The hearing on the article 78 brought by Gordon Boyd on behalf of the supporters of charter change which was to occur tomorrow (December 20) has been postponed. In an article that will appear in tomorrow’s (December 20) Gazette Newspaper, Ann Friedman reported on an email she had received from Mr. Boyd. Boyd wrote: “The court has asked both sides to submit memoranda of law by January 8, after which the court will ‘consider when scheduling oral argument.’”
Boyd wrote, “it will be two months after the charter was voted on to have the next milestone with the court.” According to the Gazette Boyd complained “…the cancellation of the hearing is further hindering the transition of city government officials.”
I am not sure what Mr. Boyd is referring to. If passed in November, the proposed charter called for the mayor to appoint a transition team to work on a plan for the conversion of the city government from the “commission” form to the “city manager” form. As there will be a new mayor in January it is not clear what all this means.
It is also unclear when the court will actually hear the arguments. The two month delay Mr. Boyd referenced may be optimistic. Only after the court has reviewed the memoranda of both sides will a hearing be scheduled. The court had previously rejected Mr. Boyd’s requests for access to the records of the election so I assume his attorney will base his arguments on whatever information they have been able to glean elsewhere.
As the new form of government would not begin until January of 2020 there is still considerable time to address the issues of transition should Mr. Boyd prevail in his action and the recount allow his group to prevail.