Councilors question request to fund mayor's legal expenses

Date: 4/11/2012

April 11, 2012

By Debbie Gardner

debbieg@thereminder.com

WESTFIELD — Members of the City Council had a vocal disagreement over the use of city money to fund the defense of Mayor Daniel Knapik in an upcoming civil liberties lawsuit during last week's City Council meeting.

On its April 5 agenda, a request submitted by City Council President Christopher Keefe, in the role of Acting Mayor, asked the council to approve the addition of $40,000 to the Law Department Purchase of Services account for use in preparing the mayor's defense in a Freedom of Speech Violation accusation filed against him on March 21 by At Large City Councilor David Flaherty, Ward 3 Representative to the Municipal Light Board Jane Wensley and property owner David Costa.

The complaint, brought by attorneys William Newman and Luke Ryan of the Northampton office of the American Civil Liberties Union (ACLU) Massachusetts, alleges that Knapik instructed Department of Public Works Director James Mulvenna to have municipal employees remove campaign signs for Flaherty, Wensley and At Large city councilor John Beltrandi III from Costa's property at 133 Lindberg Blvd., as well as at 38 East Silver St., the day prior to the Nov. 8, 2011 elections.

Saying she spoke "for the taxpayers and residents of Westfield," Ward Four City Councilor Mary O'Connell took the podium and read a statement regarding the funding request. She questioned if the council should provide "legal funding for a city employee in a case where the city is not charged as a defendant and has no potential liability?"

She added, "There is nothing in the city charter that requires or permits us to pay the private legal bills of our employees and elected officials."

O'Connell told Reminder Publications her comments were not meant as a judgement regarding whether or not Knapik was guilt or innocent of the allegations.

"I'm only saying he took action as an individual, not as a city employee and he should accept responsibility for his actions and pay his own legal fees."

At the meeting O'Connell also pointed out that the mayor "is being personally sued for violating the civil rights of two elected officials and asked if, in order to avoid an apparent conflict of interest, the council "should vote to provide equal amount of funds for the two elected officials whose rights were allegedly violated by Knapik's actions?"

At Large City Councilor Adna Maria Sweeney agreed with O'Connell that funding the mayor's defense did not seem an appropriate use of taxpayer's money.

"I understand that this has to do with politics and not legislative acts," Sweeny said. "Let it go to the courts and [the] take a vote on paying or not paying [the legal fees.]

At Large City Councilor John Adams said, "This is allegations. What if the mayor had reasons to have the signs taken down? Anyone can claim the mayor did something. Any disagreement can [end up] in court."

Adams also noted that under Section 264 of the City Charter the council was, in fact, obligated to "do this for the mayor."

Ward Six City Councilor Christopher Crean noted, "The Legal Department has a job to do [to protect the city] and we have a job to fund [them]."

Ward Two City Councilor James Brown said he had been sued personally himself and that, as soon as the mayor was served, "the clock is ticking. He has 60 days to prep the Law Department and mount a defense."

At Large City Councilor Brent Bean said "What we heard tonight is not about process, it is about personalities … [The] mayor is an honorable man and we should give him the benefit of the doubt."

Finance Committee Chair and Ward Five City Councilor Richard Onofrey Jr. noted that the council had discussed the matter in executive session prior to the meeting, and moved that the council go to an immediate vote.

After several councilors, including O'Connell, protested that they wanted more time to hear all the facts of the case, the request was sent to the finance committee by a vote of 8-2, with At Large City Councilor and lawsuit plaintif David Flaherty and At Large city Councilor John Beltrandi III, who said he might be called to stand as a witness in the case, abstaining. At Large City Councilor Patti Andrais was absent for the vote.

A video of the April 5 Westfield city council meeting is available online at www.cityofwestfield.org/?page_id=841