SUMMERSVILLE, W.Va. — A three-judge panel did not set a timetable for a decision on the removal of two Nicholas County Commissioners during a Thursday afternoon hearing.
The defense, led by attorney Duane Ruggier, requested a summary judgment and dismissal of the case, Thursday.
The panel heard short arguments from both sides before ordering the petitioners and the Commissioners each submit a Finding of Facts and Conclusion of Laws document by no later than Friday, October 2 at 5 PM.
The initial complaint is more than two years old. The petitioners believe that County Commissioners–Ken Altizer, John Miller, and former Commissioner Dr. Yancy Short–attempt to hire a County Administrator violated state code and the state Constitution. They argue these violations are grounds for removal from office.
“It’s a violation of the West Virginia constitution and the West Virginia code,” Tim Clifford, speaking on behalf of the petitioners, told MetroNews.
The discrepancy, at least according to the County Commission, is based around two different statutes of West Virginia code that seem to contradict one another in the creation of a County Administrator or County Coordinator.
“These County Commissioners, based upon the legal advice of two other attorneys, said we can establish the position of County Coordinator under 7-3-1m, and it doesn’t have to be something that is submitted to the voters,” Ruggier said.
The discrepancy centers on whether the creation of such a position requires a county-wide vote.
“The difference between the two statutes is whether you have to submit a County Administrator or create the position of County Administrator/Coordinator, whether you have to submit that to the voters or whether or not it can be done simply by the vote of the County Commission,” Ruggier said.
Ruggier said the Commissioners did not do anything that would warrant a removal from office–saying that a difference of interpretation of two seemingly contradictory statutes does not meet the expectations required for removing an elected official.
“You can disagree with something that a political leader does or an election official does, but that doesn’t mean just because you disagree with that it rises to the drastic remedy that is required to remove a county official from office,” Ruggier said.
The Nicholas County Commission abandoned the County Administrator position less than six months after they created it.
The Supreme Court of Appeals voted 3-2 to uphold a lower court ruling that there was a code violation by the Commissioners.
“It’s been an uphill struggle, and we’ve won everywhere–even the State Supreme Court,” Clifford said.
But the West Virginia Ethics Commission did not find any ethical violation on the part of the Commissioners.
“What these Commissioners did was already found by the West Virginia Ethics Commission not to be unethical,” Ruggier said. “And the actions of these County Commissioners does not rise to the level of the drastic remedy required to remove a public official.”
“The Ethics Commission is a waste of tax payer money,” Tim Clifford said.
39 other counties in West Virginia have a County Administrator/Coordinator position.
The three judge panel includes Judge John Hatcher, Judge Philip Gaujot, and Judge Tim Sweeney.