MORGANTOWN, W.Va. – The retaliation case brought against the city of Morgantown by members of the International Association of Fire Fighters Local 313 has been continued in order to recall two prior witnesses.
The retaliation claim was filed with the commission following new personnel rules implemented July 1, 2022 after firefighters pursued lawsuits over holiday backpay and compensation in 2019.
The Fire Civil Service Commission granted the continuance requested by attorney representing the firefighters, Joshua Miller from Toriseva Law to subpoena City Manager Kim Haws and Human Resource Director Jim Bihun again for additional testimony. Miller told the commission testimony of Assistant City Manager Emily Muzzarelli and changes to the new personnel policy made November 11, 2022 have created additional questions for both.
A request made by WAJR News for the specific changes made to the new personnel policy on November 11, 2022 has yet been honored.
Miller, and Kay, Casto & Chaney attorneys representing the city, Ryan Simonton, Erin Webb and Matthew Elshiaty have agreed on ten potential days in January and February for next hearing date to accommodate schedules of upcoming witnesses.
Each side will review the dates with upcoming witnesses from Morgantown, city council and members of the fire department, communicate back to the commission to schedule the next hearing date. Haws and Bihun will be the final witnesses to avoid an additional appearance before the commission or continuance of the litigation.