In accordance with the West Virginia Open Governmental Proceedings Act that states under SCOPE, it applies to all State, county, municipal administrative or legislative units of government, every public agency is required to give advance notice to the public and news media of the date, time, place, and agenda of all regular and special meetings, except in the case of an emergency meeting requiring immediate action.
However, once again, a Government agency in Calhoun County has acted outside the scope of this law. Ridgeview News was informed on Tuesday that a “work session” as it was called by the Council members, was held on Saturday, December 30th, 2023, without even the Mayor, Robert Petrovsky, being informed of its happening, for the purpose of selecting a new council member to fill a vacancy.
The City’s regularly scheduled meeting was held only three days later, on Tuesday, January 2, 2024 as shown on the agenda below (received from someone who attended the meeting.)
Under item V, Mayors Communications, on the agenda, the first item of business under that category was the “Oath of Office” of New Council Member. However, the public was never advised that the Council had met and appointed the new Council Member.
Ridgeview News could not attend Monday’s meeting due to another obligation, but apparently, prior to the oath of office being taken by Emily Robinson, the council voted in the open meeting to appoint Ms. Robinson to the vacant council position, even though it was not on the agenda.
The “Sunshine Act” as it is called declares that “public agencies in this state exist for the singular purpose of representing citizens of this state in governmental affairs, and it is, therefore, in the best interest of the people of this state for the proceedings for public agencies to be conducted openly, with only a few clearly defined exceptions. The Legislature further finds and declares that the citizens of this state do not yield their sovereignty to the government agencies that serve them. The people in delegating authority do not give their public servants the right to de code what is good for them to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government created by them.”
This all calls into question whether or not the appointment of new Councilwoman Emily Robinson was legally done.
Any citizen may bring a legal action in the Circuit Court of the County where the public agency meets to enforce the provisions of the Act. The court may order the public agency to comply with the Act, and may enjoin set aside any action taken or decision made in violation of the Act if a petition is filed within one hundred twenty (120) days after the action was taken or the decision was made.
Any member of a public governmental body who willfully and knowingly violates the Act is guilty of a misdemeanor, and upon conviction may be fined up to $500.00.
Ridgeview News recognizes the honor that it would have been for Ms. Robinson to accept her newly appointed position, but it is now clouded by the fact that a Government agency did not follow the rule of law and calls into question why duly elected officials do not want the public aware, causing further mistrust.
