A Times Editorial

Vice mayor is best legal, logical route

© St. Petersburg Times, published August 3, 2000

Port Richey's City Council should name a new vice mayor.

Not because a mayoral candidate thinks it's fair. More appropriately, it would signal that a City Council majority is taking seriously the criminal inquiry of Acting Mayor Robert Leggiere.

Leggiere had been vice mayor until June when Mayor Eileen Ferdinand resigned to run for Pasco County Commission. Under the Port Richey Charter, Leggiere assumes the mayoral duties until the Sept. 4 election.

The Charter also states "The Council seat vacated by the vice mayor shall be filled immediately."

Leave it to Port Richey city government to find ambiguity in the word "immediately." City Attorney Paul Marino said the council does not need to fill the vice mayor's position. Leggiere, the city's top elected official for now, agrees, saying the appointment would be irrelevant since the election is fast approaching. He maintains mayoral candidate Eloise Taylor made the suggestion purely for political reasons.

We don't believe Taylor's position is political, particularly considering her former role as city attorney. However, we disagree with her suggestion that Leggiere also rethink his departure date. Leggiere's resignation is effective after the election. State law requires him to resign the council seat to run for mayor, but under the City Charter, the council may not consider filling the vacancy until it actually exits. In other words, the council will fill Leggiere's council opening, not the electorate, after the Sept. 4 election.

If Leggiere alters his departure date, the city will be stuck with the cost of a special election. Ferdinand timed her resignation so the supervisor of elections picked up the tab in conjunction with the September primary.

The possibility exists that Leggiere could lose the mayoral race, but be reappointed by a council majority to fill his own vacancy. That is something for which the council will have to weigh the political consequences.

In the meantime, Leggiere and council members Tom Brown, Joe Menicola and Pat Guttman should look beyond politics and focus on the legal landscape. Police Chief William Downs is investigating Leggiere's relationship with the city building department.

Leggiere acknowledges running interference for constituents, but says he did nothing wrong. Brown and Menicola have offered endorsements of Leggiere even though they do not know the extent of Downs' inquiry.

Naming a vice mayor -- Brown would be an appropriate choice -- tells the community the council comprehends the seriousness of the allegations and recognizes the possibility the vice mayor may have to assume the top position if charges are filed.

Additionally, it would demonstrate a clear respect for the City Charter, something desperately missing in this city and most vividly illustrated by the tolerance for Leggiere's meddling in the city's day-to-day operations.

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