MORGANTOWN, W.Va. – The ordinance establishing a civilian police review board in Morgantown was struck down by a circuit judge Thursday.
Monongalia County Circuit Judge Susan Tucker ruled the board would interfere with the established police civil service commission.
The Morgantown Civilian Police Review and Advisory Board was created by Morgantown City Council last year to accept complaints, audited policies and procedures and review findings of internal investigations and make recommendations to the chief of police. The ordinance also gave the board authority to review evidence and interview witnesses or the complainant.
Wheeling-based attorney Teresa Toriseva represented the members of the Monongalia/Preston County Fraternal Order of Police members and argued the board would have interfered with the established commission.
“If you don’t have civil service protections and consistent policing it would be very chaotic, and frankly it would affect recruiting and retention,” Toriseva said.
State lawmakers developed the Civil Service Code to govern police and fire personnel because departments are not allowed to unionize or strike. West Virginia Attorney General Patrick Morrisey weighed on the ordinance early on saying,” That kind of proposal would violate state code.”
“The legislature determines these things and if there are issues or concerns that citizens or community groups have they need to go to the legislature to get it changed,” Toriseva said. ” You can’t change it at the city level, they don’t have the power.”
Morgantown officials still have the opportunity to appeal the order
“The city will decide if they want to appeal,” Toriseva said. “But, until it does and unless it got a reversal on appeal the ordinance is declared illegal, it’s invalid. It’s as if it never passed.”
State law dictates how police are handled in the event of a dispute. It also clearly describes the composition of the Police Civil Service Commission that is the established review board for police actions, according to Toriseva.
“Police officers get investigated and they get disciplined,” Toriseva said. “If they don’t follow the rules they suffer pretty significant consequences very much like the military.”
According to Toriseva, civil service law protects the community while considering employment rights in a non-political fashion.
“Civil service offers all of those protections and keeps them in line, but also balances it from this idea of politics informing how we judge police officers,” Toriseva said.