Westfield Mayor Daniel Knapik seeks options in filling Ward 2 City Council seat

The mayor inherited the responsibility of filling the vacancy when the City Council failed to do so by an Oct. 4 deadline.

WESTFIELD – Mayor Daniel M. Knapik is reviewing “all options” in his new responsibility to fill the vacant Ward 2 City Council seat.

Daniel M. Knapik

Knapik said this week he has asked the city Law Department to research “any and all options” he has before he decides when and how to fill the vacancy created with the resignation Sept. 1 resignation of James E. Brown Jr..

James Brown

The mayor inherited the duty of filling Brown’s vacancy Oct. 4 with the City Council failed to appoint someone to fill the Ward 2 seat.

Knapik held the Ward 2 council seat for about eight years prior to his election three years ago as mayor. Brown succeeded Knapik as the Ward 2 councilor and was unopposed in his 2011 re-election bid. Brown cited employment responsibilities as his reason for resigning.

The council’s failure to fill the vacancy resulted from reluctance by a majority of its members to appointing a Ward 2 resident who had received a single write-in vote in the 2011 city election. The council had a deadline of Oct. 4 to fill the vacancy or refer the responsibility to the mayor.

City Solicitor Susan C. Phillips was unable to be reached for comment concerning the mayor’s options. But, two Law Department opinions issued to the City Council in September cited a City Charter requirement that the council appoint the next “defeated candidate” from the last municipal election to fill the vacancy and identified Brian S. Winters as the defeated candidate.

Phillips had told the council that the Charter does not define “candidate” but Black’s Law Dictionary defines a candidate as “one who seeks or offers himself, or is put forward by others, for an office, privilege or honor.”

Winters and his wife Erin, both of 34 Cross St., each received one write-in vote on for Ward 2 City Councilor on the 2011 election ballot. Erin Winters has declined interest in filling the seat.

Both Winters are listed a plaintiffs in a Superior Court suit, against the mayor and council, trying to block construction of a $36 million elementary school on the corner of Cross and Ashley streets.

Brian Winters has said he is removing his name from the suit. Several councilors also cited the pending court action as reason of concern in voting to appoint Winters to the seat.