The City Council will meet in regular session Sept. 20 and may consider the vacancy then.
Richard OnofreyWESTFIELD – The City Council abruptly adjourned Monday night before accepting the resignation of Ward 2 Councilor James E. Brown Jr. or deciding how and when the vacancy will be filled.
Adjournment came at the request of Ward 5 Councilor Richard E. Onofrey Jr. as City Clerk Karen M. Fanion was preparing to submit Brown’s resignation, that was effective Sept. 1, for consideration.
Mary L. O'ConnellThe surprise action brought a charge from Ward 4 Councilor Mary L. O’Connell that “Ward 2 is being denied representation. There is a resident who is duly and legally ready to represent the Ward.”
But, Onofrey said he still has questions that need answers before he will be ready to act on filling the vacancy.
The resident O’Connell was referring to is Brian S. Winters, 28, of 34 Cross St. who received a single write-in vote on last November’s municipal election ballot in the Ward 2 contest.
James BrownBrown ran unopposed but Winters and his wife Erin Winters each received one write-in vote on the election ballot. Erin has declined interest in the seat but Winters told Fanion that he wants to fill the vacancy.
Assistant City Solicitor Shanna R. Reed, on request of Council president Christopher Keefe, issued an opinion following Brown’s announced resignation, that based on the City Charter, the vacancy must be filled by the appointment of a defeated candidate from the last municipal election.
“I have questions concerning the definition of candidate,” Onofrey said Monday night. “I have asked for the Law Department to define candidate and I have asked the Law Department to check with the Secretary of State. My opinion is that a person who receives a single write-in vote is not a candidate for office.”
There are other candidates interested in filling the vacancy according to council members. Former School Committee member Jeffrey L. Gosselin made his intentions public at the council’s Aug. 30 special meeting. Others include former City Councilor Lynn F. Boscher, Ralph Figy and Jeremy J. Beltrandi, all residents of Ward 2.
Winters was in attendance at Monday’s council meeting, held because its Sept. 6 regular meeting conflicted with the state primary election.
He and Erin are among 25 plaintiffs in a suit filed against the city, Mayor Daniel M. Knapik and the City Council in an effort to block construction of a $36 million elementary school at Ashley and Cross streets. Plaintiffs contend that the Cross Street property, formerly a municipal ball field, is projected under the state’s Article 97 open space law.
Brian Winters told a reporter before the start of Monday’s meeting that he plans to withdraw his name as a plaintiff. The reason, he said, “is personal.”
Brown announced late last month that he would resign his council seat because of employment commitments.