Schenectady Mayor Gary McCarthy is suing the City Council over its newest appointment.
Last week, the City Council appointed Justin Chaires in a 4-1 vote to fill a vacant seat on the all-Democrat body.
Mayor McCarthy, also a Democrat, vetoed the move immediately, but Chaires took an oath of office Monday and was sworn in by the council, regardless.
During a hearing in Schenectady County Court Tuesday, the city's attorneys argued on behalf of the mayor that the appointment should be overturned and rescinded.
Speaking outside the courtroom, McCarthy said the manner in which the council appointed Chaires was convoluted.
"They moved and seconded a blank document; you can't vote on something that does not have a name on it. They then had discussion about who they were going to put in, different names came up and they said they were going to with Justin Chaires, they then voted to move the resolution for Justin Chaires," McCarthy said.
The court also extended a temporary restraining order barring Chaires from being officially seated as a councilmember.
Despite the court's order, Chaires said he should still be allowed to serve on the council in an official capacity.
"It doesn't change how I move, one of the questions I asked I know I can't sit in the seat and vote on legislation but my understanding is at this moment, as we adjudicate, I'm still a councilmember as appointed. So I am going to be out here in the community doing what I do," Chaires said.
Attorneys representing the City Council and the mayor are due back in court Jan. 21.
