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Questions remain on timing of McFadden's departure from City Council


Even though Rochester City Council Vice President Adam McFadden pleaded guilty to a felony Monday, which would mean he can’t continue to hold his council seat, there are still some questions about how much longer he can remain in office.

McFadden pleaded guilty Monday to a federal charge of  wire fraud and filing a false tax return.

City Council President Loretta Scott and the city’s lawyer Tim Curtin released statements saying that state law requires McFadden to leave office immediately.

But Scott said that McFadden’s attorney Joseph Damelio disagrees with the city’s interpretation of the law.

“There has been a question as to when conviction attaches and the question was, is it at the point of the plea to guilty or sentencing?  That has been a discussion that we were having,” said Scott. “We’re still looking for the basis of his lawyer’s interpretation and just asking for more clarification on what citations his law is referring to in that that regard.”

Scott says the city is consulting the state attorney general’s office on the law. How it is interpreted will determine whether McFadden has to leave office immediately, or if he can stay in that seat until he is sentenced. McFadden’s sentencing is scheduled for June 27.

McFadden’s plea agreement calls for between 12 and 18 months in prison plus restitution.