MORGANTOWN, W.Va — Three days after members of the Morgantown police and fire departments issued a joint vote of “no confidence” in city leadership, two separate lawsuits have been filed claiming the city retaliated against them for previous legal actions.
Separate complaints were filed Wednesday in Monongalia County Circuit Court – one by 48 members of the International Association of Firefighters Local 313 and a second complaint on behalf of 43 members of the Mon-Preston Fraternal Order of Police Lodge 87.
In the filing, firefighters claim the city retaliated for previous legal challenges by reducing pay and benefits and allege “unprecedented challenges” in recruiting and retaining firefighters. The lawsuit goes on to claim that minimum staffing levels are rarely met.
The lawsuit also claims that under the city’s new personnel policies firefighter pay and leave time is impacted, resulting in as much as a $1,260.60 reduction in pay each year.
During an interview Wednesday on WAJR’s “Talk of the Town” IAFF Local 313 President Mitchell Beall stopped short of calling the city’s actions retaliatory.
“I would just have to say that when you look through the rules and regulations and where they came out saying that wanted it to be fair for everyone and it’s not fair for everyone and the 56-hour firefighter is penalized the most with the rules and regulations, as well as the police department, we feel like we are definitely at a bigger disadvantage than most. You can read between the lines. It doesn’t feel like everything is above board,” said Beall.
Listen to “Talk of the Town | September 7, 2022” on Spreaker.
Firefighters previously sued the city alleging they had been improperly compensated for working holidays.
The FOP made a separate filing also claiming the police department is struggling to retain and recruit officers, noting that 55 of the 76 authorized positions are filled. The officers’ complaint alleges personnel policy changes reduce chances for overtime, eliminates the ability to accrue additional sick leave, additional vacation leave and additional holiday leave.
Members of the FOP have also been to court with the city, challenging the creation of the Civilian Police Review Board. Their lawsuit succeeded in stripping the board of any authority to be involved in any official personnel matters.
FOP Lodge 87 President Brandon Viola was also asked on “Talk of the Town” if he believed the city’s actions were in retaliation for past litigation.
“I can’t see that it could be anything else,” Viola stated. “The way the HR policy disproportionately affects the police and fire more than any other agency within the city, I don’t see how it could be anything else.”
Both the firefighters’ association and the FOP accuse the city of violating their rights to petition for redress of grievances, official retaliation by city government actors, violating the West Virginia Wage Payment and Collection Act and violating the state Whistle-Blower Law.
They are each seeking compensatory damages, interest, attorney fees and court costs.
Additionally, both groups have filed petitions with their Civil Service Commissions requesting public hearings within ten days on the pay and compensation issues.