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Westfield City Council denies transfer request to fight firefighter lawsuits

Date: 1/12/2021

WESTFIELD – During the Westfield City Council’s Jan. 7 meeting, the council denied a request to transfer $150,000 to the Ambulance Purchase of Services account for legal fees but approved a host community agreement with Safetiva Labs for a marijuana testing facility.

Councilor Ralph Figy explained that the transfer to the ambulance account was to pay for attorneys as the city faces 10 lawsuits over the termination of three firefighters.

“This request is coming in as a means of paying for the attorney’s fees for the lawsuits that three firefighters have filed against the city of Westfield. Currently three firefighters were terminated and as a result 10 lawsuits have been filed against the city,” he said.

At this time, Figy said the plaintiffs were not planning on settling this case.

“The city has in all attempts tried to find an amicable solution to this issue. The plaintiffs are refusing any and all offers that have been made, mediation was tried, and they did not even go with that in good faith,” he said.

Council President Brent Bean said he was concerned about the lack of communication over legal issues, particularly with this case.
“The lack of information from Legal in general and the concern I have is that we are not getting a  lot of information about these things. Talking to the commission and talking to City Hall about this, there is a lack of communication throughout for all members. I’m very concerned about this,” he said.

Along with agreeing that the council did not receive enough information for the litigation, Councilor Dave Flaherty said the public had a right to know what the litigation is going to cost them.

“This is a significant problem, it deserves public disclosure, public oversight, and our oversight. It doesn’t matter that we’re not on the Fire Commission or the Police Commission, we’re the ones that approve the spending. We deserve full disclosure about this particular situation and so does the public. This is just the tip of the iceberg,” he said.

While several councilors requested an executive session with the legal department, Figy said that because the council is not the hiring authority, they would not learn anything else.

“I did ask Attorney Reed about an executive session and it was explained to me that because we are not the hiring authority, we are not entitled to as much information as the Fire Commission would be. What she would say to us in the executive session was summarized when I started,” he said.

Councilor Kristen Mello said the council should have the right to ask questions in cases surrounding large amounts of money.

“I would like to know how much was already spent. It’s not a small amount to just say go ahead and move it. I think it is our responsibility to ask what’s going on? And I think if it’s in the charter that we have every right to ask financial questions and I think it’s our responsibility,” she said.

The council ultimately shot down the transfer and agreed to host an executive session meeting before the next meeting to try to get answers to their questions.

After the Legislative and Ordinance Committee hosted a question and answer session with Safetiva Labs over a marijuana testing facility at its Dec. 29 meeting, the host community agreement was approved by the full council during the meeting.

In a joint meeting with the Municipal Light Board prior to the full council meeting, the council also named Joseph Mitchell the Ward 5 representative for the board.

The Westfield City Council next meets on Jan. 21.