Breaking News … Judge rules on council vacancy

Ian Perrotta will be filling the city council seat that became vacant after the passing of Titus Walters.

By Charles Sercombe
Wayne County Circuit Court Chief Judge Robert Colombo has finally settled the question of who will fill the vacant city council seat.
On Friday, Oct. 23, Colombo, reading from a prepared statement, ruled in favor of the city administration’s interpretation of the city charter, meaning Ian Perrotta will now be a member of council.
An attorney for Rashad Almasmari had argued the administration’s interpretation was wrong, and it should be Almasmari who should take the seat.
The issue boiled down to whether to take the next highest vote-getter from those candidates who vied for a full four-year term in the last general election, or from those who squared off to finish the remaining term of a councilmember who resigned to run for mayor.
According to two city legal opinions, in cases like this the results of the two races are blended together to determine who is next in line when a vacancy occurs.
Almasmari’s attorney argued the next person should be picked from those who ran for a full four-year term despite there being two contrary legal opinions and legal precedent set in 2007.
Siding with Almasmari’s interpretation were Councilmembers Anam Miah, Abu Musa, Robert Zwolak and Mohammed Hassan.
Those four councilmembers initially refused to declare a vacancy on council in a special meeting, which held up the appointment process. In the meantime, Almasmari filed a restraining order that prevented the city from filling the vacancy.
The current vacancy arose after Councilmember Titus Walters died four weeks ago.
In 2013 Almasmari ran in the same election with Walters for a full four-year term. There were three council seats in that election with a full four-year term. Almasmari came in fourth.
Perrotta was also in that election but he ran for the remaining term vacated by Cathie Gordon. He came in second to Abu Musa.
By blending the results of the two races, Perrotta was the fourth-place finisher.
The charter makes no distinction when there are two separate races for council seats. It simply says the next in line is the fourth highest vote-getter, then fifth and then the sixth. If none of those candidates can take the seat then the council appoints someone.
Judge Colombo conceded that the charter is ambiguous on the matter, but sided with the city’s legal opinion and precedent. He said the city had a chance to clarify the issue back in 2007 when a similar situation happened but it didn’t.
During his ruling, the attorney for Almasmari, Roger Webb, interrupted the judge several times. Colombo was clearly annoyed and threatened to “sanction” Webb if he spoke again.
It was unclear whether Almasmari is going to appeal the ruling.
The court hearing was over by 9:30 a.m. A few hours later City Clerk August Gitschlag said he already mailed a registered letter to Perrotta informing him of the vacancy.
Perrotta has already said he will take the council seat. It was unclear whether he could be sworn into office on Friday.
Perrotta said on his Facebook page that he’s ready to get to work.
“Let’s put this issue to rest and all work together toward making a great city even better,” Perrotta said.
He was welcomed by several residents.
“We should celebrate this ruling,” Heather Martin replied to his Facebook posting. “It is a victory for the voters!”
Almasmari could not be reached for comment.

This article was edited for clarity at 2:30 p.m., Oct. 23.