Mahoning Democratic Party Chairman Dave Betras has filed a motion to dismiss a lawsuit filed by a resident alleging that Youngstown doesn't actually have a mayor. 

In June, a lawsuit was filed in the Ohio Supreme Court arguing that even though Youngstown Mayor Jamael Tito Brown has been acting as mayor of the city, the position is technically vacant.

A complaint filed by school board member, and Youngstown city resident, Dario Hunter, asks the court to force the Mahoning County Democratic Party Central Committee and Party Chairman Dave Betras to begin the process to fill the position of Youngstown City Mayor. 

The suit claims that because Mayor Tito Brown did not have a certain faithful performance bond before he took office, Ohio law dictates that the office is considered vacant. 

The lawsuit states that according to Youngstown's Codified Ordinances, the city's mayor, finance director, and law director must be covered by "faithful performance bonds" of $100,000 each. 

A faithful performance bond is described by insurance agents as a policy that ensures the holder against claims or allegations resulting from failing to perform the duties of their job position. 

Hunter argues that since Mayor Brown failed to have the faithful performance bond before taking office on January 1st.

Betras' formal motion to dismiss the lawsuit states, "Dario David Hunter's claims against the Mahoning County Democratic Party Central Committee and David Betras must be dismissed because the Amended Complaint fails to state a claim. Hunter has no clear legal right to have Respondents appoint a new mayor because there has been no legal declaration that the office is vacant."

As of Thursday, the Ohio Supreme Court hasn't decided if it will hear the case.