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Buffalo Common Council exploring ways to change city charter and fill vacancy created if Mayor Brown steps down

Right now the city charter has no mechanism in place to allow the council to fill a district seat if Brown steps down and Council President Scanlon ascends to Mayor.

BUFFALO, N.Y. — Depending on who you ask, it's not a matter of 'if' Mayor Brown accepts the job at the Western Regional OTB, but when. 

With that said, Council Majority Leader Leah Halton-Pope is officially asking corporation counsel to provide an opinion that gives the common council options for filling a district seat if the Mayor steps down. 

If Mayor Brown steps down, South District councilmember, and current council president, Chris Scanlon would ascend to the role of Mayor until the end of 2025. A new mayor will be elected in November 2025. 

If, or when, Mayor Brown steps down, Scanlon's ascension to the city's top job will leave his district without representation. 

Majority Leader Halton-Pope submitted a resolution for Tuesday's council meeting asking corporation counsel for options. 

"This is a conversation started probably [in] November, and then once I got sworn in, I started sharing that with my colleagues as well," Halton-Pope said. "Just asking questions."

This perfect storm was actually created in 2002 when city lawmakers eliminated the three 'at-large' councilmember positions. Historically, an at-large council member was selected as council president. 

With the elimination of the three 'at-large' council seats, lawmakers unknowingly created the potential scenario we are seeing play out at city hall right now — a Mayor likely stepping down and creating a district without representation. 

"I asked if they could at least start the process of drafting something informally that we can look at and decide whether or not, this is something we can do or cannot do," Halton-Pope said. "Now I've put in a resolution form because time is of the essence."

While there hasn't been a formal announcement regarding Mayor Brown's resignation, Halton-Pope said there is a sense of urgency for the council. 

The three main items in the resolution include:

  • Directs Corporation Counsel to provide a formal written opinion regarding the procedure to be followed in the event of a mayoral vacancy and file this opinion with the Council immediately;
  • Directs Corporation Counsel to draft a proposed amendment to the City Charter by October 1st, 2024, to ensure that in the event of a mayoral vacancy, any district council seat vacated by the Acting Mayor shall not remain unrepresented, and that proper procedures are in place to appoint an Acting Council Member for the duration of the vacancy;
  • The Common Council urges immediate action on this matter to ensure that every district in the City of Buffalo remains fully represented in the event of a mayoral transition, so that the critical needs of the City, including infrastructure, budgeting, and quality of life issues, are addressed without interruption;

The resolution is on Tuesday's council agenda, and is expected to be addressed by lawmakers. 

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