It ain’t over ‘til it’s over.
The New York City Council’s general counsel on Monday recommended against certifying the Republican caucus’ Jan. 28 vote installing Council Member David Carr as minority leader, a council source confirmed.
That means a new vote will be taken – one that could very well end with Council Member Joann Ariola as victor instead of Carr.
Former Minority Leader Joe Borelli stepped down to take a job in the private sector last week. Before he left the council, he held a vote on who would succeed him. Ariola, along with Council Members Vickie Paladino and Kristy Marmorato, didn’t show up, and the three other members of the caucus unanimously elected Carr.
Ariola, who had been angling for the role herself, disputed the result on the grounds that only three members of the then-six-member caucus had been present and therefore did not have a quorum. Carr, along with Borelli, insisted that the caucus’ bylaws do not require a quorum and that a formal meeting need not be called. Ariola, along with Paladino and Marmorato, wrote a letter to Council Speaker Adrienne Adams, asking her to hold off on recognizing or acting on the vote and that the matter be reviewed by the council’s parliamentarian and general counsel.
According to Ariola, the council’s general counsel agreed that because there was no quorum, the three-person vote for Carr was not valid and could not be accepted. A copy of a letter on the matter shared with City & State by the council confirms this: Though the caucus rules are “silent” on whether a quorum is required for the vote, the letter says, “Robert’s Rules is not.”
With Borelli gone, the caucus shrinks to five members, leaving only Minority Whip Inna Vernikov and Carr voting for himself. With the support of Paladino and Marmorato, Ariola appears to have the votes to win should a new vote occur. Asked about whether she expected to win, Ariola said, “I never ever expect – I am hoping that I have the votes … but certainly, the math is in my favor.”
And though it may be a little like choosing a monarch for the world’s smallest kingdom, Carr is not going down without a fight. He said he “strongly disagree(s)” with the council’s counsel on the matter and plans to convey to the speaker and the caucus his arguments “explaining how (he) is confident that we followed all the applicable rules” in his election.
Ariola said the caucus is working to find a time for a new vote “as soon as possible.”
Clarification: After publication, the City Council shared a copy of the letter from its attorney on certifying the vote. This story has been updated to reflect that it was the council’s attorney that recommended against certifying the Jan. 28 vote, not the speaker.
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