Omaha City Councilmembers Brinker Harding, Aimee Melton, and Don Rowe are requesting a resolution be placed on Tuesday's City Council meeting agenda that would remove Councilmember Vinny Palermo from his position as council Vice-President.
Palermo, former Omaha Police Officer Johnny Palermo, who is not related, former Omaha Police Captain Rich Gonzalez, and Jack Olson were arrested last Friday after a federal grand jury hands up two indictments accusing them of wire fraud and financial schemes involving two Omaha non-profits.
They were held over the weekend in the Saunders County Jail awaiting initial court appearances in Lincoln Monday afternoon.
The federal grand jury's decision to indict Palermo does not affect his ability to remain on the City Council.
The City of Omaha Charter (Sec. 2.05) only automatically forfeits a council member's position if he or she is convicted of a felony, or any crime involving a violation of the City of Omaha's oath of office.
At this time, of course, Palermo is charged with violations of federal law, not convicted.
However, the same provision of the Charter requires forfeiture of office if City Council meetings are missed.
While the length of Palermo's incarceration is unknown, he faces removal from office if he is absent from Council meetings for three consecutive calendar months without being excused by the Council.
Also, regardless of whether he is excused or not, he would automatically be removed after missing six consecutive calendar months of meetings.
It is the opinion of the City Law Department that missing a meeting due to pretrial incarceration on a federal indictment is not an excusable absence.
Mayor Stothert immediately called for Palermo to resign from the city council.
(Picture from Getty Images)