CLARKSBURG, W.Va. – U.S. District Judge Thomas Kleeh has ordered law suits filed by police officers and firefighters back to Monongalia County Circuit Court.
Toriseva Law, Teresa Toriseva filed the lawsuits on behalf of the 48 members of the International Association of Fire Fighters (IAFF) Local 313 and 43 members of the Monongalia-Preston County Fraternal Order of Police Lodge 87, asserting the city took retaliatory actions after previous lawsuits regarding pay and benefit issues were filed.
Both suits were filed after both groups issued a vote of “no confidence” in the city administration and elected officials.
“We’re eager now to move forward in this venue, which is the proper venue,” Toriseva said. “The first responders are all very eager to have their day in court in Monongalia County.”
In his ruling Judge Kleeh said, “The defendant fails to cite any provision of the complaint to support its claim that a federal question exists here.” Instead, the defendant argues it “must rely on” the Fair Labor Standards Act to defend the matter.”
When Morgantown personnel rules changed pay and benefits for police and fire in the summer of 2022, both groups filed legal action, calling the changes retaliation for past legal action regarding holiday pay. The complaint said the new rules eliminate pay categories like master firefighter, longevity, hazards, and shift differential. The new rules eliminate sick time and limit the amount of paid time off first responders can accumulate.
Firefighters also attempted to resolve pay and retaliation issues through the Fire Civil Service Commission, but those efforts stalled in the fall of 2022.
“There has been no development in terms of mediation or talks of settlement between the parties,” Toriseva said. “We remain ready to always have those talks where firefighters, police officers, and public safety issues can be addressed.”
With the backdrop of an ongoing legal battle, Morgantown City Council recognized National Police Week from May 9 through 20 and National Police Memorial Day, May 15, with a proclamation, but there were police representatives to accept or make comments. The presentation was made without mention of International Firefighters Day, celebrated on May 4.
“Both fire and police are saying the same thing,” Toriseva said. “They feel retaliated against; they do not feel appreciated, they do not feel the city recognizes, respects, or honors their efforts.”
Toriseva said the next step for this portion of ongoing litigation is to schedule hearings and begin discovery. But a legal judgment in the case is not expected in the near future.
“Civil litigation unfortunately always takes too long, and it could take a couple of years,” Toriseva said. “But we hope it moves more aggressively; some work has been done.”
Still to be decided is the appeal of the 2021 court ruling by Monongalia County Circuit Court Judge Phillip Gaugot in favor of the city of Morgantown in the firefighter holiday backpay lawsuit in 2019. That suit claimed firefighters were only paid 12-hours for each holiday shift when they actually worked 24-hours.
“We’re also going to be arguing at the West Virginia Supreme Court of Appeals this September regarding the holiday pay ruling that is on appeal regarding the Morgantown firefighters,” Toriseva said.
Both sides are seeking compensatory damages, interest, attorney fees, and court costs.