SALEM, W. Va. — Despite the public speaking on his behalf at a hearing Tuesday night, Salem Town Council voted to dismiss Town Manager Joe Davis.
“The council felt that they needed to vote that way, to remove him,” Mayor Bobby Samples, the deciding vote in the 4-3 split said.
Davis’ removal comes after council voted to suspend him with pay back on December 3 for writing a letter urging Harrison County Circuit Judge John Lewis Marks Jr. to allow former Town Manager David Mayle to serve the remainder of his prison sentence on home confinement, signing the letter with his title of town manager. Mayle was found guilty of embezzling nearly $44,000 of Salem’s funds in 2012.
Davis explained he wrote the letter after Mayle’s father approached him.
“His health is not good, his wife’s health is not good and David Mayle was their principle caregiver,” he said. “I never asked the judge to turn him loose. I told the judge that I thought home confinement would suit just as well as him being incarcerated and that way he could still be caregiver for his parents.”
Council took issue with the letter due to the fact Davis used his title, arguing it portrayed the town as having the same opinion. Davis argued using his title was the same as a teacher giving a recommendation for a student attempting to get into college and he was exercising his right to free speech.
As the town’s charter dictates, Davis requested a public hearing before the council’s vote.
Eleven members of the public spoke, all in favor of keeping Davis as Manager, with more present in solidarity. Among them were Mayle’s parents and Police Chief Swiger –who also wrote a letter to the judge on Mayle’s behalf, but did so on the department’s letterhead and is also a subject of the council’s disapproval.
After Davis closed the public comments by listing the positive things done in Salem since his tenure began in 2012, the council voted 4-3 to not drop the suspension and then again 4-3 to approve the resolution to remove him.
“Council is supposed to be a representative of the city. The people that spoke for me are the people that put them in office,” Davis said. “I failed to realize when all the comments were made were positive, they would take a negative approach and end up firing me.”
Ultimately, Davis said he was disappointed with the result.
“I just feel as if an injustice has been done. They defamed my character. I had a reputation in town which wasn’t bad but now it’s been tarnished. I blame it all on the full council members and I’m upset with their decision.”
Mayor Samples said after the hearing the city would advertise for a new town manager and that Public Works Director Ronnie Davis will continue to serve as acting manager.