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N Cal Attorney
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does a city have to change its charter to comply with new

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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

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 and 15 other Legal Specialists are ready to help you
Customer: replied 3 years 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 3 years 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
Thank you for the positive rating!

Did anyone complain that this was a conflict of interest?
Thank you very much for the bonus!
Customer: replied 3 years 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


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 3 years 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 3 years ago.


City of Winfield WV

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 3 years 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

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 3 years 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

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 3 years 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

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 3 years 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

Have you complained to the Attorney General?
Customer: replied 3 years 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

My opinion is Yes, they both should have recused themselves from that vote.

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Customer: replied 3 years 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

Thank you.

I'll notify Customer Service about the problem.

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