Less than a month from when he raised his right hand and took the oath of office, Coaldale Mayor Francisco "Frank" Rodriguez found himself in the hot seat during a council meeting Tuesday.

Joel Johnson, who was narrowly defeated by former Mayor Richard Kellner in the 2013 general election, asked Rodriguez to resign.Kellner resigned Dec. 1; council accepted his resignation during a meeting Dec. 9.Rodriguez was appointed during a Dec. 16 meeting, after council nominated resident Skip Miller to the vacancy board and convened the vacancy board, which resulted in Rodriguez's appointment.Johnson read from a prepared statement and provided copies to council members and Rodriguez.He said that he had documentation proving that Rodriguez had not resided in Coaldale continuously for a year, as is required to hold office, and also that the council's use of the vacancy board was not valid. He also said former council President Angela Krapf should not have voted during meetings when council had no one appointed to the mayor's position."The supporting copies of documents from both (Carbon and Schuylkill) County Election bureaus show his residency in Lansford from January 2014 to August 2014, with confirmation provided by the Department of Transportation, driver licensing bureau," Johnson said. "Would this make him ineligible to be appointed or to serve as a public official (in Coaldale)?"Johnson said that according to borough code, the council has 30 days to fill a vacancy created by a resignation, and can resort to using the vacancy board after the 30 days, using 15 days to fill the position."I question how the vacancy board can meet and act prior to the 30 days obligated by council to act," Johnson said. "Nowhere in the borough code does it allow for the use of the vacancy board prior to 30 days given to council to fulfill its obligation."Johnson said that according to borough code, the president of council shall assume the duties of the office of mayor in the absence of an appointed mayor.The council president, while acting as mayor, does not have the power to vote as a member of council."Would all votes cast by councilwoman Angela Krapf become invalid on and after the acceptance of the resignation of Mayor Kellner?" Johnson asked. "Then I should have been appointed as mayor, based on a 3-2 vote taken by members of council on Dec. 16."During the Dec. 16 meeting, council deadlocked 3-3 on Johnson's appointment, with Krapf, Brenda Hosler and Harry Hontz voting against Johnson, and Thomas Keerans, Mike Doerr and Yvonne Stoffey voting for him.Johnson then called for Rodriguez to resign, and asked council members to ask him to resign. Councilman Francis Hutta asked Johnson if he had a copy of Rodriguez's driver's license; Johnson did not, but handed Hutta a copy of Rodriguez's voter registration card from the Carbon County Election Bureau.Hutta then asked Rodriguez to resign, and added, "This is really out of hand."Solicitor Mike Greek said that calling for the resignation of Rodriguez was not a move to be made by council."You can't go back and redo what you did," Greek said. "You just have to move forward from where you are."Greek said that Johnson, or another resident, could file a Quo Warranto action in the Court of Common Pleas to seek to remove Rodriguez from office.Former councilman Dave Yelito asked if the civil action could cost the borough money, and Greek said that the borough would not be a party to such action.After that exchange, another resident asked Rodriguez to resign."Sometimes you have to do the right thing," said Judy Veron. "If you know you weren't a resident, you should do the right thing and step down."After the meeting, Johnson said he would seek legal advice and would likely take further steps which could include the Quo Warranto action.Rodriguez did not make any response during the meeting and after the meeting said that he had no comment at this time.