Have Legal Questions? Ask a Lawyer Now.
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.
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
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
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
City of Winfield WV
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
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
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
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
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
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).