MORGANTOWN — Seven of the nine inaugural members of Morgantown’s Civilian Police Review and Advisory Board are in place.
Earlier this week, Morgantown City Council appointed Richard Burks, Bob Cohen, Rachel Fetty, Nicole Lauffer, Dady Dadyburjor, Megan Gandy and Ross Jones to positions on the nine-member board.
Asked if the two remaining seats would be filled from within city council, Morgantown Communications Specialist Hollie Gregory said “it is not currently anticipated that they will be council members.”
Gregory said the city clerk’s office has been asked to advertise that applications for the remaining seats are still being accepted.
According to Gregory, 25 individuals applied for the board, two of whom later removed themselves from consideration.
Per the ordinance, three members shall come from historically disadvantaged communities that have traditionally experienced disparate policing, or shall be residents of publicly subsidized housing.
Three additional members shall be nominated by organizations that seek racial or social justice on behalf of historically disadvantaged communities, and openings on the board should be filled based on the city’s diversity, equity and inclusion plan.
The board is thought to be the first of its kind in West Virginia and has been more than two years in the making.
Roughly one month after the May 25, 2020, death of George Floyd, Morgantown City Council voted to form a special committee on community policing.
That body, comprised of members of council, city administration, representatives from various organizations and community volunteers, spent more than 10 months crafting the ordinance establishing the civilian oversight board.
The board, as initially proposed, could audit existing MPD policies and procedures and make recommendations; hold public meetings and take input from the public; and receive, review, investigate, subpoena and conduct hearings on civilian complaints.
The city was cautioned throughout the process — both by legal counsel representing the Mon-Preston Fraternal Order of Police, and West Virginia Attorney General Patrick Morrisey — that it was in danger of running afoul of state law, which establishes the police civil service commission process as the only process through which matters can be addressed that could potentially result in punitive action against an officer.
The special committee responded by removing a number of the issues highlighted as objectionable.
Even so, on the morning after council’s May 18, 2021, vote creating the board, a lawsuit was filed on behalf of the FOP Lodge 87, which represents the overwhelming majority of Morgantown’s sworn officers.
Seven months later, Monongalia County Circuit Judge Susan Tucker ruled the city’s newly created oversight board was in violation of the state’s civil service law, and therefore invalid.
The city opted not to appeal the decision.
On May 17, 2022, — one year after council approved the original ordinance creating the board — the body accepted a settlement through which it could move forward without powers of investigation or participation in the complaint receipt process.
The review and advisory board retains the power to review existing police department policies and make recommendations about policy changes; conduct public outreach sessions and make reports to city council on the board’s activities.
Of the nine initial members, three will be appointed to one-year terms, three will be appointed to two-year terms and three will be appointed to three-year terms. Each term thereafter will be three years.
