FALL RIVER — The City Council has filed a complaint in Bristol Superior Court seeking confirmation on the validity of its Sept. 10 vote to temporarily remove embattled Mayor Jasiel Correia II from office.
According to a statement provided by the council Tuesday, the filing comes in response to Correia refusing to step away from his duties as mayor despite the council’s 8-1 vote.
“The Council, while disfavoring the expenditure of municipal resources in what is already a turbulent time for the City, filed this action to safeguard the City, its finances, residents, visitors and businesses,” the statement reads. “Following its vote, the Council has endeavored to allow Mr. Correia an appropriate period to prepare for the smooth transition of government, providing him with every opportunity to do what is best for the city.”
Correia is under indictment on 24 federal charges. The first 13 came down from the U.S. Attorney’s Office last fall, when Correia was arrested for allegedly defrauding investors in the smartphone app company, SnoOwl, he started before being elected mayor. The 11 latest charges came earlier this month, when Correia was arrested for allegedly extorting over a half-million dollars from cannabis companies trying to locate in Fall River.
According to the council’s statement, councilors have also filed a motion for a preliminary injunction that would require Correia to comply with the council’s vote removing him from office and to relinquish the duties of his office until a full hearing can be held.
“Mr. Correia has not challenged the Council’s Order in court, requested additional time to provide for transition, or otherwise sought to come to a reasonable agreement with the Council about how to proceed in light of these significant allegations against him and members of his staff,” the council’s statement reads. “Instead, Mr. Correia, even after the Preliminary Election, continues to flout the legal authority of the Council, and, perhaps, just as important, acts in complete disregard for the best interest of the City and its residents.”
There has been some question as to whether the council can legally vote Fall River’s mayor out of office.
When councilors sought to oust Correia after his October 2018 arrest, city Corporation Counsel Joseph Macy said the part of Fall River’s charter that councilors were using to support their ability to vote out the mayor referred to medical issues, not criminal ones.
At the time, he told The Herald News that the charter “would not appear to apply to the current situation.”
This point was echoed by Steven Camara, the only councilor to vote against removing Correia earlier this month.
Despite the council’s Sept. 10 vote, Correia was back on the job less than 12 hours later, telling reporters at a press conference that he would not sign off on the council’s order for him to step down.
Correia’s claim that the council’s action required his signature was quickly challenged by Council President Cliff Ponte, who said the claim was untrue.