Monday, February 28, 2011

Judge Throws Out Mayoral Lawsuit

Judge John Ark has dismissed the lawsuit challenging appointment of Carlos Carballada to act as Mayor and challenging City Council's setting a Special Election.

While we've been against a special election all along, favoring instead a general election in the fall, thereby permitting meaningful voter input, we think the judge got it right.

We can't evaluate the legal reasoning, but as a policy outcome it makes sense:   somebody needs to be in charge.   To have ruled against the Carballada appointment would have left Rochester in a leaderless limbo until the outcome of the special election is known.

And while this is a problem brought on by the feverish political manipulations of County Democratic Chairman Joe Morelle, it's a problem nonetheless, that needed remediation.

Once everything is settled, the City needs to amend its Charter to clean up the ambiguities revealed by the current situation.   Pending that, Judge Ark enables the administration of the City's business to proceed in an orderly way.

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