HUNTINGTON ÃÛÁÄÖ±²¥” Cabell County Circuit Court Judge Chad Lovejoy ordered Monday that former Milton ÃÛÁÄÖ±²¥ Chief Kyle OÃÛÁÄÖ±²¥™Dell be reinstated, with back pay.
The order came during a preliminary hearing for an injunction requested by OÃÛÁÄÖ±²¥™Dell, asking for a public hearing regarding his position in the police department and recent decisions made by Milton Mayor Shane Evans and two council members. The injunction also requested the judge prevent the city from hiring another police chief before a hearing.
In a non-public meeting July 25 between OÃÛÁÄÖ±²¥™Dell, Evans, and council members Carl Harshbarger and Scott Bias, it was determined that OÃÛÁÄÖ±²¥™Dell would no longer work at the police department. OÃÛÁÄÖ±²¥™Dell claims he was fired, while Evans claims he quit.
If he was fired, no reason has been provided publicly.
ÃÛÁÄÖ±²¥œI think that is the logical conclusion,ÃÛÁÄÖ±²¥ Lovejoy said. ÃÛÁÄÖ±²¥œHis service is at the will and pleasure of the majority of the council and until the majority of council ends that term of service, his term of service continues.ÃÛÁÄÖ±²¥
This ruling comes from the decision that the city violated .
Lovejoy also said he would uphold a that says, as police chief is seen as an administrative position, OÃÛÁÄÖ±²¥™Dell is not entitled to a hearing.
OÃÛÁÄÖ±²¥™DellÃÛÁÄÖ±²¥™s lawyer also argued that city officials violated the by making a decision about OÃÛÁÄÖ±²¥™DellÃÛÁÄÖ±²¥™s employment during a non-public meeting without the full council present. Lovejoy said he did not have enough information to make a decision on that.
ÃÛÁÄÖ±²¥œIÃÛÁÄÖ±²¥™m gonna hold, withhold a decision on whether that gathering constituted a meeting under the law and all the ramifications therefrom absent the hearing of evidence, which IÃÛÁÄÖ±²¥™m happy to do at a final hearing,ÃÛÁÄÖ±²¥ he said.
