WESTFIELD – With the expected resignation of Ward 2 City Councilor James Brown, the council is left yet again with the question of how to fill a vacant seat.
Brown announced last week that he was resigning due to work demands. He is expected to officially give his resignation to the Westfield City Council during a special meting tonight.
When Brown was elected, he ran unopposed. Normally, a vacated seat is filled by the candidate who received the next highest number of votes.
Assistant City Solicitor Shanna R. Reed researched how to fill the vacancy and offered her finding yesterday.
“On Wednesday Aug. 22, you had asked this office the process by which the vacancy for Ward 2 will be filled, as there were no other candidates that ran for Ward 2 City Councilor, but there were, however, three write-in candidates who each received a single vote,” stated Reed in a letter to Council President Christopher Keefe.
Section 25 of the City of Westfield Charter states:
“If at any time a vacancy occurs in the city council from any cause, the city clerk shall forthwith notify the city council thereof; and within fifteen days after such notification, the remaining city councilors shall choose, as city councilor for the unexpired term, whichever of the defeated candidates for the office of city councilor at the regular municipal election at which city councilors were elected for the term and office in which the vacancy occurs, who is eligible and willing to serve, received the highest number of votes at such election, or, if there is no such defeated candidate eligible and willing to serve, in the case of a vacancy in the office of councilor-at-large, any registered voter of the city duly qualified to vote for the office of city councilor-at-large, and in the case of a vacancy in the office of a ward councilor, any registered voter of the city duly qualified to vote for the office of city councilor from the ward in which the vacancy occurs.”
City Clerk Karen Fanion has verified two names – Erin and Brian Winters – that are eligible (over 18 years-old, registered voters and residents of Ward 2). It is not yet known whether or not they are willing to serve.
“In this instance, there are at least two defeated candidates that are eligible to serve,” said Reed.
If only one is willing, that person shall be the one to fill the vacancy for the Ward 2 Councilor position. If both of them are willing to serve, the Council shall vote among the two. If, however, neither of them are willing to serve, the Council shall make nominations from among the registered voters of Ward 2 and elect a candidate to fill the vacancy.”
