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Police chief appointment, city manager residency mulled in Wellsburg

Warren Scott POLICE, OTHER ISSUES AT HAND — Wellsburg City Clerk Mikeal Maguschak read each of four ordinances at a special meeting of Wellsburg Council on Friday.

WELLSBURG — At a special meeting on Friday, Wellsburg Council approved the first readings of ordinances involving the proposed appointment of the city’s police chief, a residency requirement for the city manager and other issues.

Council voted 3-1 to place appointment of the police chief, currently an elected position, on ballots in the city’s June 10 general election.

City Manager Steve Maguschak said if a majority of voters support it, future police chiefs could be appointed by council.

Supporting the move were Third Ward Councilmen Randy Fletcher and Tom Gaudio, 2nd Ward Councilman Geno Capp and 1st Ward Councilman Jerry Nichols.

Fourth Ward Councilman Fred Marino, 2nd Ward Councilman Scott Caldwell and 1st Ward Councilman Jack Kins didn’t attend the meeting.

Casting a lone vote against the move was 4th Ward Councilman Charlie Harris, who said later, “I think we should be choosing the police chief by election. I don’t think it (appointment of the chief) is necessary.”

Fletcher said, following the meeting, appointment of a chief will ensure a qualified individual will fill the position.

He and others have noted the role has been assumed in recent years by two former Brooke County sheriffs but suggested future candidates for the elected position may not have backgrounds in law enforcement.

Mike Allman, who is unopposed in his bid for another term as the chief, told council at its Feb. 11 meeting the office should remain an elected one and predicted the public will support that.

He noted the issue appeared on ballots in a past election and failed.

As with three other ordinances before council on Friday, it will undergo a second reading at council’s March 11 meeting.

Also slated for second readings of an ordinance requiring the city manager to be a Wellsburg resident and another eliminating the city’s Civil Service Commission, a volunteer board involved in the hiring of city police officers and grievances by them for administrative action taken against them.

Voting to eliminate the residency requirement for city manager were Fletcher, Gaudio, Capp and Nichols.

The lone vote against it again was cast by Harris, who said it’s important for the city manager to be readily accessible should a situation arise outside of his or her regular working hours.

Maguschak confirmed he has residences in and outside the city while holding a West Virginia driver’s license.

“I’m still keeping my residence here. This is to help the city attract a good candidate for the next city manager,” he said.

Maguschak noted there’s no residency requirement for the city’s police officers, who may be called into service in emergencies.

Fletcher said many of Wellsburg’s city managers have been single and lived in apartments there. He said removing the residency requirement could make the position more attractive to potential applicants with families who want to live outside the city.

There has been some discussion among council members about whether the city manager could be required to live within a certain radius of the city, but the proposed ordinance doesn’t contain such language.

The ordinance eliminating the Civil Service Commission was supported by Fletcher, Gaudio and Capp, while Harris and Nichols opposed it.

Nichols said of the Civil Service Commission, “I think we should always have that. It’s protection for these officers.”

Allman earlier expressed the same sentiment, noting the volunteer board is called upon to consider appeals by city officers against administrative action taken against them.

Fletcher has cited a desire to remove the Civil Service exam from consideration in the hiring of new officers.

He and others have cited the test’s cost, about $1,100 each time it’s administered, and a dearth of applicants for the police department.

Developed by the International Public Management Association for Human Resources, the test includes 100 questions with multiple choice answers.

It’s said to measure applicants’ ability to learn and apply information, observe and remember details and follow directions and their judgment and problem-solving and verbal skills.

It’s been suggested the city could develop its own aptitude test for prospective police officers but it’s not clear if that will be pursued in the absence of the commission.

Council also tabled an ordinance addressing the number of polling places for city elections.

Fletcher said it didn’t address his goal, which is to establish one central location, possibly the Wellsburg Banquet Hall on 12th Street, for voting as a cost-saving measure.

Harris has opposed the move, saying it would be inconvenient for older voters.

In related business, council voted 4-1 to hold a primary election only for the city’s 3rd Ward, the only one in which three candidates will be vying for a council seat.

City Clerk Mikeal Maguschak noted in the past, council has exercised the option of eliminating the primary election when no more than two candidates are running for any office and will advance to the general election.

This year, that will be the case for all positions but the 3rd Ward council seat.

He said following consultation with City Attorney Ryan Weld and the West Virginia Secretary of State’s office, it’s been recommended that a primary be held in the 3rd Ward only.

The city clerk said ballots for that primary won’t include the police chief’s appointment or any other issue voters may consider in the general election.

Both Fletcher and Harris expressed concern a primary election in one ward would cause confusion and affect turnout for the general election.

But the city clerk said if a primary election is to be held, it will be on April 1, giving him just one month to prepare.

Following the meeting, Harris said all of the ordinances before council on Friday were unnecessary because they didn’t address the primary concerns of city residents, which he said are the conditions of its streets and the quality of its water.

The city manager said proposed changes affecting the selection of police chief and his own position are important because they will help to ensure qualified people fill those roles.

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