Debate is already taking place over who will succeed councilmember

By Charles Sercombe
So who will follow in the footsteps of Titus Walters on city council?
That question has stirred up a hornet’s nest among some councilmembers since Walters died last weekend.
According to the City Charter, which speaks straightforward and plainly on this, it’s the fourth place finisher in the last general election. That election took place in November 2013.
But complicating matters is in that election there were two races, one for a four-year term and another for a two-year term.
Some councilmembers are arguing that the fourth place finisher in that election should be taken from the field of candidates who ran for the term that Walters did.
Using that formula it would be Rashad Almasmari.
The city is asserting, however, that based on a 2007 opinion by former City Attorney James Allen, when a similar predicament took place, the results from both elections should be combined.
Using that formula, Ian Perrotta will take Walters’ place.
Councilmembers Robert Zwolak, Mohammed Hassan and Anam Miah aren’t buying that version. They insist that since Perrotta ran for a different term in the 2013 election, the next person is Almasmari.
However, the city charter does not back that up. It simply says the next in line is the fourth-place finisher, or in other words the next highest vote-getter, said Allen in his opinion.
In a swirl of emails that circulated among councilmembers and the city administration, Zwolak further disputes whether tonight’s (Friday, Oct. 2) special meeting to declare a vacancy on council is even required.
He said the charter does not require a special meeting. He is correct about that, but a city ordinance, passed after the city charter was approved by voters, does require the city manager to call for a special meeting within five days of a council vacancy occurring in order for the council to officially declare a vacancy.
Zwolak goes even further, insisting that the city first receive documentation authenticating the death of Walters, even though the charter does not require that.
City Manager Katrina Powell stepped into the fray, saying that Zwolak’s emailing violates the state’s Open Meetings Act.
It was not immediately clear what the specific violation is, but it’s a good guess it’s about not allowing elected officials to “round robin” outside of a meeting.
Whether or not there will be a discussion on how to fill Walters’ vacancy on Friday is anyone’s guess. The sole purpose of the meeting is to adopt a resolution that declares a vacancy.
There is a comment period for councilmembers after that, and the topic of who should be tapped could come up, but ultimately it is not up to the council to decide. That matter is handled by the City Clerk’s Office.
According to the City Clerk’s Office the next person in line to fill a vacancy is Ian Perrotta.
A registered letter will be sent to Perrotta to determine whether he is interested in the job.
Zwolak is demanding that whoever fills the seat should first prove their residency by showing their driver’s license and proof of insurance, which is a step that is not required by city charter.
There is a little over two years remaining in Walters’ term.