CLARKSBURG, W. Va. — The case of a member of city council in Clarksburg against his fellow members has come to a conclusion.
During Thursday night’s meeting, the council unanimously voted to authorize Mayor Catherine Goings to enter into a settlement agreement, restoring Samuel “Zeke” Lopez to a full, voting member of council.
“I want to thank my family really for supporting me and my constituents,” Lopez said. “I love the city of Clarksburg. I wanted to continue to be a council person in Clarksburg. I have a lot to give to the city of Clarksburg and I will continue doing that.”
Restoring Lopez’s voting status was the first term of the agreed upon settlement. The second term requires the City of Clarksburg to “pay Councilman Lopez the sum of Fifty Thousand Dollars, in full.”
“The $50,000 that is agreed upon by council to resolve the case, or the actions, as of right now will come out of the general fund of Clarksburg’s budget,” City Manager Martin Howe said.
The settlement comes after council members in February voted to remove Lopez from his position on the grounds he committed an act of moral turpitude when convicted of a domestic assault charge.
Lopez filed suit against the council stating they did not have the authority to take such actions.
In March, the members of council named in the suit passed a resolution to authorize the city manager to “expend city funds to indemnify members of council.
In state code 8-12-7(b) and Article 163 of the City’s Codified Ordinances allow council members to indemnify, or remove responsibility from themselves in the instance of “liability, losses, damages, expenses and costs, including court costs and reasonable and necessary attorney fees…” if there is belief the council members are acting in the interested of the public.
On top of the $50,000 dollars agreed upon in the settlement, the legal fees for McNeer, Highland, McMunn and Varner, which represented the council members will also come out of the general fund. Howe said a final total for those fees has not yet been finalized.
The agreement between the two sides was reached around December 4, one day before the case was supposed to go before Harrison County Circuit Court Judge James Matish. Earlier in that week, regarding a separate petition filed by three members of council to remove Lopez from his position, a tribunal appointed by the state Supreme Court ruled the domestic assault occurred during a previous term and no abuse of power to cover it up before the next election could be proven by concrete evidence.
One of the council members who filed the petition, Margret Bailey spoke before the passing of the settlement saying while she was disappointed with the ruling, “The judges have spoken. As I have said in the past, whether I agree or not, I will respect their decision.”
Lopez will be able to cast his first votes at the next city council meeting in January. He said he is looking forward to moving on.
“I’m just glad that the settlement is all over with and we can get back moving in a positive direction.”