METHUEN — City Solicitor Peter McQuillan is looking into whether School Committee member Kenneth Henrick can give the seat he won in Tuesday's election to fellow incumbent George Kazanjian, who was ousted by voters.

McQuillan said there's no question that Henrick can resign from the School Committee. But McQuillan said he has to answer a legal question: whether the next highest vote-getter — Kazanjian — would immediately assume Henrick's position.

McQuillan said he is looking at city and state laws. He said he was not sure when this will be resolved.

Henrick received 3,487 votes and came in sixth in the School Committee race that drew eight candidates who competed for six at-large seats. Kazanjian placed seventh with 3,482 votes.

Henrick, 70, said he wants to give the seat to Kazanjian, 61.

"I beat Kazanjian, who is my buddy, by five votes. He's younger than me and he's a sharp guy. I feel badly," Henrick said Tuesday night.

City Clerk Christine Touma-Conway said she has never seen that happen before.

Mayor and School Committee Chairman William Manzi read the School Committee charter during an interview yesterday and said the document says the School Committee would be compelled to fill the vacancy within 21 days by selecting the person finishing next in line in the election, as long as that person received at least 20 percent of the vote.

None of the candidates received 20 percent of the vote. That means nobody is eligible for automatic appointment. Because of that, the School Committee would have to select someone from the public to fill the seat should Henrick choose to resign. That could include Kazanjian, said Manzi.

Henrick's resignation would not trigger a special election under any circumstances, Manzi said.

"The charter provision is clear on that," he said.

McQuillan said he is reviewing the School Committee charter, along with state law and case law.

"It's prudent to always review state law and case law and reconcile the same with our local ordinances in order to confirm an opinion," he said.

Henrick said yesterday that he is waiting to see how McQuillan rules.

"If it's not in the best interest of the city, if they could just pick anyone they want ... I would be a little hesitant," he said.

Henrick said that right now, he thinks the School Committee is better off with Kazanjian, who he called "a bright, bright man who knows those budgets."

"He loves going through everything and being part of the system. This is new to him. He's a vibrant guy who really cares about the city and the students," Henrick said.

Kazanjian is wrapping up his second term.

Henrick said he ran because he cares too, but he hopes his supporters will understand if he resigns.

"I'm trying to do it for what I believe to be the best thing for the system," he said.

Henrick also said he would spare the city a recount by giving up the seat to Kazanjian.

"He has a right to call for a recount, obviously that would cost a lot of money," Henrick said. "I just figured, 'What the hell? I'll do the right thing.'"

Kazanjian did not return phone calls seeking comment yesterday.

Touma-Conway said there have been no requests for recounts.

Henrick's desire to step down has drawn criticism.

Political newcomer Jeri-an Batal placed last in the School Committee race with 2,984 votes.

"I'm very happy with my vote and I feel badly for the voters who voted for Mr. Henrick because that is very insulting to them," Batal said.

"You run for an office and you serve if the voter elects you. This isn't a game and it shouldn't be treated as a game," incumbent Robert Vogler said Tuesday night after winning re-election by placing third with 3,913 votes.

ÔÇæÔÇæÔÇæ

Join the discussion. To comment on stories and see what others are saying, log on to eagletribune.com.