Buffalo, N.Y. (WBEN) - The City of Buffalo is about to encounter a very rare instance of a potential district vacancy.
It involves whether Mayor Byron Brown will accept a position as President and CEO of Western Regional OTB.
If he does, Council President Chris Scanlon would serve as acting mayor, but it's unclear if anyone would be able to fill his current south district seat.
Because of the current political calendar, a special election cannot be scheduled.
"It's my belief that the city charter does not address the issue of a temporary vacancy," Ellicott District Councilwoman Leah Halton-Pope explained to WBEN. "This would be such an extended time, almost 14 months."
The only time this happened previously is when Mayor Frank A. Sedita resigned due to health concerns in 1973. At the time, Deputy Mayor Stan Makowski stepped into the office. Four years later, he was elected to a full term.
Fillmore District Council member Mitch Nowakowski told WBEN the only way to address it is through a public referendum.
"A charter revision is needed and it would have to go back on the ballot for city residents to vote on," Nowakowski said on Wednesday.
The earliest a referendum could go to voters is the fall of 2025. It would not happen in time for the expected upcoming South District vacancy.
Nowakowski explained why this is such a dilemma for the city.
"The way the charter is written, the Council President could choose to run for mayor next year, or, not to, or, lose, and still go back to the remainder of their term on the Common Council. So the temporary hook is kind of weird," he said. "Can you imagine if I left and appointed someone, and I lost the election or didn't want to run, and asked for my seat back?"
Mayor Brown hasn't resigned or given a date for a possible departure.
"We'll get through it," said a confident Nowakowski. "It's not really the charter that's prohibiting us from resolving the situation, it's the timing of the mayor leaving."