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Marion Mayoral Hearing

MARION, IA (CBS2/FOX28) -- The Marion city council met Tuesday to debate whether the town has a valid leader.

The group "Citizens for a Better Marion" challenged mayor Snooks Bouska's right to hold his position - because of where he lives.

The hearing at the packed Marion City Hall kicked off with the mayors lawyer, Bill Roemerman, questioning his opponent's legitimacy.

If we're going to make up names, please refer to us as Citizens for Truth, Justice, and the American Way,' and you can call me Captain America, Roemerman said.

Meanwhile, the group continued to poke holes in the Mayor's residency.

He was living here in Marion when he was elected, but he is no longer doing that, said attorney Landon Dufoe.

The group, which gathered enough petition signatures to have the hearing in the first place, says he hasn't consistently lived in his Marion home since being voted in back in 2011.

They even brought in a private investigator, Jeff Marlin, to watch the mayor go to and from his other home in Hiawatha.

The investigator watched the Mayor go to a bar, even a dairy Queen, and then watched his car as it returned at night to this home in Hiawatha. To him, it leads to one conclusion -

He was there at the Hiawatha residence more than not, and it's my belief he was residing in that residence, Marlin said.

The investigator admits he never looked at the Marion home. Bouska's legal team criticized that move, but say the investigators conclusion is irrelevant either way.

They say there are only two things that matter in the overall debate.

One, Does the mayor have a dwelling within the city of Marion? Roemerman asked. Two, Does he use that dwelling at least part time?

Bouska himself says he manages several pieces of property, with Hiawatha being just one. He says he's in Marion 70% of the time, spending the rest between Hiawatha and Cedar Rapids. However, he firmly maintains his residency has never changed.

What is your current address? Dufoe asked Bouska at the stand

140 Agate Street Marion, Bouska said.

After about an hour long closed session, the council voted 5-0 to keep Bouska on board.
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