The recommendation is scheduled to be voted on by the City Council.
Daniel KnapikWESTFIELD – The Finance Committee voted Tuesday to recommend that the city pay $40,000 in legal fees for a First Amendment lawsuit being brought against Mayor Daniel M. Knapik.
“This is about three individuals trying to bankrupt my family, and it’s not going to work,” Knapik said Tuesday night after learning of the vote. “I look forward to my day in court.”
The lawsuit, alleging Knapik ordered the removal of political lawn signs on property along East Silver Street on Nov. 7, was filed in U.S. District Court by the Western Regional Office of the American Civil Liberties Union.
The ACLU represents City Councilor David A. Flaherty, Municipal Light Board Commissioner Jane Wensley and property owner, David Costa, of Russell. The full council will vote on the matter during its meeting on Thursday.
City Solicitor Susan C. Phillips told Finance Committee chair Richard Onofrey and member Christopher Crean that the city’s municipal code, under indemnification of certain officers, clearly states “the city shall” provide representation.
“It’s incredibly clear to me when we look at the indemnification code that we have to pay,” Phillips said. “I couldn’t more strongly recommend this. This is my opinion after 27 years of doing this. I don’t put my license (to practice law) at risk for anyone.
“We have no choice. We need to fund this,” she said.
As the attorney for the city, Phillips added that for her to advise the mayor on the lawsuit would pose a conflict of interest, especially in light of the fact that one city official is involved in a lawsuit against another one.
“We have no choice,” she said. “We need to fund his defense.”
She also noted that the city would not be responsible for Knapik’s legal expenses if he had behaved intentionally or in a negligent, willful or malicious manner.
The mayor said Phillips determined what he did was a lawful action.
“She determined that I acted within the law,” he said. “The signs posed a danger to pedestrians and motorists.”
The appropriation was originally presented to the City Council during an executive session because it involved litigation, but it was exposed to the public by Councilors Mary L. O’Connell and Agma Sweeney during the public comment portion of the regular City Council meeting held April 5.
O’Connell and Sweeney questioned the appropriateness of spending taxpayer funds on legal expenses of a civil suit.
The signs in question belonged to Flaherty, Wensley and City Councilor John Beltrandi, and were placed on Costa’s land with his permission, according to the suit, which said Knapik has a “contentious” relationship with Flaherty. Beltrandi did not join in the civil suit.
“This is to be decided by the courts,” Onofrey said. “Not by a crowd with torches and pitchforks.”