3-judge panel appointed to hear Hardy County commission case
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MOOREFIELD, W.Va. — The West Virginia Supreme Court of Appeals appointed a three-judge panel Friday to hear the case between a group of voters and two Hardy County commissioners.
Charles Parsons, chief judge of the 22nd Judicial, forwarded to the chief justice of the Supreme Court of Appeals a copy of the petition filed in the case and requested a three-judge court consisting of circuit judges of the state.
Fred Fox II, senior status judge from Marion County; Thomas Steptoe Jr., senior status judge from Jefferson County; and Robert Stone from Morgan County will hear the case in Hardy County Circuit Court on Jan. 22 and 23 at 9 a.m.
David Judy, the attorney who filed the suit against commission president Michael Teets and Commissioner William Keplinger Jr. to be removed from their positions, said Friday, “We are going to continue to proceed as we have until this matter comes to a resolution.” The feud between a group of some 700 voters and two of the three county commissioners began when the commission passed an ordinance to place a $120 annual fee for ambulance service on residents in the county.
In addition, the suit is alleging that the commissioners purchased a $1.13 million building without taxpayers’ approval.
Last week, West Virginia Attorney General Patrick Morrisey said county commissioners have the constitutional duty to manage a county’s fiscal affairs, and thus collect any special fees.
Hardy County commissioners hired attorney Bridget Cohee of Steptoe and Johnson, Martinsburg.
Legal funding for the commissioners is being covered by a “removal” insurance coming from the West Virginia Corp. County Risk Pool, an insurance company that also covers the county’s buildings.
The Times-News obtained a letter written to the citizens of the Mathias-Baker Volunteer Fire Company saying the squad went out of business due to financial failure.
“The Hardy County Emergency Ambulance Authority was formed to develop a solution to that issue and prevent it from happening in the future,” Johnnie Hoover, president, Mathias-Baker fire company said.
“The commissioners of Hardy County implemented an EMS fee to all citizens in order to pay for responders to provide advanced life support coverage throughout Hardy County.”
Hoover said the county commissioners denied requests for financial assistance to purchase the former Mathias-Baker Rescue Squad station in Baker, ambulances and equipment in order to provide ambulance and fire service to the residents.
“We then secured a credit line to purchase some of the equipment that was previously owned by the MBRS and have spent $120,000. This money will not be reimbursed by any county entity,” said Hoover.
The letter continues comparing expenses between the county and the volunteer fire company.
Judy said Friday, “It looks like the county commission is going into competition with the volunteer ambulance squad.”
In the interim, the commissioners voted to pass an ordinance to place a levy on the ballot in the May election that would benefit the ambulance service to the county.
For taxpayers, the levy would raise tax on all classes for five years.
Although class one, which is 2.6 cents, is no longer in effect, the other classes are based on that figure.
The levy on class 2 will be 5.2 cents on $100 value, which includes personal and real property.
Classes 3 and 4 will have 10.4 cents levied.
Judy said regardless of the pending suit the $120 ambulance fee will continue to be collected from the taxpayers.
“Even if the levy is voted down in the election the ordinance remains,” Judy said.
Judy said taking the ordinance out is different from removing the commissioners from office.
“I’m not sure how the case will be handled by the three-judge panel in January,” said Judy.
Teets said Friday evening, “I’m glad the judges were picked to hear the case. I’ll be glad when it’s over. I don’t know what else to say. I don’t feel we’ve done anything wrong.”
The Times-News could not reach Keplinger for comment.
Contact Marla Pisciotta at marlapisciotta@frontier.com.
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