FOP attorney: Morgantown police oversight ordinance could still land in court

MORGANTOWN, W.Va. – The attorney representing the Mon-Preston Fraternal order of police. Teresa Toriseva is pleased the current citizens police review committee ordinance passed by Morgantown city council, some provisions could still send the two sides to the courtroom.

“Most of what offended civil service and violated state law has been taken out of this ordinance,” Toriseva said,” In concept, of course the FOP is not opposed to what some of the goals are.”

Additionally, Toriseva believes the national climate regarding policing and a lack of a clear understanding of how the existing process works could be part of the reason officials spent 10 months producing the ordinance that would ultimately be pared back.

“The Civil Service Commission that reviews investigations is not made up of police officers. It’s made up of three people- one appointed by the city, one appointed by police and one by the community,” Toriseva said,” So, I think there’s a lot of misinformation about the need because of fears based on what we’re seeing on the national news.”

There are two concerns about the ordinance for Toriseva. One provision that would allow the board to interview witnesses and the other that would allow the board to provide input to the chief of police prior to a final decision is made regarding discipline.

“Unfortunately, we’re still headed to court,” Toriseva said,” It is a much more discreet couple of issues than what really was a disaster of a proposal that has mostly been gutted.”

City council can still amend the provisions from the ordinance to avoid court.

Toriseva and Attorney General Patrick Morrisey raised caution when some provisions would violate portions of state code. Those things included allowing the nine person board investigatory powers and the ability to hold hearings.

“We still hope to avoid court, but if this ordinance passes as is we will challenge the provisions that violate civil service laws,” Toriseva said.

Toriseva noted every use of force incident in Morgantown is reviewed, police officers wear mandatory body cameras and choke holds are, and have been banned well before May 25, 2020. Further, she says police officers want more transparency.

“We’re simply pushing back on anyone trying to chip away at the Police Civil Service Commission which creates and governs every aspect of hiring, firing, discipline and investigation of police officers in the entire state of West Virginia.”