YOUNGSTOWN Boles cannot fill council seat early

The law director said the candidate wasn't property appointed under state law.
By ROGER G. SMITH
CITY HALL REPORTER
YOUNGSTOWN -- A few more minutes and Clarence Boles might have been the 6th Ward city council member 17 days early.
"Ten minutes later it would have been a done deal," he said.
But city Law Director John McNally IV stepped in and nixed a swearing-in Monday, contending Boles' appointment to the seat wasn't proper.
Boles said he won't challenge the law director's opinion in Mahoning County Common Pleas Court because there's not enough time before year's end.
That leaves him to wait to take office with other council members Jan. 1.
That doesn't mean he agrees with the decision, however.
Boles went to the city council office Monday morning seeking to be sworn into the seat.
On Saturday, a Democratic precinct committee voted to appoint Boles -- the 6th Ward councilman-elect -- to the vacant seat for the rest of the year. James E. Fortune resigned the seat Nov. 28 to become council president.
Boles brought with him Andrew Douglas, who heads the 6th Ward precinct committee. Douglas also is a notary public. Boles found a segment of state law that says notaries can swear-in public officials just like judges.
Arlene Thompson, the city clerk, asked McNally to first review whether Boles was eligible for the seat. McNally said Boles wasn't property appointed under state law and that he couldn't take office.
Proper appointment
McNally said state law requires a party chairman to call meetings that involve appointments to fill vacant seats.
That didn't happen in Boles' case.
Lisa Antonini, chairwoman of the Mahoning County Democratic Party, declined to call a meeting to accommodate the appointment.
An appointment would unfairly give Boles a seniority advantage over two other newly elected council members, she said. Seniority sometimes is used when council considers committee assignments and other decisions.
Antonini said the seat can remain vacant because Fortune is available to help ward residents with problems through year's end. Council isn't expected to decide on any major issues before Dec. 31 anyway, she said.
Boles said he would go to court if the seat was to be vacant for four weeks or more because ward residents deserve representation. He said seniority matters but should take a back seat to representation.
Boles said he tried to follow the party's rules, but the chairwoman was flexing what he called "dictatorial powers." He renewed his contention that party leaders should let members decide what to do, not prevent them from making decisions.
Antonini said she doesn't regret her decision to keep Boles from taking office early. The decision is rooted in what's best for the party, not just a few members, she said.
rgsmith@vindy.com