The Trentonian published the following article on May 1, 2013. To read the full article, click here.

Trenton Council discusses contingency plans if Mack were convicted

By DAVID FOSTER Posted: Wednesday, 05/01/13 12:01 am Updated: Wednesday, 05/01/13 08:18 am

TRENTON — Mayor Tony F. Mack could be found guilty at his upcoming trial for federal corruption charges and remain in office.

That was determined Tuesday night in a special council meeting aimed at answering questions if a vacancy were to occur for the mayor’s seat.

“A conviction does not cause a vacancy,” city attorney Caryl Amana said, adding that sentencing would cause the vacancy. “There’s nothing that requires the person who’s sitting in the office to vacate that seat.”

A resident seemed bewildered at the attorney’s response to her question.

“I wonder if there’s any precedent that’s set for a convicted official that remained in the position,” the woman said. “So he could if that were to happen?”

Mack was indicted in December on corruption charges along with his brother Ralphiel Mack and associate Joseph A. “JoJo” Giorgianni.

Shortly after, Mack pleaded not guilty to six criminal counts related to what prosecutors say was a scheme to accept $119,000 in bribes in exchange for using his influence over the development of a parking garage on city-owned land.

It was disclosed at the meeting that the following reasons would lead to a vacancy for the mayor: judicial determination such as incarceration, death, violation of residency law, refusal to qualify or to serve in the position, an official declared physically or mentally incapable, or resignation.

Council President Phyllis Holly-Ward said she held the meeting to inform the public of what steps would take place if there was a vacancy for mayor or council.

“It is also important that we’re transparent and acknowledge that it is the alleged circumstances of the mayor which has resulted in many questions from residents and has triggered the need for this information session,” she said. “This is not a meeting to address the mayor’s alleged circumstances.”

For specifics on vacancies, City Clerk Leona Baylor said if the mayor is unable to attend to his duties, the governing body shall become the active mayor until the successor is appointed by city council by a majority vote, which is four votes.

The individual must have the qualifications required for the mayoral position and council has the option to chose anybody.

Baylor said if the vacancy occurred after Sept. 1, the appointment is made by council for the unexpired term. If the vacancy falls before that date, the vacancy is filled in the next general or municipal election, whichever occurs first, and is held no later that 60 days after the vacancy.

Blogger and activist Patricia Stewart asked if the appointments would be advertised.

“Would you advertise for people to come in and ask to be appointed or would you just pull someone out of the puddle of drool?” she asked.

Holly-Ward responded with laughter, “It would be advertised in all fairness.”

If a vacancy were to occur this year before Sept. 1, the petition deadline to run for office would be Sept. 3 at 4 p.m.

The mayoral election would be held Nov. 5.

Some of the candidates’ names for the 2014 mayoral race were thrown into the discussion at the meeting.

John E. Harmon, president of the African American Chamber of Commerce of New Jersey, questioned Holly-Ward if anyone asked her to procure enough votes to appoint someone to run for mayor, specifically Eric Jackson.

Holly-Ward responded no. What seemed like a rebuttal from the Jackson camp, another man asked council if there have requests by other candidates, like former city police Director James Golden, to procure votes.

Councilwoman Marge Caldwell-Wilson responded absolutely not.

One resident urged council to not select someone who is running for office if an appointment for mayor is required.

If council fails to make an appointment, then the council president would become acting mayor until the next election.