As Anita Davis takes over her new role as president of council in the city of Youngstown, her former seat as 6th ward councilwoman sits vacant.
Under the law, the Mahoning County Democratic Party and its central committee appoints her replacement, but the problem is that the committee can't get a quorum which is a majority of eligible voting members to make the decision.
"If that quorum is not available then the party is not in the position to make that appointment," Marc Dann, former attorney general and managing partner at Dann Law Firm said. "If the party chooses not to make the appointment or can't do it following the law, then the decision defaults to Youngstown city council," he said.
It's a matter that hasn't been an issue in nearly 30 years.
According to the Ohio Revised Code section 731.43(c), the party would have 45 days to make the appointment before it goes to council.
That means by February 15th it would be in council's hands but one council member said she doesn't want to take it out of the hands of the voters.
"I really do think that the Democratic Party by any means necessary needs to fill those spots so that the representation can come from the 6th ward and if that can't happen, then the board of elections needs to step in and provide some guidance on this," Samantha Turner, sixth ward councilwoman said. "But if legislators have to pick, that needs to be the very last resort," she said.
Turner adds, this lack of an appointment was a miscarriage of responsibility.
"The election was back in November. and this needed to be happening the next day," Turner said. "In this political climate, people need ot have a voice. They need to have representatives, they have to have a voice in who is advocating for them every single day," she said.
Another council member said the group would be ready to handle it.
"We've worked together under pressure before, we always seem to be able to put whatever differences we have aside to do what's best for the city so I have all the faith that this body will be able to appoint someone if it comes to us," Mike Ray, fourth ward councilman said.
Dann said council has the right to handle this however they want if it does come to them, even if that means holding a poll in to gauge who residents might want sitting in that vacant council seat.
If council does not make a decision, the responsibility would roll over to the mayor.