Mack sent the letter this morning, stating that he is rescinding a letter from July 19, 2012 that was sent to then-clerk Leona Baylor which appointed Business Administrator Sam Hutchinson to the role of acting mayor in Mack's absence.
TRENTON - A day after testimony concluded in his federal corruption trial, Trenton Mayor Tony Mack sent a letter to the Trenton city clerk saying he reserves the right to designate the individual of his choice to the role of acting mayor in his absence.
Mack sent the letter this morning, stating he is rescinding a letter from July 19, 2012, sent to then-clerk Leona Baylor that appointed Business Administrator Sam Hutchinson to the role of acting mayor in Mack's absence.
"I reserve the right to designate the individual I choose as Acting Mayor, when and if that decision is necessary," Mack wrote. "The person of my choice will perform all the rights, powers and duties of Mayor during such time as I may be unavailable."
When reached by phone this afternoon, Hutchinson said he does not know why the mayor would have changed his mind about designating the business administrator as acting mayor.
"I don’t I just got a copy of the letter myself," Hutchinson said.
According to state and city law, the mayor can appoint an acting mayor to have the powers of the office if there is a temporary absence, but if a vacancy occurs - for example, by reason of death, resignation or otherwise - the city council president will become the mayor until a successor is elected.
Mack did not immediately respond to a request for comment this morning.
Mack, who is facing 20 years behind bars, is charged with six bribery and extortion counts connected to a parking garage project, which was in reality an FBI sting operation. The government alleges that Mack accepted bribe payments from the purported developers in exchange for his official action.
Mack's brother Ralphiel Mack is also on trial facing six counts, including attempted extortion and agreeing to accept bribes.
Throughout the investigation and trial, both Tony and Ralphiel Mack have maintained they are innocent. Tony Mack repeatedly refused to resign his post in the city's highest elective office.
The jury is set to return Monday to hear closing arguments in the case before beginning their deliberations on a verdict.
City Clerk Richard Kachmar said if Mack if found guilty the office of the mayor will be considered vacant and Mack will not have a say in appointing his successor.
"Upon conviction he is immediately stripped of his powers," Kachmar said. "Upon his conviction that appointment would be put aside."
City council would hold a meeting to appoint someone to fill the vacancy, Kachmar said.
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