Provisions for filling such vacancies were added to the City Charter in 1963.
Mary L. O'ConnellWESTFIELD – Regardless of how the City Council fills its vacant Ward 2 seat on Oct. 4, it plans to rewrite the rules on filling such vacancies for the future.
That chore is expected to fall on the ad-hoc committee on rules and the City Charter, chaired by Ward 4 Councilor Mary L. O’Connell.
O’Connell said Monday her committee cannot act until a formal motion for action is approved by the full City Council and that she expects that on or shortly after the Oct. 4 council meeting.
If necessary, she will make the appropriate motion for review of Chapter 294, Section 25 of the Charter. “This is something we must look at,” O’Connell said.
Christopher KeefeAlso, Council president Christopher Keefe said “we need to firm up that section and create an absolute, indisputable process” for filling vacancies.
Keefe characterized the current situation as “chaos and that chaos begs for a review of the process.”
At issue is filling the Ward 2 seat vacated by the resignation, effective Sept. 1, of James E. Brown Jr..
Two Law Department decisions earlier this month advised the council that charter requires that the seat be filled by the defeated candidate for that office with the highest number of votes received in the last municipal election.
Brown was not opposed in the city’s 2011 election but two people Brian and Erin Winters each received one write-in vote on the ballot. Erin has declined interest in filling the seat but Brian is.
The council last week voted to accept Brown’s resignation and consider filling the vacancy at its Oct. 4 meeting. If it fails, the responsibility will be left to Mayor Daniel M. Knapik to appoint, according to charter regulations.
Several councilors have voiced opposition to appointing Winders because he received a single vote and question whether he was a valid candidate for Ward 2 city councilor in the 2011 election.
The charter does not define candidate, which requires 50 signatures from registered voters to appear on an election ballot. But, City Solicitor Susan C. Phillips offered that the definition of a candidate listed in Black’s Law Dictionary is “one who seeks or offers himself, or is put forward by others, for an office, privilege, or honor.”
The current charter provision for filling vacancies was written in 1963 and approved by city voters later that year.
The ad hoc committee has been reviewing the charter and City Councils rules for more than a year and have made changes, primarily references to gender and other minor areas of the document. Changes are now before the Legislature awaiting approval.
O’Connell said any significant changes in the charter, adopted by the council, will require approval from voters once the review is complete.