MORGANTOWN — Morgantown’s Civilian Police Review and Advisory Board is moving forward stripped of its investigatory powers.
With a unanimous vote Tuesday, Morgantown City Council accepted Monongalia County Circuit Judge Susan Tucker’s order invalidating the board as initially conceived as well as a settlement agreement with Fraternal Order of Police Lodge #87 that would allow the board to exist without certain authorities.
One year ago, May 18, 2021, council adopted an ordinance creating a volunteer body with the authority to audit existing MPD policies and procedures and make recommendations; hold public meetings and take input from the public; and receive, review, investigate and potentially hold hearings on civilian complaints of officer misconduct.
The next morning, the city was sued by FOP Lodge #87, which represents the overwhelming majority of Morgantown’s sworn officers. The FOP claimed the ordinance was a violation of the state’s civil service law, which grants sole authority to the Police Civil Service Commission in matters that could potentially result in punitive action against an officer.
On Dec. 16, Tucker agreed.
Morgantown City Attorney Ryan Simonton said council’s vote Tuesday removes the possibility of appealing that decision to the Supreme Court of Appeals of West Virginia.
Simonton further explained the settlement agreement removes the sections of the original ordinance granting powers of investigation to the board as well as participation in the complaint receipt process.
What remains?
“Those are, among other things, to review existing policies of the department, to make recommendations about those policies or changes to the policies and adoption of new policies, to collect data regarding department practices, to conduct public outreach sessions and to make reports to council on the board’s activities,” Simonton explained.
Given the time spent on the board’s creation by dozens of volunteers, Mayor Jenny Selin called Tuesday’s vote “difficult,” but said the board still represents an opportunity.
“This also allows us to have one of the first, if not the first, board in the state to kind of formalize that collaboration and does allow that review of policies, the collecting of data, the outreach,” she said.
The Morgantown/Kingwood Chapter of the NAACP was one of the organizations heavily involved in the board’s creation.
The chapter’s president, Anitra Hamilton, said the NAACP remains committed to supporting the process and believes the board can help foster meaningful dialogue.
She also said the NAACP doesn’t believe the city’s settlement was necessary.
“We believe the decision rendered concerning this case should be more supportive of the intended desires of the citizens of Morgantown and that the ordinance that was passed unanimously by this council a year ago would have been upheld fully by the West Virginia Supreme Court,” she said.
In other news, council approved a contract worth $1,752,943.50 with Anderson Excavating for this summer’s paving program.
City Engineer Damien Davis said preparatory work could begin as early as next week on the paving list, which includes 12 miles spread across 53 city streets, two city parking lots and 6,000 feet of rail trail.
Also on Tuesday, Don Spencer was recognized with a proclamation and given a key to the city for his 50 years of work as both an elected official and city volunteer.
