RALPH FIGY
WESTFIELD -The City Council tabled a motion to appoint Dave Billips as the Department of Public Works Superintendent on the argument that the Board of Public Works is the appointing authority for that position.
The council’s Personnel Action Committee placed Billips’ nomination on the floor Thursday night, which resulted in a discussion of the City Council’s authority to appoint Billips, who is also the superintendent of the Water Resource Department.
The issued boiled down to whether the Billips appointment falls solely with the BPW or if it falls under City Council purview as an emergency action.
Billips was initially hired by the city in 2003 as the director of the city’s Wastewater Treatment Plant and later appointed by the Water Commission as the Water Resource Department superintendent.
CHRISTOPHER M. CREAN
In August Billips was named by Mayor Daniel M. Knapik as the interim superintendent of the Department of Public Works following the retirement of former superintendent Jim Mulvenna.
Knapik also hired a consulting firm to access the city’s departments performing a number of public works function to determine if consolidation of those departments would benefit the city. A report from that municipal management consultant is expected in the near future.
PAC Chairman Ralph Figy said that Billips’ nomination as acting superintendent was submitted to the City Council to give Billips the legal authority to act in the DPW capacity.
“This appointment is needed for legal reasons, to allow him to sign documents,” Figy said.
DAVID FLAHERTY
Ward 6 Councilor Christopher Crean said the “it’s quite a bit for Dave to add to his responsibilities” by taking on the role of the DPW superintendent duties in addition to his current Water Resource Department functions. “My compliments to Dave and his staff for being very efficient.”
That sentiment was shared by other council members, but aside from admiration for Billips performance, a legal question was raised.
At-large Councilor David A. Flaherty and Ward 4 Councilor Mary O’Connell raised the issue of the council’s authority to appoint anyone to the DPW post.
“The Board of Public Works the sole appointing authority,” Flaherty said. “We have no role in appointing a superintendent or any employee of the Public Works Department.”
MARY L. O’CONNELL
“Superintendents are off limits to the City Council. I found this out at the last minute,” Flaherty said.
“The matter before the City Council is that we don’t have the appointing authority,” O’Connell said. “I suggest that we amend this motion and provide Mr. Billips with a vote of confidence.”
Ward 1 Councilor Christopher Keefe said that while the mayor may make a temporary appointment, “I don’t think was have jurisdiction in this.”
“We may be voting very soon on a change in the makeup of several departments. I don’t think the BPW wants to appoint a superintendent if we’re making changes in the (organizational) structure,” At-large Councilor James R. Adams said.
JAMES R. ADAMS
“This may qualify as an emergency appointment,” Adams said.
At-large Councilor Brian Sullivan said that the council should confirm Billips’ acting appointment.
“If it’s wrong, it will come back to us,” Sullivan said. “It’s an emergency situation. This was in committee, we don’t know if it’s wrong. The BPW appoints full-time people. We do have the authority to allow him to sign documents, to let him do his job.”
O’Connell and Flaherty said they has ”discovered” the Charter discrepancy just prior to the City Council session and were unable to attend the PAC meeting held before the City Council session to discuss the issue, which led to a discussion of grandstanding.
“”This is our city,” Ward 6 Councilor Christopher Crean said. “Pointing fingers doesn’t solve anything. If the PAC had the information earlier they may have done something differently.”
The motion to appoint Billips was tabled to the Dec. 4th session
Figy objected to the way Flaherty and O’Connell brought the information to the council floor debate.
“I thought it was a very unfortunate situation last night,” Figy said Friday morning, “with two members knowing the council does not have appointing authority, but failing to notify the PAC, instead of waiting to put on a dog and pony show on the council floor.”
