Elmira Councilman Absent From Meetings Since July 2021

[TTL News 313]

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An Elmira city councilman’s absence is causing a stir in Chemung County.

The Chemung County Democratic Committee is calling for the resignation of Elmira City Councilman Tory Kitching, a 5th District Republican who has not attended a city council meeting since July due to work conflicts.

“The people of his district expect a representative to listen to their concerns and share them in the city council. He’s not doing that,” said Dora Leland, Chemung County Democratic Committee Chair. “Worse yet, he’s collecting a paycheck from the taxpayers of the City of Elmira for work he’s not doing.”

The Democratic Committee is urging Kitching to resign effective immediately and allow Elmira Mayor Dan Mandell to appoint another Republican to the 5th District seat.

 

See the rest here.

You weigh in: Should Kitching step down?

[MsKreed 1,198]

Council member says:

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“The people in his district are very frustrated,” said Leland. “They’ve been trying to reach out to him. Quite frankly, although I respect Mayor Mandell, I think he should have handled this awhile ago.”

Mayor’s office says:

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Mandell said the mayor’s office is limited in its power over the actions of city council members. As long as Kitching maintains a residence in the 5th District, he is answerable only to the voters of the 5th District when his term expires in 2023.

“The bottom line is he’s an elected official. He doesn’t have to show up to meetings, he doesn’t have to go to council meetings. There’s nothing that compels him to do that,”

The  Elmira City Charter  seems to say they both may be incorrect.....it seems to indicate that it’s not the mayor, but the council itself, that has the “power to compel attendance” and to  order the cops to haul him in.

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Sec. 23. - [Rules of common council.]

The common council shall determine the rules of its own proceedings and be the judge of the election and qualification of its own members, and have power to compel the attendance of absent members from time to time by the entry of a resolution and order in the minutes, directing the chief of police, or any police officer of the city, to arrest such absent member and take him before the common council, at the meeting at which such member was absent, or the next or some subsequent meeting of the council, to answer for his neglect; to prescribe the duties of all the officers and persons elected or appointed by them to any office or place whatever, subject to the provisions of this act; and to remove all officers and persons appointed or elected by them for any neglect of duty or misconduct; and to revoke or cause to be revoked any license or permission given under this act.

Am I reading that wrong? 

Edited November 22, 2021 by MsKreed

[Hal 342]

Really ? C’mon now , does anyone really expect an elected , or for that matter appointed official , to actually do that job to which they are elected or appointed ?! 
 

[KarenK 384]

3 hours ago, MsKreed said:

Council member says:

Mayor’s office says:

The  Elmira City Charter  seems to say they both may be incorrect.....it seems to indicate that it’s not the mayor, but the council itself, that has the “power to compel attendance” and to  order the cops to haul him in.

Am I reading that wrong? 

I'm reading it the same way.  Personally I think he should do the right thing and resign if he isn't able to do the job he was elected to.

[Zapp Brannigan 139]

11 hours ago, KarenK said:

I'm reading it the same way.  Personally I think he should do the right thing and resign if he isn't able to do the job he was elected to.

Also pay back any benefits he may have received from that position since July. 

[Chris 2,196]

Yeah, while I'm sure he's accessible to constituents and is able to Zoom in for the meetings, he's not possibly able to carry out his duties effectively and should resign. 

[Chris 2,196]

17 hours ago, MsKreed said:

Am I reading that wrong? 

That's how I'm reading it too.