The issue is,” (he) cannot hold both offices simultaneously. That’s the bottom line. Does that answer the question?”

The speaker was Attorney Will Frank in his capacity as Village Attorney for the Village of Montgomery. Frank, who is also attorney for the Town of Montgomery, was asked by Village Trustee Randi Picarello a question concerning the timeline in which Mayor Steve Brescia resigns and becomes the Montgomery Town Supervisor.

This is a time of transition in many communities. Newly-elected officials prepare for their new office, while departing officials are charged with leaving their office in good hands when they vacate. Brescia is in the somewhat awkward position of doing both: he is leaving one office while preparing to assume another.

Awkward it apparently is, but more so than it needs to be.

Brescia assumes his new office on January 1, 2024. By law, he should vacate his old one before taking that oath of office.

Except that as of this writing, he has not committed to doing so, indicating that he may wait until January 10 of next year to resign as mayor, thus holding two positions simultaneously.

The delay would effectively prevent village residents from voting in a special election for mayor. The village board would choose a mayor who would then serve until the 2025 village elections - more than a year away. If he resigns on or before January 4, 2024, the position of mayor will be on the ballot in March of this coming year.

The speculation in the village is that Brescia, who has held the office for more than 30 years, would like to pick his successor, and assure that person of at least a year in office before facing a possible challenge at the polls.

But that’s not the point. If the law states that he cannot hold the two positions at once, then he should vacate his office on Clinton Street on or before December 31, 2023, when he heads over to his new office on Bracken Road.

The Montgomery Village Board should hold a special meeting on December 31 to appoint an acting mayor to serve the first four months of 2024, or they can simply ask Deputy Mayor Darlene Andolsek to chair all meetings during that time. And any qualified residents interested in running for mayor can begin the process of circulating petitions to appear on the ballot.

This transition does not need to be as complicated as it appears.