MORGANTOWN — A representative of the Morgantown Utility Boar (MUB) said MUB was not aware city administration planned to propose an ordinance making the city manager a permanent member of the utility’s five-member board of directors until Nov. 21, when a draft of the law was published in the agenda for the Nov. 27 city council committee of the whole session.
Further, according to MUB Spokesman Chris Dale, there are questions among MUB’s leadership as to why such a move is necessary.
The issue has been a topic of debate since City Manager Paul Brake interviewed to serve on the board on Nov. 7.
There are currently two open seats on the board and five applicants. Appointments are made by city council.
Members of council and the community, as well as other local officials, have questioned whether the unprecedented appointment would be appropriate.
During the Nov. 20 council meeting, City Councilor Ryan Wallace pointed to language in the city charter (Section 4.02) that he believes presents a roadblock to the appointment. He’s indicated publicly that he does not support it.
When asked if MUB’s leadership thinks a city manager can vote in the best interest of MUB as a member of its board of directors and also advise council as to what is best for the city and its residents, Dale indicated that the scenario seems rife for conflict.
“MUB feels that, even if the City Charter is interpreted to allow his appointment, the City Manager will be conflicted in matters involving both MUB and the City, and that the appointment of the City Manager, and the resulting potential conflicts, are wholly unnecessary given the number of highly qualified candidates who have applied,” Dale explained.
Monongalia County Commission President Tom Bloom served on Morgantown City Council from 1987 to 2001. He said MUB was formed in 1987 after council was forced to take over the Morgantown Sanitary Board under court order after a series of problems.
“I was there when we had to do that and also when we formed MUB. The reason we formed MUB was very clear. We wanted to make it a semi-autonomous organization, so that it was completely free of any political situation and away from any interference from city administration,” Bloom said. “That was the goal. This would take it back to the way it was.”
Dale said MUB’s customer base is “an almost perfect split 50/50” with slightly more rate-payers living outside Morgantown’s boundaries.
Under the current and proposed bylaws, a maximum of two of the five members must live outside the city.
If the city manager is placed on the board and the other council appointee is a city resident, more than half MUB’s customers would be represented by a single voting member.
“In either case, there will be one less opportunity for qualified candidates from the public to participate,” Dale explained.
Bloom said he doesn’t understand how a city manager can be an impartial member when his job is specifically to do what’s in the best interest of the city.
“I just don’t see how this makes sense. He should not be put in that position, nor should the residents have to worry about that,” Bloom said. “I don’t understand what is causing this change now but it’s ludicrous. It shouldn’t even be an issue.”
In a memo included in the agenda packet, Brake explained that his appointment would not represent a legal conflict and is in line with what peer cities, like Parkersburg, Charleston and Huntington, have in place. All three operate under a strong mayor form of government and not a city manager.
Further, Brake notes the proposed ordinance makes sense as MUB operates as a corporation of the city with city council serving as the utility’s governing body.
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