SUMMERSVILLE, W.Va. — A second petition to remove two Nicholas County Commissioners from office has been dismissed by a three-judge panel.
Kenneth Culp, a Nicholas County businessman and retired CPA, and George Mace, a retired professional surveyor, filed a petition for removal in Nicholas County Circuit Court in April–just three months after another petition was officially dismissed.
At a hearing in June, Attorney Duane Ruggier filed the motion to dismiss on behalf of Commission President Ken Altizer and Commissioner John Miller.
The three-judge panel, consisting of John W. Hatcher of Fayette County, Judge Alan D. Moats from Taylor County, and Judge Jennifer Baily from Kanawha County, concluded that the petition did not include the proper number of signatures to advance the petition.
They also concluded, similarly to the previous panel, that the removal of elected officials is a “drastic remedy.”
Attorney Duange Ruggier released the following statement in an e-mail:
“We were pleased with the dismissal of the petition as the dismissal of the charges was proper. This is, unfortunately the second time several of the Commissioners had to fight such an improper action. They were victorious on both occasions as there was never a finding of any official misconduct. Interestingly, this removal petition was the catalyst for the WV legislature to change the removal statute. It is now much more difficult to overturn the will of the voters and attempt to remove an elected public official from office.”
The full petition alleged that the two Commissioners were guilty of:
- Failing to adequately supervise the general management of the fiscal affairs and business of Nicholas County under West Virginia Code 7-1-5
- Are guilty of malfeasance in office, incompetence and neglect of duty under West Virginia Code 6-6-1
- Are guilty of appointing and/or retaining incompetent persons under West Virginia Code 6-6-1
- Are guilty of the willful waste of public funds under West Virginia Code 6-6-1
- Are guilty of financial malfeasance under West Virginia Code 6-6-7 (a) through ignorance and inattention
- Are guilty of failing to segregate County funds in separate bank accounts as required by legal agreements and/or the law
- Are guilty of violating the United States Constitution, Article I of the Bill of Rights by limiting the public’s right “to petition the Government for a redress of grievances”
- And have refused to take responsibility for their actions
A different three-judge panel dismissed the first petition for removal in January.
This panel also noted that it “appears that Mr. Culp and Mr. Mace may have engaged in the unauthorized practice of law as their conduct relates to this case.”
Mr. Culp has not yet responded to a request for comment.