As Buffalo Mayor Byron Brown negotiates a contract to potentially become the president and CEO of Western Regional Off-Track Betting and leave his current post, Buffalo Common Council members are trying to anticipate the impact it could have on their body.

A resolution was discussed Tuesday to explore whether the council could appoint a temporary member should the council president become acting mayor.

The Western Regional Off-Track Betting Board plans to vote on terms of a contract to offer Brown next week. Should he then accept that offer, he could resign as mayor as soon as the end of the month.

Common Council Majority Leader Leah Halton-Pope submitted the resolution requesting a formal written opinion from corporation counsel about procedure should there be a mayoral vacancy.

"I have no idea what the corporation counsel is going to draft, which is why I asked for a formal legal opinion," Halton-Pope said. "That's not me trying to influence one way or the other. It's asking for something in writing, what we can do, cannot do, should do or should not do."

The city charter is clear in the event of a mayoral vacancy. Common Council President Chris Scanlon would assume the duties of acting mayor, but it is more ambiguous about what should then happen with that member's seat.

Fillmore District Member Mitch Nowakowski, a Democrat, agrees there needs to be clarity.

"We need an opinion that separates the sections of the charter, what they mean, how to interpret them and then how they interact with one another because right now the language is vague and is open to interpretation and we can't have a charter crisis," Nowakowski said. "We need to have some order here and we need to know exactly what that means."

Nowakowski, however, objected to Halton-Pope's resolution because it was filed late.

After a formal process, the council president ruled to allow the resolution and the body sent it to committee rather than voting on it.

Nowakowski said he has concerns with what he believes are inaccuracies in the resolution and a request for corporation counsel to also draft an amendment allowing the appointment of a temporary member.

"I don't know how you appoint someone temporarily council member for a day and give them the full rights and privileges and powers of an elected council member during that time. It doesn't make sense," Nowakowski said.

Halton-Pope said an appointed temporary council member wouldn't be for a day but rather, well over a year.

The body could have only eight members and a district could be without representation.

With some divisions forming already, Spectrum News 1 asked whether a majority could even agree on a person to appoint.

"I'm not sure. I think that depends on the candidates that come forward if, in fact, corporation counsel agrees that there's a necessity," Halton-Pope said. "If they don't, I just want something on the record."