City Council members have 15 days to fill the Ward 3 vacancy created by the resignation of Peter J. Miller Jr.
Council President Christopher Keefe said that in the unusual incidence of a vacancy without a clear successor, the City Charter requires the council to make the appointment.
“The charter requires us to replace the council within 15 days,” Keefe said this morning. “If we abdicate our responsibility, it defaults to the mayor who can just make the appointment. We should have no say in that (mayoral) process if we can’t agree on a replacement candidate.”
Keefe said that because Miller ran unopposed there is not clear succession process.
“The last time there was a vacancy on the council, there was an obvious runner-up,’ Keefe said. “It was me because I lost to Lenny (Burlingame) by 108 votes.”
Keefe said that there were two write-in ballots, one for a person now residing in Ward 4 because of redistricting and the second for a person now living in Hudson, Mass.
“I did request a Law Department opinion to see if there is case-law on write-in candidates, if there was a requirement for a political mass, such as 50 votes,” Keefe said, “but that is moot because neither is qualified to serve. One was redistricted and the other was a student who is a registered voter in another community.”
“This is a political decision made by politicians elected by the voters of the city to make these decisions on their behalf,” Keefe said. “There are only three qualifications, that the person be a registered voter, that the person be a resident of Ward 3 and that they have an interest in serving.”
There is a schism on the council about involving Ward 3 residents in the process of replacing the council representative.
Keefe called for a Committee of the Whole on Monday, May 14 to nominate candidates, with the appointment to be made during the May 17 City Council session. The successful candidate needs the vote of seven council members to win the appointment.
At-large Councilor David Flaherty is seeking public input in the process.
“I think the people of that ward should have an opportunity to participate, come up with their own candidates,” Flaherty said. “The present process is a handful of councilors putting names forward. It’s who you know.
“People in the ward will not be able to give their feedback,” Flaherty said. “Fifteen days is plenty of time with today’s technology to reach out to those registered voters. We ought to make it open to allow people to participate to whatever level they want to participate.”
Flaherty said that he hopes all of the possible candidates are named Monday to allow council members time to contact the candidates.
“That gives us time to ask questions to find out who they are,” he said.
Ward 2 Councilor James E. Brown Jr. said that he has been contacted by two residents whose names he will sponsor Monday.
“The process as outlined by the President (Keefe) is to reach out to a councilor,” Brown said. “I’d reach out to as many councilors as possible to get my interest to a majority of the council.”
“Anybody and everybody who has offered to serve should be placed on the slate Monday for consideration at the council meeting Thursday,” Brown said.
At-large Councilor Brent B. Bean II, who caused a stir at the May 3 council session by stating that a councilor could nominate anybody from the floor of the appointment session, said that he, as a former council president, will comply with the process a defined by the Law Department and council president.
“Our president has asked us to nominate candidates Monday and I will abide by that out of respect for the position,” he said “I will cast my vote for a person who is interested and is the best person for that position.
“It would be great to get input from (Ward 3) residents,” Bean said. “President Keefe may allow public participation at the beginning of the meeting Monday.”
At-large Councilor Brian Sullivan said that he anticipates that more candidates will come forward before the meeting Monday.
“Between now and then I’m sure that more people will come forward seeking the appointment,” he said. “The name that gets seven votes will get that appointment.”
