A Broome County Supreme Court judge has issued a ruling in a contentious lawsuit between Binghamton’s mayor and the city council over a disputed council seat.
Republican Mayor Jared Kraham and the Democrat-led city council both argued they had the authority to fill the 6th District council seat after a tied race in November.
Kraham appointed the incumbent Republican Council Member Phillip Strawn to the seat in early January. Shortly after, council members appointed Rebecca Rathmell, the Democratic challenger, to the same seat. Rathmell and Strawn tied in last year's general election with 550 votes each.
In his decision Tuesday, Justice Joseph McBride said the city council technically has the right to appoint the seat. But he said under the city charter, a vacant seat must be filled by a member of the same party as the representative who left, until a special election is held.
“The Court finds that City Council's appointment of Rebecca Rathmell as Councilperson for the 6th District was arbitrary and arrived at a manner inconsistent with its own regulations and therefore not supported by a rational basis,” McBride wrote.
McBride ruled Strawn should take the seat as the "holdover" council member.
Council Member Kinya Middleton wrote in a response to the decision that the council is reviewing its legal options, including an appeal. She reiterated the argument the council’s attorneys made in court, that given city redistricting, the charter’s rules over vacancies do not apply.
“We agree with Judge McBride that the charter prevails, but we maintain that a holdover does not exist in this case. Due to redistricting in 2023, the 6th District in no way reflects its previous boundaries,” Middleton said.
In a statement, Mayor Kraham said the court order “delivers clarity to this matter.”
“Councilman Strawn will continue to serve the South Side well, bringing a bipartisan approach to problem solving and delivering results for residents,” Kraham said.
In his decision, McBride said under the city charter, the council must consult with the chairman of the local Republican Party to make its appointment. Broome County Republican Committee Chair Benji Federman said the committee will convene to choose an appointment and then send their recommendation to the city council.
“Broome County Republican Committee actually has a process to follow where we will convene our executive committee and then ultimately present the name and we will, as an executive committee, choose somebody to fill that role now. I think Phil Strawn is a strong and logical choice for that role,” Federman said.