Marsh resigned suddenly in September, too late for the city to have a special election. Instead, a majority vote by the council was needed to fill the seat. The council held two votes in a row on James Doyle. Doyle was supported by four remaining members of the council who were allied with Mayor Dawn Zimmer. The four other council members are political opponents of Zimmer.
However, one council member was missing on the night of the vote (Oct. 3), and another member abstained. A majority of the remaining council members supported Doyle, and he was sworn in.
But he was consequently pulled off of the council weeks later when a lawsuit was filed by council members Beth Mason, Tim Occhipinti, Michael Russo and Theresa Castellano. Judge Bariso said that a five-person majority was needed.
Now, all eight remaining council members are ordered to be present at Wednesday’s council meeting and re-vote.
According to a city press release, another hearing will be held on Jan. 2 to determine whether or not Wednesday's vote is sufficient for Doyle to be appointed to serve the remaining balance of Marsh's term, which expires Dec. 31, 2013.