LAUREL HILL — Councilman Johnny James has an opportunity to regain the seat that became questionable after he discovered he didn't actually live within city limits.
The City Council voted 3-1 to grant him time to apply to annex his property into the city.
Though the vote requires James to step down from the council, newly sworn-in council members Debra Adams and Daniel Lane spoke in favor of reinstating him after annexation. That would follow the wishes of voters who twice elected him to office, they said.
James' residency has been under question since November 2014, when it was discovered that his home was not annexed into the city along with other properties across the street in the 1960s, as originally thought.
Newly seated Councilman Scott Moneypenny initially moved to have James forfeit his seat in accordance with the city charter.
Adams resisted, saying, "an error was made some time ago… There was no malicious intent on Mr. James' part."
City attorney Dan Campbell said whether James retains his seat is up to the council.
"You file a petition to be annexed in," Campbell advised James. "It's up to the city council to vote to let you, and after that they can vote you back on the council."
When Moneypenny's vote failed on a 2-2 tie, Adams proposed keeping James' seat open until he could complete annexation.
"We cannot break the law," Moneypenny said, noting the three new council members had just sworn to uphold the laws of the state and the city charter.
"I'm not saying we break the law," Adams said. "I'm saying we remove him now, we annex him in, then we bring him back in like the voters say."
"I think you have an opportunity to correct a mistake," her husband, Mayor Robby Adams, said. "There were 86 people who voted for him. How do you tell those people their vote didn't count?"
"I think the mistake needs to be righted and not throw him (James) out the door," Lane said to audience applause.
Debra Adams then moved to have James take a leave of absence from the council, have his property annexed upon his request, and then have him eligible to be reappointed to his seat.
The motion passed 3-1, with Moneypenny voting nay.
This article originally appeared on Crestview News Bulletin: Laurel Hill councilman offered chance for annexation and reinstatement