A disagreement between Binghamton Mayor Jared Kraham and newly-elected city councilmembers over who possesses the authority to fill a vacancy on Binghamton’s City Council has made its way to the Broome County Supreme Court.

In last November’s general elections, a tie between incumbent Republican Philip Strawn and Rebecca Rathmell, his Democratic challenger, in the sixth council district resulted in a “failure to elect.” On Jan. 4, Kraham appointed Strawn to fill the post until an eventual special election in November. The following day, the council unanimously voted to appoint Rathmell to the position. In clashing statements, both sides have acknowledged that the fate of the vacant seat will most likely be decided by a judge.

“This appointment ensures a continuity of constituent services and representation for [sixth] district residents until a special election can be held in November for the remainder of the term,” Kraham wrote in a press release. “The City’s Office of Corporation Counsel, general counsel for the New York Conference of Mayors and outside counsel for the City found the appointment authority in this ‘failure to elect’ situation rests with Binghamton’s Mayor under state law.”

Both candidates were present at the council vote that elevated Rathmell to fill the vacancy. Robert Cavanaugh II, who represents the third council district, cited Binghamton’s City Charter, which states that the power to fill a City Council vacancy rests with the council. Footage of the meeting showed Rathmell’s swearing-in after the vote and Strawn speaking with residents who attended the meeting to share his perspective.

Nate Hotchkiss ‘12, who represents Binghamton’s fourth council district, described why the council chose Rathmell after Strawn’s mayoral appointment.

“At the core of it, in our conversations with the Mayor prior to the appointments, [we] firmly believe that the City Charter gives us the authority to make the appointment in the case of a vacancy,” Hotchkiss said. “We think that a failure to elect results in a vacancy, and vacancies are handled by our City Charter. We’re in a home rule state, so our local law should supersede any state laws.”

Kraham’s original statement, released a day before the vote, said any appointment made by the City Council would be “unlawful” and “could lead to a costly legal dispute.”

On Jan. 8, Kraham and Strawn sued the council, its President Hadassah Mativetsky and its clerk Sarah Dinhofer in the Broome County Supreme Court, requesting an injunction preventing the council from interfering with Strawn’s appointment. On Wednesday, Judge Joseph McBride set further proceedings for Feb. 16.

“Respondents have nonetheless attempted to block [Strawn’s] lawful appointment, in derogation of their ministerial duties,” the complaint reads. “Among other things, [Mativetsky] and the city clerk purported to initially reject Councilman Strawn’s oath of office and certified appointment filings and Mativetsky refused to allow Councilman Strawn’s name to be recorded in the official book of appointed City officials.”

Hotchkiss expressed the council’s position on the dispute.

“To us it seems like a cut and dry legal situation,” Hotchkiss said. “We don’t think it will take the judge a long time to come to a conclusion … We don’t anticipate it dragging out. Based on whatever the judge says we’ll either honor [Rathmell’s] appointment or the mayoral appointment. We’ll just have to live with whatever decision comes.”