By Stephen Smoot
The Town of West Milford came before the Harrison County Commission last week to defend its right to exist – and came away with the full support of the Harrison County Commission, but expressed in different ways.
Donald Myers came before the Commission during the public comment period with a signed petition of West Milford voters, claiming they all supported dissolving the charter for the Town of West Milford.
During public comment, Commissioners must allow the individual to speak their allotted time with no response or interruption.
He opened with “why did I run a petition to dissolve the Town of West Milford,” then stated that “there’s no legal public official elected or appointed in the town,” that its continued existence, among other issues, denies Harrison County residents their Constitutional rights, and that the Town has no legal government.
Myers also stated that since no oaths of office were filed with municipal or county officials, that the officials’ positions and acts were null and void.
He then cited State Code 8-35-1 “which was violated at the last city Election (sic) when only 15 legal votes were cast.” That statute dates back to 1969.
That part of State Code refers to “Forfeiture of Charter or Certificate of Incorporation” and goes on to read:
Any municipality heretofore incorporated or which shall hereafter be incorporated and which has no substantial indebtedness, and which shall fail for one year to exercise its corporate powers and privileges, or which has not twenty qualified voters, or in which there were not twenty legal votes cast at its last election, or the population of which shall be reduced below one hundred persons and so remain for six consecutive months, shall in either event have its charter or certificate of incorporation and all rights, powers and privileges so conferred upon such municipality forfeited.
The law, however, places the ultimate decision in the hands of the “county court,” a legal name for the body which has since been changed to either county commissions or county councils in West Virginia counties.
Code also requires that the dissolution cannot take place until the debts of the municipality have been paid.
After claiming that every act of the Town represented “a federal felony,” County Commission President Susan Thomas cut him off with “Time’s up, Mr Myers,” who replied “I expect something done.”
Town officials, led by Mayor Todd Somers and Council Member Patty Flowers, got their say as well in the public comment period, sharing the numerous projects completed and underway for the benefit of the people of the Town. That included a major water project and other programs.
They admitted that voting turnout was very low, but said that they have sought, like Shinnston and Clarksburg, to synchronize Town and County elections for convenience of both government and voters.
Additionally, officials pointed out legal irregularities in the petition, including possible confusion between two separate petitions run by Myers simultaneously. One supported dissolving the Town, while the other advocated legalization of marijuana.
“This guy is going around from town to town around Harrison County stirring up trouble,” one official remarked. Earlier in the year, Myers challenged the existence of the Town of Lumberport, but did not bring the matter before the Commission. They ended with “according to him, you guys (the Commission) are not elected either.”
Later in the meeting, the Commission took up the question as an agenda item.
Commissioner David Hinkle queried if the signatures on the petition had, in fact, been verified and heard they had not. He said “I’m not sure there’s an issue unless they’ve been verified.”
When comments were heard from the gallery, Thomas quickly moved to restore order, saying “this is not a hearing.” She apologized for speaking sharply, but not for the need to keep order.
Trey Simmerman, County counsel, explained that the legal questions hinged most on the subject of Town debt. If “substantial,” then the County could not dissolve the Town even if it wished to. He stated that no case law or State Attorney General opinion existed to clarify and called the language of the law “disjunctive.”
Simmerman concluded that the law leaves to the County Commission the question of whether the debt precludes dissolution.
Commissioner David Hinkle asked specific questions about debts and assets, but reassured West Milford officials that “I’m trying to put this to rest for you all.” He explained that a report of assets and debt to show the level of debt incurred by the Town would help to prevent this situation from coming about again.
Hinkle made a motion to give the Town time to come up with the information, bring all parties back in two weeks at the next regular meeting, and “make a true, legal ruling.”
“Certain parties will continue this down the road,” he stated, “until we put it to bed.” Hinkle’s concern lay in the possibility that Town assets might figure higher than the debt.
“I guess this is one time the city wants debt,” he quipped.
Thomas and Commissioner Patsy Trecost, however, voted instead on a motion to go ahead and reject the petition. It passed unanimously with no objection from Hinkle.
After another voiced objection, Commissioner Patsy Trecost asked if Thomas would allow a sheriff’s deputy to escort the next one who spoke out of turn from the Commission meeting room.
No further objection manifested itself.
The Harrison County Commission through the discussion and vote expressed its support for maintaining the municipal government as it currently stands.