YOUNGSTOWN Council faces unclear issue on top seat

State law says no member of a legislative authority can hold multiple seats.
By ROGER G. SMITH
CITY HALL REPORTER
YOUNGSTOWN -- A few city council seats undoubtedly will change hands after today's election, with a few vacancies to be filled.
Even after the results are in, however, exactly who immediately will sit in a couple of those chairs -- and when -- isn't nearly as clear.
The cloudy picture concerns James E. Fortune Sr., the Democratic candidate for council president who also is 6th Ward councilman.
The only certain lineup is if his challenger wins the election for council president.
Republican Tracey S. Monroe-Winbush would take the president's seat as soon as the vote is certified later this month.
Winbush would take the seat immediately, instead of Jan. 1, because the election is to fill an unexpired term. The incumbent president, John R. Swierz, was appointed to the position but lost the Democratic primary to Fortune.
Fortune said Monday that if he wins, he intends to take the president's seat and also hold onto his 6th Ward seat until the term expires Dec. 31, when a newly elected member takes office.
Not allowed?
Law Director John McNally IV said Monday he didn't think one person could hold two city council seats but hasn't looked into the issue.
State law says no member of a legislative authority can hold more than one seat, said Mark Gribben, a spokesman for the Ohio Attorney General's office.
The attorney general's office hasn't issued an opinion, however, on this particular circumstance, he said.
If the county prosecutor requests an opinion, the state attorney general's office would apply a seven-part test to determine if holding both seats were compatible, Gribben said.
Fortune said he would resign the 6th Ward seat if he is forced.
There are at least three possibilities if Fortune wins but isn't allowed to keep his 6th Ward seat.
Council could do nothing and leave the seat empty until a newly elected member is sworn in Jan. 1.
Council also could appoint somebody to the seat for a few weeks, such as the winner of the election, or even somebody else. McNally and council members are convinced that the city charter gives council the right to fill vacancies. A local political group challenged that right in court recently, however. Council decided to back off and instead turned the decision over to Democratic precinct committee members.
That means council also could leave the 6th Ward seat decision to precinct committee members.
rgsmith@vindy.com