CHARLESTON, W.Va. — The West Virginia State Supreme Court has upheld the decision of a three-judge panel denying a petition to remove four members of Morgantown City Council from office.
In a memorandum decision filed on Friday, the court found no substantial question of law and no prejudicial error after reviewing the briefs and testimony from the original hearing in 2016.
Click here to read the entire Supreme Court decision
Morgantown resident George Papandreas intially filed the petition seeking the removal of city council members Jenny Selin, Nancy Ganz, Marti Shamberger and Bill Kawecki.
In the three-judge panel’s original ruling, with regard to a claim against Bill Kawecki, who admitted to mistakenly sending an email regarding his campaign for re-election to a list that included city employees, the panel made up of Circuit Court Judges John Lewis Marks, Jr., Richard Facemire and David Wilmoth decided no action should be taken.
In the decision dated June 10, the finding read, “The three judge court finds that the March 22, 2015 Kawecki email violation is de minimis and does not warrant the draconian sanction of the respondents’ removal from office.”
Regarding redistricting of two city wards that kept councilwomen Nancy Ganz and Jenny Selin from running against each other in a re-election bid, the decision read, “The three judge court cannot find that the respondents’ actions as concerns with the Wards and Boundary Commission proposal and subsequent voting are unlawful or unethical in any way to warrant a removal from office.”
Mayor Marti Shamberger, accused of using her position to request special favors and personal treatment from the city police department, will keep her position under the panel ruling.
“The three judge court finds the respondents did not interfere with administration by informing various city personnel of relevant issues by discussing numerous issues and concerns with city personnel and making request for information or services.”
The request for a removal hearing sparked by businessman and former council candidate George Papandreas was filed October 8, 2015. The hearing, at which the council members were not present, was held February 19, 2016 in Monongalia County Circuit Court.
The final decision by the panel went on to say, “Petitioner George Papandreas has failed to prove that the acts rise to the level to justify removing from office officials who have been duly elected by the electorate.”