MORGANTOWN, W.Va. — A three-judge panel could take several weeks to make a decision on whether four members of Morgantown City Council should be removed from office. The panel heard several hours of testimony Friday.
Morgantown business owner and former council candidate George Papandreas claims Bill Kawecki, Nancy Ganz, Jenny Selin and Mayor Marti Shamberger violated the city’s charter warranting their dismissal from office.
In an 11-page petition, six separate counts spell out the accusations. It alleges the council members “are guilty of misconduct, malfeasance in office, incompetence and neglect of duty.”
None of the four elected officials attended the hearing on the advice of their attorney Lonnie Simmons.
Papandreas did testify for more than an hour accusing the four of not doing what they were elected to do.
“When these folks had the opportunity to chose between sworn duty because of the office they sit in and self-serving politics, it seemed like they always leaned toward self-serving politics,” Papandreas said under oath.
Pulling from a binder of files at least three inches thick, Papandreas and his attorney cited emails from more than one of the four council members they claim is proof of interference with administration.
Kawecki is accused of soliciting campaign support prior to the April 28 election through an email sent to hundreds of people including several dozen Morgantown city workers.
“I’m seeking a second term on city council and I could use some help,” Papandreas read from the Kawecki email his attorney submitted for the court’s review. “Financial contributions to me or to Morgantown Together, the political action committee has endorsed me, are welcomed and unfortunately necessary, but I really could use volunteers.”
Further into the hearing, Papandreas claimed an email from Selin to Assistant City Manager Glen Kelly, included directives during council’s consideration of an ordinance to ban truck traffic through downtown.
“It says; please do not work on increasing the weight limits on non-interstates without agreement of council. It would be better strategically to all be on the same page as we head into lawsuits and meetings with legislators,” Papandreas read.
Several city employees were called to testify Friday including City Manager Jeff Mikorski. Mikorski was asked to explain an interference with administration.
“An order from a council member to an employee for their direct action I guess,” stated Mikorski.
“And that’s what we know that all four of these folks did, correct?” asked Papandreas’ attorney, Mark Kepple.
Mikorski responded, “There are emails that are direct communications to employees. Yes.”
Papandreas testified on the matter reading from the city charter.
“Except for the purpose of inquiries and investigations under section 2.09, council or its members shall deal with the city officers and employees who are subject to the direction and supervision of the city manager solely through the manager and neither the council nor its members shall give orders to any such officers or employees either publicly or privately. Violation of this provision shall constitute grounds for removal from office,” he recited.
Simmons asked few questions of those on the stand, but according to Judge John Lewis Marks, any objection can be specified when the attorneys review a transcript of the hearings and return it to the judges with their facts, findings and opinions.
Friday afternoon, Mayor Marti Shamberger offered a statement to Metronews affiliate WAJR-AM.
“I am glad that the hearing was held today and that the petitioners had their day in court. I am confident in our attorney, Mr. Lonnie Simmons, and believe that the removal action will be denied. As elected city leaders we need to keep moving our city forward in a positive direction,” Shamberger stated.
Circuit court judges Marks, Richard Facemire and David Wilmoth could make a decision within three weeks.