Council votes to retain Keogh

Although she was elected by acclamation to a Ward Seat on the Whitehall Town Council in October, it appears Katy James may not serve on the governing body when new members are sworn in the first Monday in January.

At a meeting Monday night, the Whitehall Town Council voted 4-1 to have current Ward 1 Council member Gerry Keogh remain in the position. Keogh was selected by the Council to fill the term of Michelle LaFountaine, who resigned from her position in December of 2015. Council member Tom Jenkin was the dissenting vote.

The discussion Monday started with Town Attorney Ed Guza stating the Council needs to discuss the matter of James sitting on a Ward 1 seat in January of 2018, when she does not live there, and is instead a resident of Ward 2.

James said the Jefferson County Clerk told her and Recorder that she lived in Ward 1, and also stated someone would have to challenge her seat. James said it was her understanding after talking with Jefferson County Attorney Steve Haddon that the seat is not vacant.

Guza said the bottom line is that at this election someone was elected that was not qualified.

Guza said you can legally file to run in a ward you don’t live in, but under state code, 60 days prior to the election you must reside in the ward you are running in -- and that didn’t happen.

Guza said that elections and qualifications work together, with one not controlling the other. He said James was elected, but there is still the component of qualification. Guza asked James what she would want to see from the town to show her that she is not qualified.

Council member Joe Adams said Keogh should fulfill the term to Dec. 31, and it is his understanding and since there is not a qualified candidate, there would be an open seat for the new administration and they could go through the process of appointment. He said Keogh was appointed to fill out the term of LaFountaine, not the next term. Guza responded it is his interpretation of the sate law that Keogh would hold the office until someone that was qualified was elected, and that is why it is his interpretation that Keogh will stay until the next election.

Mac Smith said James has admitted she doesn’t live in the ward, she can’t take the office, and in the meantime it is the obligation of the council to fill the position the legal way they are supposed to.

Local resident Larry Feight said the law is the law and the law has to take precedence.

“That’s what laws are all about,” he said.

Questioned on why they are not waiting for the next administration to make the decision, Guza said the current Council is still the voice of this town and required to comply with the law and Keogh should continue in the position.

Guza said he invited both Jefferson County Attorney Steve Haddon and Election Administrator Bonnie Ramey to the Monday meeting, but they were not present.

Guza said he also contacted Haddon to get his opinion on the issue and has not received a response.

Local resident Jeannie Reinschmidt said James should have her day in court.

Guza said if James wants her day in court she is entitled to it, but did however state that ideally, she would just resign and release the cloud from over the town.