AWOL (Absent With Out Leave)
Bob Levy Has Vacated The Office of Mayor. It's
Thunderdome in Atlantic City
It is the duty of Atlantic City Council and the proper
legal authorities to bring about a legitimate Administrative Government In
Council President William Marsh must assume the
position of Acting Mayor in Atlantic City!
By Don P. Hurley
September 30, 2007
For Purposes of reference, Thunderdome is a
fictitiously futuristic societies way of resolving disputes,grievances and
matters of law while existing in a condition of a near state
I've placed Bob Levy's picture next to mine in this
column, so that people will remember what he looks like, as Levy has
not been seen in a long time.
I for one, am sick of hearing some say that people
telling the truth about Bob Levy is akin to "kicking a man when he's down".
Bob Levy has been kicking the people of Atlantic City
with lies and deception for more than 40 years while doing immeasurable harm to
the condition and image of Atlantic City that will take years to
It's time for Levy to go, and I submit that he is
gone for good this time.
The whereabouts of Bob Levy may not be
known presently to most people.
But one thing that is for certain. Bob Levy has
vacated the office of Mayor of Atlantic City. A vacancy, not the same as
an ordinary "Leave of Absence". Levy has left.
Levy is AWOL, (Absent With Out Leave), to borrow
the military vernacular.
It is important to know that filling a vacancy for
Mayor is different than merely a situation involving a normal"leave of absence",
which this is not.
It is the duty of the President of Atlantic City
Council to become the Acting Mayor of Atlantic City at this critical time
to provide legitimacy and legal authority to government.
A proper transfer of the office of Mayor
is accomplished in writing, when a legitimate Mayor transfers the powers
and duties of the position to either the Business Administrator or some other
eligible Department Head before he disappears. There is also proper notice given
to the governing body and the public in normal
None of this happened on Thursday, September 27,
Bob Levy, by many accounts had already agreed to
resign from the position of Mayor last Thursday in a Press Conference that
was to have occurred at City Hall.
The Governors Office was believed to have
been awaiting a fax of the imminent Levy resignation letter at 1:00 PM
last Thursday as well.
I was at City Hall last Thursday covering this
story and directly heard several of Levy's cabinet officials and
a family member say that Levy was due at City Hall and would appear
at the Mayors Office at 1:00 PM.
When Bob Levy did another impersonation, not as a
Green Beret this time, but rather like Houdini doing another disappearing act,
he ran to his lawyer Edwin Jacobs when Levy, just like his brother Craig
Callaway, had a medical problem.
What is about these guys like Levy and Callaway,
that makes them rush to a criminal defense attorney, when they supposedly have
Here's what the law says:
When Office is Deemed Vacant.
The office of Mayor is deemed vacant
d. Upon the refusal of the Mayor to qualify or serve.
(N.J.S.A. Title 40A:16-3)
In every municipality, if a vacancy occurs in the
office of Mayor, by reason of death, resignation or otherwise, the presiding
officer of the governing body SHALL become the Acting Mayor until a successor is
elected and qualified. (N.J.S.A. Title 40A:9-131).
It is now incumbent upon Atlantic City Council
President William Marsh to assume the position of Acting Mayor of Atlantic City
in view of this statutory crisis.
The present situation involving the Mayors position in
Atlantic City is so illegitimate and out of order, that on September 28, 2007, a
full day after Bob Levy disappeared again, Dominic Cappella designated HIMSELF
as acting Mayor.
This is a direct violation of NJ law, wherein Title
40:69A-42 clearly states and demands that "The Mayor SHALL designate the
business administrator, any other Department head, or the Municipal Clerk to act
as the Mayor", in his absence.
That did not happen here. And I submit for good
reason, as Levy vacated the position, and did not take "leave of absence",
as evidenced by Cappella attempting to designate himself as the Acting
Dominic Cappella can not designate himself to act as a
Mayor or anything else in Atlantic City government. Dominic Cappella has no
legal authority in law to do what he has done or what he is doing
Simply put, Dominic Cappella is not the Acting Mayor
of Atlantic City.
Again, I am saying that it is the duty of Council
President William Marsh to become the Acting Mayor of Atlantic City as required
Every act and every decision that Cappella makes
without proper legal authority places the city of Atlantic City in a terrible
position of liability and jeopardy.
Just yesterday, October 1st, Cappella has already
acknowledged that he has vetoed the Ordinance by Atlantic City Council, which
wisely called for the elimination of the Kim Baldwin Department of Law that
has placed the citizens of Atlantic City from one position of conflict to
another for the past 21 months.
Cappella publicly admitted that he did this on the
advise and counsel of Kim Baldwin. How can Kim Baldwin provide legal advice and
counsel with regard to a matter that has direct effect upon her own personal
position of employment?
This is how out of control the situation in Atlantic
City has become.
Can anyone truthfully say that Bob Levy has not
vacated the office of Mayor of Atlantic City?
I interviewed the spokesperson for Bob Levy, Nick
Morici yesterday at City Hall and asked him where Bob Levy was and what is
his current status. Morici said he had not talked with Levy since last
Wednesday and that he does not know where Levy is or what is wrong with
Bob Levy's own spokesman does not know where he
The only question that remains is what the responsible
authorities will do about it.
It's time for leadership, strength and
It's Thunderdome. There are no rules and no laws being
applied at the present time.
Mr. President Marsh, please end this madness. You have
the power and the duty.
Please become the Acting Mayor of Atlantic City today,
and put this longstanding nightmare to rest once and for
Don P. Hurley