Buffalo Common Council looking for ways to fill vacant seats if Mayor steps down

BUFFALO, N.Y. (WIVB) — Attention remains focused on city hall as speculation grows regarding the timing of Mayor Byron Brown’s potential resignation to assume the leadership role at Western Regional Off-Track Betting.

If he does, Buffalo common council president Chris Scanlon will assume the role of acting mayor of Buffalo. However, it remains to be determined who would then represent Scanlon’s district.

Councilwoman Leah Halton-Pope raised that very question at Tuesday’s council meeting, where she emphasized the need for a concrete plan in light of impending leadership changes at city hall. She pointed out that while the city’s charter addresses vacancies, it does not account for temporary ones.

“There’s no definition there,” she said. “We need to probably figure out, is this something that can be addressed.”

On Tuesday, council majority leader Halton-Pope submitted a resolution requesting the city’s corporation counsel to explore options for possibly filling Scanlon’s seat.

“Is this something that’s answered in the charter already, or do we need to put together legislation or an amendment to the charter?” she continued.

The resolution calls for the South District seat to be filled, rather than remain vacant through the next year, to ensure that essential city functions continue.

“I’m concerned,” Halton-Pope said. “We have not been with a 16-month vacancy at all on the council.”

Councilman Mitch Nowakowski informed WIVB News 4 that there technically wouldn’t be a vacancy if Scanlon becomes the acting mayor.

According to article 4 of the city charter, once the current mayoral term expires, the council president—serving as mayor—will complete the term of their original position. This means that Scanlon, if he chooses not to run or doesn’t win back the mayoral seat, would still have two more years left as a council member.

The city charter says the remaining members of the common council would appoint one of their own to fill the president vacancy—a local law that was approved by voters in 2002, leaving the council with an even number of members.

“To me, what it means is that we’ll have to work together and come to a compromise and work amongst each other to get 5 votes,” said Nowakowski. “We need to do things democratically. We need to do things transparently, and we need to do things that are fair and not tailored to one situation. These laws are meant to pass the test of time.”

The resolution requires the corporation counsel to draft a proposed amendment to the city charter by Oct. 1, or to clarify for the council whether the charter already addresses the vacancy issue.

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Dillon Morello is a reporter from Pittsburgh who has been part of the News 4 team since September of 2023. See more of his work here and follow him on Twitter.

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