David Rosenwaks’ candidacy for first selectman is a novel experience for Westport voters.
And not just because he is on the Independent Party line.
He is also running solo — without a running mate.
Which raises an interesting question: If he wins next month, who will fill the other 2 seats on the Board of Selectmen?
When there are running mates — which has always been the case in the past — the Town Charter is clear: They become 1st and 2nd selectpersons. The runner-up candidate for the top spot is the 3rd selectman (or woman).
But if Rosenwaks wins, there would be two seats to fill, on the 3-person board.
Would the first runner-up become 2nd selectman, and the next person — the one with the fewest 1st selectman votes — be 3rd selectman?
Or would the second-place ticket — both candidates from the same party — be sworn in as 2nd and 3rd selectperson?
Five candidates vie for 3 seats. From left: Democrats Kevin Christie and Amy Wistreich; Independent David Rosenwaks; Republicans Andrea Moore and Don O’Day.
“06880” asked town attorney Ira Bloom, who will advise town clerk Jeff Dunkerton (he’s got the final decision). Bloom says:
“This is an important and interesting question, which Jeff Dunkerton asked of assistant town attorney Eileen Lavigne and me several weeks back.
“We looked at the Charter, and concluded that if David wins the race, Kevin Christie and Don O’Day (the other 1st selectman candidates) would serve as the other 2 selectmen.”
Bloom said that the other option — the losing ticket candidates with the second most votes take the other 2 seats—would “in theory give that losing ticket the ability to oppose anything the winning 1st selectman proposes. That may appear unfair to some people.”
“The Charter does not expressly address this, but it does discuss an analogous situation.”
It says that if a person who is not nominated by a party wins, then the 2 defeated 1st selectman candidates become the other selectmen.
Bloom says, “We interpret this provision to be addressing the case of a person who runs alone, resulting in 2 open seats, in which case the two defeated First Selectman candidates become Selectmen. (The Charter language is, ‘the 2 defeated candidates for 1st selectman having the highest number of votes,’ because in some cases there may be more than 3 total 1st selectman candidates).”
The town attorney adds, “There is nothing in the Charter provision that would indicate that the second highest vote-getting 1st selectman’s running mate would become a selectman, which would have the paradoxical effect of giving the defeated candidate majority control over the winning candidate.”
Bloom sent along the relevant section of the town charter (section C4-1. — Composition & Election). It says:
Westport Charter § C4-1. – Composition and Election.
The Board of Selectmen shall consist of the First Selectman and 2 other Selectmen, no more than 2 of whom may be members of the same political party. No political party shall nominate more than 1 other candidate for Selectman. Such candidates shall be listed together upon the ballot or machine. No elector shall cast more than 1 combined vote for First Selectman and 1 other Selectman. The candidate for First Selectman having the highest number of votes shall be elected First Selectman, and the candidate for Selectman combined with the elected First Selectman on the ballot or machine shall be elected a Selectman. The defeated candidate for First Selectman having the highest number of votes shall be elected a Selectman. If a person is elected First Selectman who has not been nominated by a political party, the 2 defeated candidates for First Selectman having the highest number of votes shall be elected Selectman. The Selectmen shall be elected quadrennially as provided by the General Statutes. Upon election, each member of the Board of Selectmen may decide whether to be designated as Selectman, Selectwoman or Selectperson.
That settles it!
And for what it’s worth, the last line helpfully clears up the ongoing question of gender.
What a disaster.
Mr. Rosenwaks, please step down. How the heck would you govern under such conditions? Plus, having O’Day anywhere close to the front office is just not good for Westport, and you know it. A debacle, and to what end?
This all reminds me of the Coyote stories, as told by the brilliant and talented Julian Brave Noisecat at the Westport Library Story Fest this past Monday. In indigenous cultures, he explained, the Coyote character is a trickster. His new book, “I Survived the Night,” shares the stories of how people were tricked by a clever and charming Coyote.
Don’t be a Coyote. I suggest you seek out an opportunity to serve the town with distinction in some other capacity under Christie/Wistreich leadership. Only then will you be able to effect the changes you so desire in town governance.
He would govern with actual non-party determined politics, which is exactly what a first selectman should do. Town before party. That’s David’s motto and it’s what Westport deserves.
Aside from the fact that a year ago all three First Selectmen candidates were Democrats. Seems like a big win for Democrats if Rosenwaks wins. At least two out of three, and maybe three out of three, selectmen will be Democrats or Democrat leaning. What a coup. Not that it should matter that much at a local level.
I have to speak up after hearing so many effusive compliments about talking with individuals,, listening to all constituents, an independent thinker, not tied to one party, etc. As a Westport resident and business owner, I suggested to Mr. Rosenwaks that he meet with downtown business owners to hear about their needs and concerns, given our struggles with downtown development direction, especially in the commerce section.
