How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask N Cal Attorney Your Own Question

N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8093
Experience:  since 1983
Type Your Legal Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

does a city have to change its charter to comply with new

Resolved Question:

does a city have to change it's charter to comply with new state charter laws WV CODE 8-9-2 and WV CODE 8-10-3

Submitted: 9 months ago.
Category: Legal
Expert:  N Cal Attorney replied 9 months ago.

Thank you for your question.

What you described appears to be legal.

The WV Code states:
§8-9-2. Mayor and recorder may vote; tie vote.
The mayor and recorder shall, unless otherwise provided by charter provision, have votes as members of the governing body, and, in case of a tie, the presiding officer at the time shall cast the tie-breaking vote, unless he has previously voted.

I hope this information is helpful.

 

Please tell me if I misunderstood your question prior to rating this answer.

N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8093
Experience: since 1983
N Cal Attorney and 14 other Legal Specialists are ready to help you
Customer: replied 9 months ago.


how is it legal for the recorder to vote if the mayor is present and she does not have the power of his office she created the tie would the brother in law not be a conflict of interest and be grounds for mayor's recusal

Customer: replied 9 months ago.
Relist: Incomplete answer.
the council vote was 3-2 the recorder voted to tie vote mayor cast tie breaker in favor of brother in law
Expert:  N Cal Attorney replied 9 months ago.
Thank you for the positive rating!

Did anyone complain that this was a conflict of interest?
Expert:  N Cal Attorney replied 9 months ago.
Thank you very much for the bonus!
Customer: replied 9 months ago.


The law was Intended to show that the recorder could cast a vote in the absents of the Mayor as his stand in she is not elected as a Representive of the people the Mayor and Council were they can not have a charter that undermines the State charter on who is the controlling body it was a ploy to give the Mayor control under WV Code 8-10-3 states when she has the power of his office which would give her a vote

Expert:  N Cal Attorney replied 9 months ago.

The WV Code states:
§8-9-2. Mayor and recorder may vote; tie vote.
The mayor and recorder shall, unless otherwise provided by charter provision, have votes as members of the governing body, and, in case of a tie, the presiding officer at the time shall cast the tie-breaking vote, unless he has previously voted.

Doe the Charter specify that the recorder and mayor do not always vote as members of the governing body?

Is the Charter posted on line?
Customer: replied 9 months ago.


from my information it only states the WV code 8-9-2 it does not show 8-10-3 in Their ordinance to cover up the voting issue since the Mayor and council are the ruling body she only has power when the Mayor is not present

Customer: replied 9 months ago.


City of Winfield WV

Expert:  N Cal Attorney replied 9 months ago.
8-10-3 states:
§8-10-3. Powers and duties of recorder.
It shall be the duty of the recorder of every municipality to keep the journal of the proceedings of the governing body thereof, and he shall have charge of and preserve the records of the municipality. Unless otherwise provided by charter provision or general law, whenever the mayor is unable because of illness or absence from the municipality to perform the duties of his office, and during any vacancy in the office of mayor, the recorder shall perform the duties of the mayor and be invested with all of his power and authority.


The Charter states:

SECTION 2 OFFICERS.
The municipal authorities of said Town shall be a Mayor, Recorder, and five Councilmen who shall be free-holders therein and who together shall form a common Council.

SECTION 13 CONDUCTION OF MEETINGS.
The Council shall be presided over at its meetings by the Mayor, or in his absence by the Recorder; or in the absence of both Mayor and Recorder, by one of the Councilmen selected by a majority of the Council present; and a majority of the Council shall be necessary to form a quorum for the transaction of business. But no member of the Council of the Town, shall vote upon any order, measure, resolution or proposition in which he may be interested, other than a citizen of said Town.

I am not sure which portion of the Charter you think may need to be amended, but it looks like it was illegal for the Mayor to cast the deciding vote to award a contract to his brother in law.

Please clarify what you are trying to accomplish.
Customer: replied 9 months ago.


State law States when the recorder has power and the State law states who casts a tie breaker Chapter 8 Municipal Government does not state that the recorder is a member of the ruling body

Expert:  N Cal Attorney replied 9 months ago.
State law states that the recorder is a member of the ruling body unless the charter says otherwise.

§8-9-2. Mayor and recorder may vote; tie vote.
The mayor and recorder shall, unless otherwise provided by charter provision, have votes as members of the governing body, and, in case of a tie, the presiding officer at the time shall cast the tie-breaking vote, unless he has previously voted.

Section 2 of this charter says the recorder is a member of the governing body.

Have you raised the conflict of interest issue with the State Attorney General?
Customer: replied 9 months ago.

as you said they both have a vote she is a member of the governing body when she has the power of the Mayors office and can vote in a tie if she is the presiding official 8-9-2 says tie vote council vote was 3-2 there was no tie to break both the mayor and recorder were present she can not cast a vote to create a tie

Expert:  N Cal Attorney replied 9 months ago.
But the Charter says both the mayor and recorder vote as part of the governing body.

However, I believe it was a conflict of interest for the mayor to vote on this item.

Have you complained to the Attorney General?
Customer: replied 9 months ago.

she becomes a part of the governing body by the power of the mayors absence that is why the law states that the presiding official can cast a vote she does not cast a vote as a member of the council

Expert:  N Cal Attorney replied 9 months ago.
The Charter seems to say that the recorder and mayor vote along with the other members of the governing body, and the Charter is more specific than the statutes. Are you saying that in fact they have never voted as part of the Council prior to this event?

Have you complained to the Attorney General?
Customer: replied 9 months ago.


to my knowledge there has not been another tie vote cast and this was done because the three councilmen that voted no did not agree with the mayors brother-in-law another councilman that is a friend of the mayor and his brother-in-law before everyone went along with what was decided but the mayor and his brother-in-law nominated and appointed the planning commission member that they wanted to buy the property from and then the planning commission member wanted to buy property from the city 500 yards away so he could develop it he is a contractor

Expert:  N Cal Attorney replied 9 months ago.
Have you complained to the Attorney General?
Customer: replied 9 months ago.


the council members are working with the U.S. Attorney Investigator and ethics commission since the mayor a his Brother-In-Law nominated and appointed the planning commission member should they both have recused themselves from the vote to buy planning commission members property

Expert:  N Cal Attorney replied 9 months ago.
My opinion is Yes, they both should have recused themselves from that vote.

N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8093
Experience: since 1983
N Cal Attorney and 14 other Legal Specialists are ready to help you
Customer: replied 9 months ago.


I received a message that my check cashing card did not send payment that card was invalid I just used it at the bank around noon would you try it again

Expert:  N Cal Attorney replied 9 months ago.
Thank you.

I'll notify Customer Service about the problem.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.