The Marmet City Council will not appoint a new mayor until the three-judge panel that removed former Mayor Bill Pauley from office files its official order, city officials said at a special city council meeting Friday night.
Tammy Kersey, the city recorder, has taken over mayoral duties during the vacancy as specified by state and city code.
Once the order is filed by the three-judge panel, the city council will appoint someone to fill the vacancy until the next election, which is in June 2017.
"Until we have an order from the circuit court and the three-judge panel, there's nothing we can do," Councilman Bill Tardy said.
The clarification came after two weeks of confusion over who was in charge of the town and who would be taking over for Pauley.
Two months ago, the city council passed an ordinance that made it the city council's responsibility to fill vacancies in any elected office. Previously the responsibility had been the mayor's, with approval from the council.
But some in town argued that a city ordinance that states that the recorder assumes the duties of the mayor during "any vacancy in the office of mayor" meant that Kersey would serve as mayor for the remainder of the term.
That is incorrect because state and city law state that the governing body has the power to fill the vacancy, so whoever the city council appoints will replace Kersey as acting mayor.
The special meeting had initially been called so that the city council could give a first reading for amendments to the ordinance that would clarify that the recorder was not intended to finish the mayor's term.
But because the amendment was only for clarifying purposes, the city council chose not to address it.
Instead, the meeting took the format of a question and answer session with Scott McClure, the city attorney.
Sara Davidson, who was sitting near the front, wanted to know whether or not the recorder would take over permanently as mayor after the order had been filed.
"I have an issue with you serving as mayor based on your job as recorder," Davidson said to Kersey, referencing Kersey storming out of the last city council meeting.
In order to fill the vacancy, Councilman Mike McGhee said the city council will look for input from residents.
"I'd love to take suggestions and ideas from the town itself," McGhee said.
Currently, the town is fractured. The mayor's office has remained locked all week and one testy exchange illustrated the divide over how the town was moving forward.
"This town is bleeding and a Band-Aid is not going to fix it," Councilman Terry Russell said. "Give us a chance to do the job, give us a chance to serve the people."
Which lead Wynter Winell, one of the residents who filed suit against Pauley, to question the job he has done.
"What have you done to stop the blood," Winnell asked.
Despite the tension, McGhee is still optimistic about filling the vacancy.
"You've got a lot of hope moving forward," McGhee said. "Just being patient."
Reach Daniel Desrochers at
dan.desrochers@wvgazettemail.com,
304-348-4886 or follow
@drdesrochers on Twitter.