Cypress : City Council Refuses to Swear In Candidate

The City Council on Monday night refused Walter Bowman’s request to be sworn in to fill a vacant council seat--despite a threat from Bowman’s attorney that he will sue to force the action.

Lawyer Andrew V. Arczynski argued that when two council members abstained last month from voting to award his client a council seat, the act was equivalent to a pair of “Yes” votes.

“If you want to vote ‘No,’ vote ‘No,’ ” Arczynski said. “Because an abstention goes with the majority of the quorum.”

But City Atty. Jerry M. Patterson disagreed. He said state law appears to uphold the council’s decision on April 10 to call a special election to fill the empty seat created by the resignation of former Mayor William Davis.

Bowman, a real estate broker, was one of two candidates for the seat. But when each contender received only two affirmative votes, each fell short of a three-vote majority.