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4.7.2001 00:10
In this case, mayor can't take temporary leave from office
PROVIDENCE
-- After his arraignment on federal corruption charges yesterday, Mayor Vincent A. Cianci Jr. affirmed his intention to remain in office.
What are the mayor's options when deciding whether to retain or vacate his office?
While he could resign, there appears to be no explicit provision in the City Charter or city ordinances that would allow the mayor to leave office temporarily while the charges are pending.
The mayor can take a leave of absence if he is convicted of a felony and he is appealing his case. The city ordinance does not state whether a mayor would be paid during his leave.
The other circumstances that would allow a mayor to step aside temporarily would be if he "suffers a physical or mental illness or incapacity which makes it impossible for him to perform and exercise the powers and duties of his office."
The City Council becomes involved if the mayor is convicted of a felony. By a two-thirds vote, the council could suspend the mayor with pay if he is convicted of a felony and his appeals are pending.
Once those appeals are exhausted, the mayor would be legally required to leave office. In that case, City Council President John J. Lombardi would become acting mayor, and a special election would be held to decide who would succeed Cianci.
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