Annapolis Alderman Kenneth A. Kirby will appear Wednesday night before the city's election board as the panel investigates whether Kirby, who does not have a permanent home, is meeting residency requirements.
Annapolis Mayor Joshua J. Cohen has asked for both the city Board of Elections and the Office of Law to issue opinions on whether Kirby, a Democrat, is required to live in the ward he represents. The inquiries will also seek to determine whether Kirby lives in the ward.
Cohen, also a Democrat, said he received several inquiries on the matter from the public, including the city Republican Central Committee.
The issue came to the forefront after police found Kirby while raiding an apartment in search of the drug PCP.
Police said Kirby did nothing wrong, and he was not charged with any crime. Since the incident, he has faced questions about where he lives. Kirby says he maintains a legal residence at a home in the ward he represents on the city council but acknowledges that he doesn't have his own apartment and stays with a network of family and friends who help him financially. Kirby's only source of income is his $12,600 annual alderman salary.
"Despite all the speculation and gossip out there, I have not seen anything concrete to indicate that Alderman Kirby is maintaining his legal residence outside of Ward 6," said Cohen. "I have received requests to review the matter. The city is taking every request seriously."
While city law requires that candidates for the City Council live in their wards six months prior to an election, officials say it appears silent about where sitting members of the council must reside. Kirby's opponents say he is required to live in Ward 6, and if he's not, he should lose his council seat. Cohen said if necessary he will seek to clarify the issue by introducing legislation at the next council meeting requiring aldermen to live in the ward they represent.
"Kenny has been clear with me from day one: He continues to reside in Ward 6, intends to continue to reside in Ward 6, and intends to serve out his term," Cohen said. "Again, despite the gossip and some of the statements out there, removing a public official from public office is a very serious step and not one that anyone takes lightly, so the city is doing its due diligence."
Reached on his cell phone, Kirby declined to comment Tuesday.
William Day, chairman of the city's Republican Central Committee, requested that Cohen investigate the matter.
"We need to determine what the facts are and what the law is and apply those facts to the law," said Day. "The people of Annapolis deserve to know what the facts are, rather than what they may or may not be as reported by the press."
Nick Berry, chairman of the city's Democratic Central Committee, said while aldermen have traditionally lived in the wards they served, the lack of a clear mandate in the city charter calls into question whether the inquiry is "legitimate."
"Kenny has done very well representing the 6th Ward," said Berry. "He is a very active member of the city council and we have supported him. And we have no reason not to continue to support him. … I think the other party is looking for an issue and this is the one they picked."