Elma, IA--- Monday night at a city council meeting in Elma, it was decided that the elected mayor, Vern "Al" Smith, is unable to serve.
Smith was elected back in November.
According to court documents he is now facing third degree fraudulent practice charges after filing an affidavit of candidacy when he knew he could not serve.
According to the Howard County Attorney his trial has been set for February 15, 2012. A pretrial hearing is set for Jan 30, 2012.
According to Elma City Clerk, Jim Johnson, the council set a date of January 23 to appoint a new mayor.
From there city residents will have 14 days to file a petition against the appointment.
If a petition is filed, a special election will then be scheduled for sometime in March.
If no petition is filed, the appointed mayor will then serve two years.
