Roger Farinha
By SUE SUCHYTA
Times-Herald Newspapers
HEIGHTS – Using a provision the City Council believes is granted by the city charter, the body voted April 23 to reappoint Assessor Kimberly Comer and not reappoint Corporation Counsel Roger Farinha.
Mayor Bill Bazzi and Farinha assert that the council is wrong in its interpretation of the charter, and insist Farinha remain as counsel.
Councilman Hassan Ahmad introduced the motion whether to accept Farinha as city attorney, which was rejected 5-2, with Councilmembers Ahmad, Mo Baydoun, Denise Malinowski-Maxwell, Tom Wencel and Hassan Saab voting no, and Robert Constan and Nancy Bryer voting yes.
Ahmad said that the mayor should reappoint the assessor and corporation counsel and submit the names to the city clerk, which are then either approved or denied by a majority of the council.
Farinha said that under section 5.5 of the city charter, under the duties of the city clerk, it says the city clerk shall give the proper officials, like the mayor, ample notice of the expiration or termination of any contracts or agreements.
“That’s not been done,” he said. “That would be a prerequisite of what you are saying in 5.15. Before you go for expiration of the terms, you have to have notice.”
Special corporation counsel to the city council Gary Miotke said the city charter specifically states under 5.15 that department heads hold office at the discretion of the mayor provided that after the third Monday in April following the annual biennial city election they are reappointed to a new term.
He said sections 5.13 and 5.14, for the assessor and corporation counsel, must be approved by a majority of the council.
Miotke said that the mayor can appoint other directors without council approval, but if the council does not provide a budget for their salaries, then the mayor can’t pay them.
He also reiterated that since the assessor and the corporation counsel weren’t reappointed by the mayor per the charter, the city council needs to act accordingly.
“It comes down to your vote.” Miotke said to the council. “You want to take these issues separately.”
The council then voted on the assessor, reapproving Comer unanimously, and on City Attorney Farinha, with the majority of the body rejecting his reappointment.
Farinha, when reached by phone May 2, said he is the still the city attorney. Bazzi did not respond to a request for comment.