WESTFIELD – Bypassing the normal procedure for scheduling council meetings through the council president, three City Council members submitted a request for special meetings to City Clerk Karen Fanion, to address the appointment of a new Ward 2 councilor.
The elected Ward 2 councilor, James E. Brown Jr., resigned effective Sept. 1 because of career obligations. City Charter requires that the defeated candidate with the next highest number of votes be appointed to the seat to represent the ward. That process was used to seat Kevin Harraghy as an At-large councilor following the death of Patti Andras because Harraghy had the next highest vote tally in the At-large race.
However, if there is no clearly defeated candidate, the City Council may act to appoint any resident of the ward, in the case of a vacant ward seat and any city resident in the case of an At-large seat.
Two Ward 2 residents filled in their names for the Ward 2 race, which in the opinion of the Law Department qualified them as a candidate. One resident declined the appointment, while the other, Brian Winters of Cross Street, indicated that he would accept the seat.
The City Charter and state Law provide little clarification on the definition of a candidate. A number of council members have raised that issue as to the definition of the term “candidate,” and appear to be at odds with the opinions issued by the Law Department.
Acting against the Law Department opinion could expose councilors to litigation as individuals, rather than under the city’s umbrella of protection as a member of the city’s legislative body.
Ward 4 Councilor Mary O’Connell submitted a two-page request for special meetings on Wednesday, Thursday, and Friday. Joining O’Connell on the special meeting petition addressed to Fanion and City Council President Christopher Keefe are At-large Councilors David A. Flaherty and Agma M. Sweeney. The Thursday meeting is slated for 6:30 p.m., just prior to the regular City Council session slated to begin at 7 p.m.
The meetings have been posted and will occur, but those three councilors will have to be joined by at least four other council members to attain a quorum of the city’s 13-member legislative body.
“I don’t see the point of it,” Keefe said this morning, “It’s already on the agenda for Thursday’s council meeting, so I don’t see why anybody would go Wednesday.”
O’Connell said this morning that seven council members have committed to attending the Wednesday session.
“Whether they’ll all show we won’t know until Wednesday night,” she said.
“We want to address the process of filling the Ward 2 vacancy,” O’Connell said. “If members have any questions to the City Solicitor (Susan Phillips), we want those raised Wednesday night so we’ll still have until Thursday to get answers. That’s the real purpose. We don’t want to be backed against the wall at the eleventh hour.”
“I know this is an unusual situation and I hope that everyone rises to the occasion,” O’Connell said.
Keefe said that Phillips released an email message stating that she will not attend the “special” meetings and that the Law Department has issued opinions which adequately address the City Council’s options.
“I can’t remember the last time this was done,” Keefe said to council members calling for special meetings outside normal channels.
“At some point we have to act,” Keefe said. “This issue was referred to the City Council, not the City Clerk (to make the appointment). It’s not an automatic function, that’s why we have to vote on it,” Keefe said. Legislative affairs are matters for legislative bodies.”
