Binghamton mayor won't pursue legal action in city council seat dispute: What to know

An ongoing dispute over Binghamton City Council's Sixth District seat has hit a pause.

At the Tuesday morning press conference, City of Binghamton Mayor Jared Kraham said he would not be pursuing further legal action against City Council following their appointment of Republican Michael Kosty to the seat on March 22.

Kosty's appointment came as a surprise to many after a decision by Broome County Supreme Court Judge Joseph McBride the previous month reinstated incumbent Philip Strawn as interim representative of the seat.

In the decision, which set out to determine who is responsible for appointing a representative in the case of a tie, McBride ruled while City Council was responsible, they must elect a representative of the same political party as the previous representative and must do so in consultation with the chairman of that party.

What happened in District 6?

A tied race for the seat between Strawn and Democrat Rebecca Rathmell ultimately resulted in both candidates being appointed as sixth district representatives — Kraham appointed Strawn, City Council appointed Rathmell.

The dispute went to court, and McBride ruled a temporary appointment must be made in consultation with the chairman of the Republican Party. In the meantime, Strawn would serve as an interim representative.

At the March 22 special business meeting to appoint a representative, City Council members did not make any motion to appoint Strawn, who had been named the chosen candidate by the Broome County Republican Executive Committee. Instead, the board named Michael Kosty, a resident of the sixth district registered with the Republican Party.

At the meeting, Strawn urged members to reconsider, saying not appointing him would be in violation of a court order. Multiple members disagreed, with Seventh District representative Michael Dundon and Strawn engaging in heated debate.

A special election for the sixth district seat will be held in November.

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Kraham said Kosty's appointment is concerning, and in violation of the law. However, he said further legal action would take months, and with a special election only months away, would ultimately be a waste of taxpayer money.

"With the special election just months away, I am stepping in to end this circus," Kraham said. "Residents have made clear that they are sick and tired of this issue, and that they want City Council to get back to work."

Kraham referenced two examples of previous City Council appointments to vacant seats — the appointment of Sophia Resciniti in 2018, and of Justin MacGregor in 2016 — when members unanimously elected the sole representatives provided by their respective party chairs, which Kraham said sets a clear precedent.

"The City Council appointment of Michael Kosty was a clear and willful violation of a court order," said Kraham. "It was unlawful, irresponsible and in contempt of Judge McBridge's ruling on the process of filling the sixth district seat."

Kinya Middleton, who represents the city's Second District, said the decision to appoint Kosty was made in accordance with McBride's order.

"We did everything we were supposed to do and followed the law," said Middleton. "For every single one of us, every decision we make is always with good will, good intent and puts the people of Binghamton first. We know that there is going to be controversy, but we always put Binghamton first."

Kraham said a $90 donation Kosty made to Dundon's campaign in August 2023 proved Kosty "was not chosen because City Council believes he is the most qualified Republican to serve the residents of the City of Binghamton."

Strawn, who plans to run in the November special election, said the decision was unethical and in violation of the intent of McBride's decision. He said he was always willing to work alongside City Council, and despite being from an opposing party, was reasonable and respectful. Strawn referenced his years on City Council as well as the 550 votes he received for the position, and said he had the right experience for the job.

In a statement on Wednesday, Rathmell said City Council’s actions did not violate the judge’s order and Kosty was “appointed accordingly.” Rathmell said she plans to run in the November special election for the seat.

"My commitment to this community has never wavered," she said in a statement. "My resolve to win for the Southside in November remains."

Middleton said Kosty, who could not be reached for comment, is not interested in running for the seat in November.

She said City Council is excited to continue their work and leave this controversy in the past. She referenced issues she finds important in the city, including the opioid epidemic, and said City Council is focused on coming up with clear, effective solutions for the problems facing city residents.

"I want the people of Binghamton to know that we really care about them and want to continue to work for them," said Middleton. "There are so many things that we are very concerned about, and we really want to make Binghamton better. I want to get past this and continue doing what the people in my district elected me to do."

This article originally appeared on Binghamton Press & Sun-Bulletin: Binghamton City Council latest: Mayor won't pursue legal action