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On the same day that Kris Ockomon was sworn in as the city’s new leader, Kevin Smith said he would not step down as mayor of Anderson.

Smith, a Republican, said Tuesday that the issue of Democrat Ockomon’s residency must be resolved before Ockomon can rightfully take over the office or mayor. On Friday, five people, some of whom had worked in the Smith administration, filed an injunction to halt Ockomon from becoming mayor because he had allegedly not been a city resident for the required year.

Smith said in a statement: “Given the obvious potential for a vacancy in the office of mayor based upon the lawsuit which has been filed, and given my constitutional duty to remain in office, I am today announcing that I have not and will not be surrendering the office of mayor pending a determination by the courts as to whether Kris Ockomon is or is not qualified to be the mayor of Anderson.”

Smith said attorneys for the people who filed the lawsuit told him they had unsuccessfully tried to serve Ockomon with a subpoena to take a deposition about his home residency.

State Sen. Tim Lanane, D-District 25, who is Anderson’s new city attorney under Ockomon, said the announcements, which came about seven hours after Ockomon officially took office, were “acts of desperation” and that he was unaware of any attempts to serve Ockomon with a subpoena.

“Kris Ockomon is the duly elected and qualified mayor of the city of Anderson,” Lanane said. “For Mr. Smith to say that he has not relinquished the office flies in the face of reality. He turned over the keys.”

Ockomon’s address was questioned throughout his race against Smith, which Ockomon won in city elections in November. Ockomon said while his family was living outside Anderson city limits, he had rented a house at 420 E. 36th St. to meet the one-year residency requirement.

According to the injunction filed Friday, Madison County tax records show Ockomon lived outside the city limits in 2006, registered to vote at that address and did not begin utility service at his new address until Nov. 14, 2006. Private investigator Gary L. Davidson filed an affidavit claiming to have seen Ockomon’s family at the ineligible residence between Dec. 20, 2006 and March 27, 2007.

Smith said in a phone interview that his decision to remain in office came after meeting with the people who filed the injunction and their attorney.

“They pointed out that they believe that Ockomon was not a qualified candidate, because of the residency issue,” Smith said. “In light of that, they don’t believe he was qualified to be sworn in as mayor.”

Lanane said if the residency issue were legitimate, Smith should have raised an objection sooner.

“He had every right to raise this issue in the campaign,” Lanane said.