The Trenton Times published the following article on April 25, 2013. To read the full article, click here.

Trenton council to discuss plan if Mayor Tony Mack, council member is removed from office

By Erin Duffy/The Times of Trenton 
on April 25, 2013 at 7:15 AM, updated April 25, 2013 at 7:16 AM

TRENTON — As Mayor Tony Mack’s federal corruption trial draws nearer, council members will hold a special meeting Tuesday to spell out the succession plan should a mayor or council member step down or be removed from office.

Council President Phyllis Holly-Ward said residents deserve to know exactly what happens if Mack resigns from office or is forced to give up his elected position if convicted.

“Based on the circumstances with the mayor, once I did my research in other locations where this has happened, it’s pretty mandatory to inform the residents what’s going to happen with their government,” she said. “It’s not about him, it’s just about what happens in any kind of circumstance.”

Mack, his brother Ralphiel Mack and ally Joseph “JoJo” Giorgianni have been charged with extortion, bribery, wire fraud and mail fraud for allegedly attempting to collect $119,000 in bribes from a developer connected to a downtown parking garage project. All three pleaded not guilty in December.

Their federal trial is expected to start sometime this summer. Mack’s attorney Mark Davis said yesterday there were no new updates on a trial date.

Holly-Ward said next week’s meeting wasn’t scheduled just because Mack’s trial is imminent.

“Actually, it should have been done already. It should have been done as soon as there was any kind of action taken,” she said. “Back in December, after he was indicted, I reached out to the law department, but whether it was because of the transition between city attorneys, I had to pretty much force them to give me information on this.”

Holly-Ward said at the meeting, scheduled for 5:30 p.m. in council chambers, residents will be given handouts explaining the city’s succession order.

The explanation isn’t just in case a mayoral vacancy arises — Holly-Ward said residents should understand the process if a council member also steps down, pointing to the special election triggered when former South Ward Councilman Jim Coston resigned in 2009 to take a job in Texas.

The city’s charter states: “A vacancy in the office of Mayor shall be filled by election for the remainder of the unexpired term at the next regular municipal election occurring not less than 60 days after the occurrence of the vacancy. Council shall fill vacancies temporarily by appointment to serve until the qualification of a person so elected.”

Another section of the city code allows the mayor to name a chief of staff, business administrator, any department head or the city clerk acting mayor for up to 60 days if the mayor is away, sick or needs to step down temporarily.

Holly-Ward said the interpretation given to her by the city’s law department was that if the mayor stepped down permanently, the business administrator would serve as mayor for up to 60 days and then council would choose a new interim mayor. Council could pick a council member or any Trenton resident to serve as interim mayor, Holly-Ward said.

New Jersey’s Municipal Vacancy Law, however, states that in municipalities with non-partisan governments, like Trenton, council can pick a successor within 30 days of a vacancy. Another law, and several recent state court opinions, provide that council presidents serve as mayor until a new mayor is chosen.

When former Hamilton Mayor John Bencivengo resigned from office Nov. 21, one day after he was convicted of five corruption charges, then-Council President Kevin Meara became mayor until council convened and picked a new mayor. Like Trenton, Hamilton has a strong mayor form of municipal government.

Mack did not respond to a request for comment.

Contact Erin Duffy at (609) 989-5723 or eduffy@njtimes.com