When seeking to remove a city official, one must review W. Va. Code § 6-6-7 in addition to the City Charter and local ordinances. State Attorney General Patrick Morrisey provided guidance regarding a matter where Keyser City Council voted to remove a member from office. The March 29, 2019 opinion, linked here, discusses West Virginia home rule authority. Home rule under W. Va. Const. art. VI, § 39(a) gives cities plenary power and authority to provide for the control of the city’s affairs, however, that power extends only to actions consistent with the Constitution and state law. In the matter at hand, the conclusion was that the City’s process for removing council members was inconsistent or in conflict W. Va. Code § 6-6-7.
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Removal of City Council Member or Officer in West Virginia
On Behalf of White Law Offices PLLC | Jun 4, 2019 | Legal Perspectives, Municipal, Statewide Interest