HUNTINGTON ÃÛÁÄÖ±²¥” Milton City Council reversed a decision to strip voting rights from the city recorder during a regular meeting Tuesday.
The council voided a special Milton City Council meeting that took place July 31, which took voting rights from City Recorder Phyllis Smith.
When the regular council meeting began Tuesday, the council went into executive session; however, they did not provide a reason for the executive session as required by state law. Members were in executive session for approximately 13 minutes.
Councilman Chase Bryant read aloud a letter he and councilman Scott Foster wrote, urging the recall of the vote.
ÃÛÁÄÖ±²¥œThis decision violates West Virginia State Code 8-9-2, which governs the recorderÃÛÁÄÖ±²¥™s duties, and undermines fair representation,ÃÛÁÄÖ±²¥ the letter states.
ÃÛÁÄÖ±²¥œAdditionally pursuant to our city ordinance, the Mayor cannot unilaterally call a special meeting, and all motions must adhere to the agenda,ÃÛÁÄÖ±²¥ the letter states. ÃÛÁÄÖ±²¥œFurthermore, not all council members were informed of the meeting, and the agenda was not properly posted, violating procedural requirements. As a body, we cannot vote on altering the RecorderÃÛÁÄÖ±²¥™s duties as set forth by Section 8 of West Virginia Code.ÃÛÁÄÖ±²¥
The letter also stated that no meeting minutes have been read into the record since the June meeting covering May and June.
Milton Mayor Shane Evans said the decision of the special meeting and previous decision to take away the recorderÃÛÁÄÖ±²¥™s voting rights came from a letter from Bryant that addresses meeting minutes that havenÃÛÁÄÖ±²¥™t been done in the last two months. Evans said during the special meeting that taking away the recorderÃÛÁÄÖ±²¥™s voting rights would give her time to ÃÛÁÄÖ±²¥œdo her minutes.ÃÛÁÄÖ±²¥
The letter provided by Bryant on Tuesday highlighted the Milton city clerkÃÛÁÄÖ±²¥™s job duties, which include ÃÛÁÄÖ±²¥œtype minutes for all meetings-regular Council meetings 2 per month- special and emergency meetings and work sessions wherever scheduled.ÃÛÁÄÖ±²¥
According to State Code §8-10-3, Powers and duties of recorder, the recorderÃÛÁÄÖ±²¥™s duty of every municipality ÃÛÁÄÖ±²¥œis to keep the journal of the proceedings of the governing body thereof, and have charge of and preserve the records of the municipality.ÃÛÁÄÖ±²¥
Other business
The council voted to table the appointment of Cass McMillian as Milton ÃÛÁÄÖ±²¥ Chief to the next regularly scheduled council meeting. Foster moved to table the item to further discuss salary, which was listed for McMillian as $65,000.
Foster said he was not formally informed of any reprimand or situation with former ÃÛÁÄÖ±²¥ Chief Kyle OÃÛÁÄÖ±²¥™Dell that led to him vacating the position. He said he found out about the situation from a resident while on vacation.
McMillian was hired to replace OÃÛÁÄÖ±²¥™Dell ÃÛÁÄÖ±²¥” who made $97,000 last year before getting a $2-an-hour raise, according to Evans ÃÛÁÄÖ±²¥” and was only sworn in as police chief in January. The sudden vacancy was met with scrutiny from Milton residents.
The meeting was packed with residents inside City Hall and lined up outside the building wanting answers regarding the police chief vacancy.
Evans said OÃÛÁÄÖ±²¥™Dell resigned; however, OÃÛÁÄÖ±²¥™Dell, who attended the meeting with an attorney and his family, shook his head at the answer. OÃÛÁÄÖ±²¥™DellÃÛÁÄÖ±²¥™s attorney, Josh Miller of Toriseva Law in Wheeling, declined to comment on the situation following the meeting.
Evans said OÃÛÁÄÖ±²¥™Dell was paid until the day of the meeting. A discussion meeting was held between the two, where Evans said he resigned.
During comments from the public portion of the meeting, approximately 12 people shared concerns over OÃÛÁÄÖ±²¥™DellÃÛÁÄÖ±²¥™s vacancy as police chief. Residents asked for transparency on the matter and to reinstate OÃÛÁÄÖ±²¥™Dell.
Will Basham, lead pastor of New Heights Church in Milton who served as Milton police chaplain for over eight years, said he supports OÃÛÁÄÖ±²¥™Dell. Basham said the situation has caused strain on morale and trust in the community.
ÃÛÁÄÖ±²¥œWhat makes todayÃÛÁÄÖ±²¥™s situation even more troubling is the complete lack of transparency,ÃÛÁÄÖ±²¥ Basham said. ÃÛÁÄÖ±²¥œNo disciplinary record. No public explanation. Just quiet dismissal.ÃÛÁÄÖ±²¥
Evans said he did not want to address personnel matters about the discussion that lead to the police chief vacancy without OÃÛÁÄÖ±²¥™Dell or his attorneyÃÛÁÄÖ±²¥™s permission.
Near the end of the meeting, Evans addressed the situation vaguely.
ÃÛÁÄÖ±²¥œWe had a part-time officer here that was not ÃÛÁÄÖ±²¥” he worked for almost two months and was not even given a log on,ÃÛÁÄÖ±²¥ Evans said. ÃÛÁÄÖ±²¥œWe paid him as a city for two months without even being able to write a report.ÃÛÁÄÖ±²¥
Evans said contracts were signed without his acknowledgement from a contractor to make $90 an hour on the interstate.
ÃÛÁÄÖ±²¥œWhen we donÃÛÁÄÖ±²¥™t have enough cars to run our patrol, why would I let them use our cars to work for a private company making $90 an hour?ÃÛÁÄÖ±²¥ Evans said. ÃÛÁÄÖ±²¥œIf they wanted to use our cars, they should use it for our overtime.ÃÛÁÄÖ±²¥
Evans mentioned another contract with the same contractor for $70 an hour.
ÃÛÁÄÖ±²¥œIÃÛÁÄÖ±²¥™m fine with officers working ... if we are fully staffed and able to run our shifts,ÃÛÁÄÖ±²¥ Evans said. ÃÛÁÄÖ±²¥œIf we canÃÛÁÄÖ±²¥™t run our shifts and protect our city, I wouldnÃÛÁÄÖ±²¥™t let them use our cars to work for a private company. ItÃÛÁÄÖ±²¥™s not fair to the city.ÃÛÁÄÖ±²¥
Evans said he did not specify who did the contracts ÃÛÁÄÖ±²¥” just that contracts were being signed without his acknowledgement.
OÃÛÁÄÖ±²¥™Dell stayed back after the meeting and thanked everyone for their support.
