BINGHAMTON, N.Y. (WIVT/WBGH) – The months-long saga over who should represent residents on Binghamton’s Southside is finally over as Mayor Jared Kraham has opted not to challenge City Council’s selection in court.
Kraham insists that he would prevail in his battle over the 6th district seat but doesn’t think another legal battle is in the interests of the taxpayers. He says his legal counsel predicts it would take several months and tens of thousands of dollars.
November’s election ended in a tie between Republican incumbent Phil Strawn and Democratic challenger Rebecca Rathmell.
Both Kraham, a Republican, and the other six Council members, who are all Democrats, claimed they had the authority to appoint an interim, so the issue went to court.
State Supreme Court Justice Joe McBride ruled that Council has the power to appoint but that a 2002 local law requires that Council choose someone from the same political party as the person vacating the seat and therefore a Republican.
Kraham says the Democrats broke with years of precedence by not accepting Strawn, the nominee put forward by the local Republican party.
Instead, they chose Michael Kosty, a registered Republican living in the district.
Kraham questioned the ties between Kosty and the Democrat, pointing out that Kosty made a $90 donation to Councilman Michael Dundon’s campaign last August.
“It makes very, very clear that Mr. Kosty is an independent member of the Republican party. He was not chosen because City Council believes he’s the most qualified Republican to serve the residents of the City of Binghamton. Remember, Phil Strawn is a former City Council President, a longtime Southside homeowner and a financial officer for a large local non-profit. Instead, Council appointed Mr. Kosty because he serves the political agenda of those who appointed him,” said Kraham.
Democratic Majority Leader Kinya Middleton says Kraham’s suggestion that the appointment and the donation are connected is outrageous.
She says there was no way of knowing last August that this situation would occur.
Middleton says it was the Mayor who took this to court initially, wasting taxpayer money when he knew he had no right to make the appointment.
“We never, ever wanted to go to court from the beginning. There was never a case from the beginning. He knew that he had no right to appoint anyone. From the beginning, he knew so there was no case. Also, with everything that we just did, we sought out legal advice, we did everything in good spirit. Most importantly, we’re always trying to put the people of Binghamton first, so that is our main goal,” said Middleton.
A special election is already planned for November to fill out the remaining three years of the term.
Despite all of the rancor, both sides say they are still willing to work with the other to accomplish their legislative priorities.