BUFFALO, N.Y. -- Under Buffalo's city charter, Common Council President Chris Scanlon will assume the duties of acting mayor until the end of 2025 after current Mayor Byron Brown resigns.

Because Scanlon's council term runs through the end of 2027, he could return to his South district seat when his mayoral duties end. The dual but conflicting roles led to Council Majority Leader Leah Halton-Pope introducing a resolution asking the city's corporation counsel to submit a formal opinion on succession and if the council could temporarily appoint a member to represent South District in the interim.

"The question would be, should a district, any district in the city of Buffalo be without representation and my answer to that is no, absolutely not," she said.

During Tuesday's meeting, the council approved the resolution but three members did object. Member Mitch Nowakowski said in a confidential memo the attorney already opined an appointment would violate the charter.

"It was clear to me after reviewing that correspondence that we cannot fill the seat because the seat is not vacant," Nowakowski said.

Nowakowski also has concerns Halton-Pope's resolution asked the attorney to draft legislation allowing the council to fill the seat regardless of the opinion.

"We have to be very careful where we don't fall into an emotional appeal and then do something as a body that we're not legally allowed to do. That would not be prudent, not be wise and not be a good mark for a legislative body," Nowakowski said.

Halton-Pope said drafting a resolution does not make it law or something the counsel even needs to vote on. Meanwhile, Nowakowski and Halton-Pope are co-sponsors of another resolution passed Tuesday to empanel a charter review commission.

The goal of the 13-appointee commission would be to return proposed amendments to the council by July 1, 2025 which members could then approve for a citywide referendum vote in November.

"I'm recognizing that there's a problem," Nowakowski said. "I don't want this to ever happen in Buffalo's history again."

Scanlon on Tuesday did express concerns about serving both as South District council member and mayor. According to a source, the memo indicated he would not be able to vote as a member while acting mayor.

On Monday, however, he did promise his current constituents would not suffer.

"I have full confidence that myself and the staff that is in the South District will meet those constituent requirements and those constituent needs," Scanlon said.

The council also allowed member Rasheed Wyatt to introduce a late resolution that, if approved, would ask the attorney to release the confidential memo.