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Kirby says opinion should put end to residency inquiry

Annapolis Alderman Kenneth A. Kirby, who is without a permanent home, said Tuesday that an opinion issued by the city attorney should quiet calls for an investigation into whether he is in violation of residency rules for elected officials.

The opinion, issued Monday by Karen M. Hardwick, said that in order to remove Kirby from the council, the mayor and council would need "undisputed evidence" that Kirby changed his domicile and therefore created a vacancy on the council. The council would be required to vote unanimously to remove Kirby.

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"It should be a dead issue," said Kirby, a Ward 6 Democrat. "I'm within my domicile and I'm within the law, and I think that's pretty clear to my constituents and my colleagues on the City Council. That's crystal clear."

Calls to investigate whether Kirby was living in his district began last month when Kirby was in his niece's apartment in public housing during a police drug raid. Police said Kirby was innocent of any wrongdoing, but questions arose about where he lives.

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Kirby, who claims a legal address within his district, has said he doesn't have his own apartment and stays with a network of friends and family. His only income is his $12,600 annual council salary.

Legal precedent has established a "fixed permanent domicile," as where a person lives and where that person votes, according to the city attorney's opinion. Aldermen are required to have lived in the ward they represent for at least six months before the general election. The council's residency requirement also provides that "removal" of any alderman "out of the ward" creates a vacancy, which requires the mayor to call for a special election, according to the opinion.

The opinion, which offered an overview of the council's role in determining violations of residency requirements for elected officials, advised the mayor and council that they have the ability to investigate whether there is "undisputed evidence" that Kirby abandoned his domicile and created a vacancy on the council. It's now up to the council to decide how to proceed.

Mayor Joshua J. Cohen, who requested the opinion, said Tuesday through a spokesman that he had not yet reviewed the opinion and could not comment.

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William Day, president of the city's Republican Central Committee and Julie N. Stankivic, a former alderwoman, filed complaints to Cohen but did not respond to messages seeking comment Tuesday.

Alderman Ross H. Arnett, a Ward 8 Democrat, said the situation has been addressed.

"I think that her findings seem to indicate there's not an infraction," Arnett said. "I think it will go away."

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