If the council fail to fill the vacancy in a timely fashion, an appointment could be made by the mayor.
WESTFIELD – The City Council is scheduled to decide Oct. 4 whether to appoint Brian S. Winters, who received one write-in vote on last November’s city election ballot, to replace James E. Brown Jr. as city councilor in Ward 2.
Council members remain split on the appointment with several members voicing reluctance to appointing someone, they say was not an official candidate, who received a single vote to seat. But, failure to act on Oct. 4 could result in Mayor Daniel M. Knapik deciding who fills the vacant seat.
James E. Brown Jr.Brown resigned effective Sept. 1, because of employment obligations. Now that the council has officially accepted his resignation, it has 15 days to fill the vacancy or that chore goes to the mayor, according to the City Charter.
Winters’ pending appointment is based on two opinions issued by the city’s Law Department both citing Westfield’s City Charter which outlines the process for filling vacancies on the council.
The council adjourned its Sept. 10 meeting without accepting the resignation.
Christopher KeefeCouncil president Christopher Keefe made it clear Thursday night that no action would be taken to fill seat until the council’s next meeting Oct. 4 because the issue was not posted on Thursday’s agenda. “I do not wish to chance violating the open meeting law,’ Keefe said.
The two Law Department decisions both city Chapter 43, Section 26 of the Charter that states the council must appoint the next defeated candidate from the last municipal election in filling a vacancy.
The charter does not define ‘candidate’ but City Solicitor Susan C. Phillips, in an opinion issued Thursday, included a definition of candidate listed in Black’s Law Dictionary. A candidate is “one who seeks or offers himself, or is put forward by others, for an office, privilege, or honor.”
It was unclear Thursday if Winters will require seven votes from councilors to take the Ward 2 seat. But, some councilors are considering ignoring the Law Department opinions and nominate candidates for the vacancy.
Winters and his wife Erin, each received a single write- in vote in the Ward 2 council race last year but she has declined interest in filling the seat.