Discord among councilors creates standstill
Date: 10/17/2012
By Carley Dangona
carley@thereminder.comWESTFIELD — As of Oct. 4, the responsibility of fulfilling the vacant Ward 2 City Council seat became the mayor's duty due to the dissension among the City Council that caused the position to remain open.
The seat opened after James Brown resigned from the council. The main source of contention was the option of whether or not resident Brian Winters had a right to fulfill the vacancy. Winters and his wife Erin each received one write in vote at the last election; but Erin is no longer interested in the seat, making Winters the next highest vote getter since former councilor James Brown ran unopposed.
Mayor Daniel Knapik cited the nature of the vacancy as cause for disagreement because "it's totally unchartered territory," so the councilors naturally have varying ideas how to proceed. As for the responsibility of filling the void, the mayor stated that he is "exploring his options."
Some councilors questioned the validity of Brian Winters' candidacy, since 50 signatures are required for registered voters to be listed on ballots.
Another reason for hesitation by some councilors was the fact that, until quite recently, Winters was a plaintiff in a lawsuit against the mayor and the councilors regarding the construction of the Ashley Street School Project and the demolition of Cross Street Playground.
Ward 4 City Councilor Mary O'Connell was not amused with some of her colleagues. "In my opinion, he was legally in line to take the position," she said. "We received two written legal opinions stating that we were required to honor him for the seat."
She continued, "I feel the other councilors shirked their responsibility — it was cowardly to abstain." When asked if she thought some councilors were influenced by the lawsuit, O'Connell told
Reminder Publications, "If you're afraid of that, you probably shouldn't be on the council; we're indemnified."
O'Connell directly addressed the argument that Winters' involvement in the lawsuit was a conflict of interest. "Some [councilors] said they'd vote if he took his name off the lawsuit — he did so a week before the vote and they know it — it was disingenuous to use that argument," she criticized. "They compounded their cowardice by relying on an untrue point. If you're going to abstain, at least have a valid argument."
She added, "It's a scary line to draw." O'Connell disliked the implication that a person would not be supported and voted for if he or she brings a lawsuit against the city and/or the council. She questioned whether civil rights were being "stomped on."
