Bannon back at work in Carbondale City Hall, but critics may challenge that
Jun. 9—Carbondale mayoral candidate Michele Bannon has returned to her city clerk job, despite a home rule charter provision that forced her to take a leave of absence as she runs for office.
With Bannon winning the Democratic and Republican nominations for mayor in the May 16 primary election, city council allowed Bannon to resume her role this week based on a legal opinion by city Solicitor Frank Ruggiero, Council President Joe Marzzacco said.
"The race is virtually over," Marzzacco said.
She defeated challenger Maria A. Lawler by a more than 2-to-1 margin to win the Democratic nomination. She won the Republican nomination with 161 write-in votes to Lawler's 146, according to official election results.
The charter says: "Any city employee who files a petition for election to a partisan political office and does not withdraw the same by the last day for withdrawal of said petition shall be required to take a leave of absence for the duration of the campaign."
Voters will formally elect a mayor in the Nov. 7 municipal election. At the moment, Bannon will be the only candidate on the ballot.
Ruggiero said that's the point. Because Bannon is unopposed, there's no longer a "partisan political" election, he said.
That could change. Under state law, third-party or independent candidates may file nominating papers before Aug. 1. If that happens, Bannon would again have to take a leave of absence, Ruggiero said.
Bannon was paid during her leave. In an email, she said she used vacation time. She referred other questions to Carbondale Mayor Justin Taylor. Taylor confirmed Bannon used vacation time. He said the city could not have forced Bannon, a union employee, to take unpaid leave.
Marzzacco said the charter does not forbid paying someone during a leave of absence. Calling Bannon "indispensable," he said her forced leave only hurt the city. He criticized people who raised the charter issue.
"It was just meanness," he said.
Republican City Council candidate Bob Farber, who raised the issue before the election, said Bannon's return to work shouldn't have happened. A write-in candidate could always emerge, raising doubts about Ruggiero's analysis, he said. He and other critics might challenge the move in court, he said.
"The solicitor can't overrule the city charter," Farber said. "They treat the city charter like it's a speed limit, like it's a suggestion."
Taylor said he hopes no one challenges the decision because Bannon is so important to day-to-day operations and goes out of her way to help anyone who calls, even people who don't live in Carbondale and seek the city's help. During her absence, he had her phones forwarded to him.
"I'm ready to lose my mind, the amount of calls she gets," he said.
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