City Council mulls curtailing powers of lame-duck mayors

March 9, 2022 | Amy Porter
aporter@thereminder.com

WESTFIELD – City Councilors are looking to make a change to the city charter that they believe other communities would like to make, but haven’t yet: limiting a lame duck mayor’s powers to act after losing an election.

They raised the prospect of a city charter amendment last week after a rare vote, last month, to reject a union contract that had been negotiated by former Mayor Donald Humason Jr.’s administration and signed by the mayor in December, after he had lost a re-election bid but before his term had expired.

The police Patrol Officers Coalition contract was sent back to the mayor – now Michael McCabe – and union to be renegotiated, after councilors balked at the cost of the proposed salary increases and expanded educational bonuses. On March 3, Ward 2 Councilor Ralph J. Figy led a 13-0 vote to request that the Law Department explore how the city charter could be amended to reduce the powers of a lame-duck mayor, particularly one who had run for re-election and lost. Figy’s proposal also asks to clarify the selection process in the event of a vacancy on the City Council. The proposals will also be forwarded to the council’s Legislative and Ordinance Committee. Other signers on the motion included councilors James Adams, Michael Burns and Richard K. Sullivan Jr.

Figy said he was prompted by the timing of the patrol officer contract, though he stressed that Humason did not break any laws and stayed entirely within his authority under the current charter.

“Nothing was illegal,” he said at the meeting, but later added signing a contract at the end of December before leaving office “shouldn’t be.”

Figy also said he had asked as a member of the Massachusetts Municipal Association, and apparently no other community in the state has a charter with separate rules for a lame-duck mayor.

“I can’t agree with this more, and would like to put my name on this motion,” said at-large Councilor Brent B. Bean II during the discussion.

At-large Councilor Dave Flaherty said he agreed, and also wanted his name on there, “particularly when it comes to [the] lame duck and defeated candidate. I believe they should have the same powers as [an] acting mayor,” he said, adding if the council begins amending the charter, more things may need to be changed.

Ward 5 Councilor John J. Beltrandi III and Ward 6 Councilor William Onyski also asked that their names be attached to the motion, which passed unanimously.

Figy served as acting mayor when Mayor Brian Sullivan left in November 2019 to take a new position as director of Green Communities for the state, after announcing that he would not be seeking another term.

Figy said as acting mayor, he handled the normal activities that came through the office such as transfers within departments and bills that had to be paid. But he couldn’t propose new spending unless there was an emergency which he would have brought to the council; or sign contracts, or hire people.

“Westfield’s not the only community that’s having issues with it,” Figy said. “Nobody else has [a rule]. Usually, it’s a gentlemen’s agreement.”

Figy said that the Law Department will map out the road to make the changes. “Some things in the charter require a referendum by the public,” he said.

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