 18 months in office and could use the incumbency as an advantage.
rgsmith@vindy.com