BRIAN WINTERS
WESTFIELD – Hampden County Superior Court Justice Bertha D. Josephson ruled yesterday as to whether or not Brian Winters is the rightful Ward 2 city councilor.
“Brian Winters, in this action, is the ‘defeated candidate’ for purposes of filling the vacancy created by the resignation of the winning candidate and the City Council for the City of Westfield is mandated to choose and appoint the Defendant, Brian Winters, for the unexpired term created by the resignation of the winning candidate, James E. Brown, Jr.” stated the judgment filed April 22.
It further stated that Winters must be sworn-in within 15 days of the ruling.
Winters, 28, is a Cross Street resident whose name was written in as a candidate for the seat. Despite being the only viable, willing candidate and a ruling from the city solicitor in favor of Winters’ candidacy, the council did not seat him.
In February, Mayor Daniel M. Knapik requested a declaratory judgment. Knapik said now that there is a ruling, he welcomes Winters to the council.
“I sought declaratory judgement for both the city council and for me… and that’s what we now have,” Knapik said. “I look forward to working with Mr. Winters as both the mayor and as a constituent. I wish him well.”
Tomas Smith, who has lead a group of Cross Street area residents in its fight against a new school at Ashley and Cross Streets, said it was residents who forced Knapik’s hand.
“We filed a complaint,” said Smith. “We sent Westfield a letter stating if they don’t seat Brian Winters before the next council meeting – which was in February – we were going to file these papers in court.”
Smith said he did not receive a response from the council. Instead, Knapik sought a declaratory judgment.
“We won, and we felt we were going to win and we don’t see how we were going to lose,” said Smith.
He said he now hopes Winters will be seated by the next council meeting. If not, Smith said it will show once again that the intent was “to keep an opponent off the council.”
“They have kept him out of the seat for eight and a half months already,” said Smith. “If he isn’t sworn in right away it will show their goal was to keep him off the council. Brian is a young man, he works at Hamilton, he’s a bright guy with a young family and that’s what the Westfield City Council needs.”
