MORGANTOWN, W.Va. — More than 3 months after a three-judge panel heard testimony in a request to remove four Morgantown council members from office, a colleague called for discussion at a regular council meeting in the ongoing accusations and litigation.
In a statement, read during Tuesday’s committee of the whole meeting, Wes Nugent said, “I call on the two unaffected Councilmembers to offer consensus regarding a future removal action and to give direction to the City Manager so that he works with staff to contact the Court and receive official testimony as evidence, give proper notice to Councilmembers and the media, and prepare an action item for the second regular meeting in June or at a special meeting if necessary.”
Nugent addressed council from the audience during a public comments period.
“When he appeared before council, I was really appalled that he would question the integrity of the three judge panel,” Mayor Marti Shamberger told WAJR news.
Nugent’s remarks went on regarding the timeliness of any action from circuit court judges from Harrison, Randolph and Braxton counties who are overseeing the hearing. “The issue has persisted for far too long and it is not fair for anyone – our citizens, city, or council – to continue to be victimized by it with no end in sight.”
Testimony was given February 19 in the petition against Bill Kawecki, Nancy Ganz, Jenny Selin and Shamberger. It alleges the council members “are guilty of misconduct, malfeasance in office, incompetence and neglect of duty.” Council members named did not appear for the hearing at their attorney’s advice.
Referring to the city’s charter, Nugent noted, “Section 2.07 of Morgantown’s Charter outlines the process by which
Councilmembers are to be removed from office. Section 2.05 makes it clear Councilmembers subject to a removal action may not vote.”
That would leave a decision to Nugent and councilmen Ron Bane and Jay Redmond.
In an interview on Morgantown AM, Ganz said all claims against them were cleared by the city attorney, state ethics commission and county prosecuting attorney.
“My understanding of removal with charter processes they would have to approve fiscal irresponsibility, us giving ourselves a contract or taking money for something we should do as city council and I don’t believe any of the four of us have been involved in anything like that.”
Judge J. Lewis Marks, Jr. of Harrison County is not expected in court the rest of the week. And no date on a decision regarding removal could be confirmed.
As his June request lingers, Nugent was unsuccessful with a request to discuss the matter as an agenda item in the committee of the whole on Tuesday.
Council members said they were uncomfortable discussing ongoing litigation.