His response? “I don’t have time” followed by “I have a conflict of interest as (intentionally omitted) of the WDA is my campaign finance manager. So, my question is who is this candidate indebted to that could jeopardize our vibrant business district? What’s the WDA planning that puts it at a conflict with businesses it is supposed to serve?l and support? So many questions.
So much for independent thinker.
He was an active Democrat who sought the party”s nomination. When he did not get it, he took his marbles and went “independent,” into the arms of a third “party.” You tell me who is playing a partisan game?
I think the more you say these things, the more people move to the Independent party, Toni. Your constant putting down of David is simply playing the Trump game now.
This is not a game. Grow up.
He was an active Democrat, supporting party candidates. He sought the Democratic Party nomination. He did not get it so he took his bag of marbles and friends and went “independent,” under the endorsement of a third political party. Who is playing partisan games, here?
Toni,
Maybe you should step away from the blogs and run for office yourself. You take up some much space in this town complaining about everything and everyone. Time for YOU to run for office!
Nope. I feel we need watchdogs for whoever is in government and that’s what I’ll continue to do. Have you read my column, Highlights and Lowlights: Gadfly?
https://open.substack.com/pub/tonisimonetti/p/highlights-and-lowlights?r=1dhpe&utm_medium=ios
Apologies: Noisecat’s book is “We Survived the Night.” That translated phrase is how his tribespeople greeted each other in the mornings. Fascinating.
Toni Simonetti Is so brilliant.
For complaining all the time?
Are you complaining again, Stephanie?
Firstly, your comment is a personal attack, which is against this blog’s code of conduct.
Second, what I do is called being engaged. My niche is news media. I’m a writer. I’m trained in journalism and freedom of information. That’s what I do. That is who I am. We need more trained watchdogs . In fact, here ‘s another column for you to read. https://open.substack.com/pub/tonisimonetti/p/freedom-of-information?r=1dhpe&utm_medium=ios
Thanks for the publicity.
Ok, Toni,
Are we free to have a third party? Is it against some kind of rule to run as an Independent candidate? Is it pro Democracy or anti Democracy to tell people whom they can and can not vote for. Is it about falling in line and pledging loyalty to party? Now, think about what that sounds like. I don’t have to pledge loyalty to a party in a Democracy.
Nobody that I know reads your publications.
Whew! Not my demographic.
I am going to the No Kings March today! Why? I am an independent thinker and voter! I do not fall in line with, by or to a king or a king of any party that tells me I MUST pledge loyalty.. or else!
I will always vote against any Trumpian! I also am not sure you are the best voice for the DNC just bc you are the loudest and most visible on blogs.
whew, people who demand pledge allegiance or else… not my kind. DEMOCRACY NOW!
So if Mr Rosenwaks wins, the Democrats will have an effective majority, and that is not even counting long-time Democrat O’Day amongst the majority.
As a Democrat, I see no problem here.
(Given the results of the election four years ago, someone should ask the FS candidates if they will serve on the BOS if they fail to win.)
Dan, thanks to you and Ira Bloom for clearing this one up for the voters.
Thanks Dan for flagging. It speaks volumes that Rosenwaks was unable to convince anybody to run with him. If you can’t even find a running mate, that does not bode well for the ability to govern, especially alongside your former opponents.
Maybe he didn’t try? Who cares? But spin it however you want.
What I’m noticing is that the Democrats who are attacking David Rosenwaks are all DTC members, who don’t necessarily represent Democratic voters in the slightest. Of course, the DTC also seems to be opposing the Harris and Shackleford campaigns, which makes absolutely no sense at all, having already pulled one of their hand-picked candidates out of that race.
If Stephanie Frankel has said anything here that I 100% agree with, it is that the constantly negative comments from DTC members pushes voters toward an alternative who isn’t politics as usual. It also betrays a complete lack of faith in their DTC hand-picked candidate’s ability to win this election, which won’t inspire the voters that they would like to attract.
I’ve said it before, but the Democrats have found a way to lose the last three BOS races. It doesn’t take a third party candidate to draw that roadmap for DTC leadership. They seem to have it memorized. If they blow this election, maybe some new DTC leadership is in order.
Chris is spot on. Although I don’t reside in Westport, I know David and his passion for service. Toni’s attacks are equal to the ‘deplorables’ label used not too long ago. We know how that turned out.
I only hope she continues, maybe David can have someone sing, ‘I Never Promised You a Rose Garden’ at his victory party.
Tune her out.
Celine and Stephanie
For a couple of women who claim not to read my columns and profess to tune me out, you certainly have a lot to say about me.
ICE is in your backyard and ripping your neighbors from their homes. The National Guard is deployed against US cities and neighborhoods. The Department of Justice has become a tool for political persecution.
But it could never happen here, in our cute, affluent, safe, clean, “nonpolitical” Westport.
Your calls to silence political criticism bring to mind the words of Marin Niemöller in 1946:
“First they came for the socialists, and I did not speak out—because I was not a socialist.
“Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.
“Then they came for the Jews, and I did not speak out—because I was not a Jew.
“Then they came for me—and there was no one left to speak for me.”