WESTOVER — A formal grievance, submitted by the City of Westover’s city clerk Sandra Weis against First Ward council member Ralph Mullins, was discussed during Monday night’s council meeting.
According to the grievance, on April 6, Mullins allegedly contacted Weis via phone at 9 a.m., asking about a flyer passed out to council which provided inaccurate dates for this year’s Spring Clean-up.
Weis claims in the grievance this flyer was intended to be used as examples until council voted on said dates. Mullins allegedly asked if the flyer was given to all members and Weis confirmed it was.
Mullins then allegedly raised his voice to Weis, questioning why she distributed incorrect information.
Mullins had distributed this flyer on social media, which he said caused confusion among residents. According to the complaint, Weis told Mullins “no one told him to pass them out.”
The complaint then alleges Mullins “screamed that he is going to the Prosecutor’s Office to press charges against us” and “he also screamed that we all think we are so smart and that he has proof of fictitious minutes and recordings to prove it.”
The grievance goes on to cite section 3.07 of the city charter, which states “the Clerk shall be supervised by Council through the Mayor. It is the intention of this section that the Council shall have supervisory power over the Clerk, but that such power is exercised through the Mayor.”
“That part of our charter is specifically written so that the city council doesn’t give orders to city employees and that’s completely understandable and naturally, I agree with that,” Mullins said. “There was never any order or directive given by me to the city clerk.”
Weis said in the complaint she felt Mullins thought she was trying to “ ‘set him up’ by putting the Spring Clean-up flyer in his packet only to see if he would share with everyone.”
Weis states in the grievance, “the staff in the front office heard every word that I said for confirmation.” Mullins, however, said there are parts of the grievance that are inaccurate. He states he did not say he planned to press charges, but did confirm he said he planned to go to the prosecutor’s office.
“I don’t need a room full of my friends to testify, because I have the phone conversation recorded,” he said.
Mullins said he did go to the prosecutor’s office the same day and allegedly submitted “at least 60, if not more, charter violations” as well as “showed [the prosecutor] a copy of the minutes where the statements were fabricated” from a council meeting held in November, among other documentation.
According to the grievance, Mullins also sent two FOIA requests to Weis prior to calling her.
“This person then put in a bunch of FOIA requests that took up our clerk’s and our treasurer’s time for a good day or better from what I understand,” said councilmember at large Steve Andryzcik. “And to me, that all seems like retaliation.”
Other business
Decisions regarding the employment status of Westover Police Lt. Aaron Dalton continue to be on hold. Dalton is one of two Westover police officers accused of physically assaulting Westover resident Andre Howton.
City attorney Tim Stranko said Dalton’s attorney is in recovery after contracting the COVID-19 virus, which has delayed the city’s ability to make a decision.
Council approved two new hires, including Scott Carl, who will serve as Westover’s deputy chief of police. Carl previously worked for the City of Morgantown police for 26 years. The second hire was William Kennedy, who will serve on code enforcement.
Council unanimously approved to use West Virginia University’s Land Use and Sustainable Development Clinic to develop the city’s comprehensive plan for $25,000.
The first reading of an ordinance granting Atlantic Broadband a cable franchise agreement was also unanimously approved. Weis said the city is obligated to approve franchise agreements and that this would also create competition.
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