Ten people have applied to replace Dave Hardy as one of three Kanawha County commissioners, but a few of them may not qualify for the position.
The list, which was announced Tuesday morning, includes Patricia Hamilton, former head of the West Virginia Association of Counties; longtime County Commission attorney Marc Slotnick; Charleston City Treasurer Victor Grigoraci; former state auditor candidate Mary Ann Claytor; and real estate agent Todd Goldman, son of former Charleston mayor Jay Goldman.
Others on the list include Charleston attorneys Gary Pullin and Ben Salango, Tornado Volunteer Fire Department Chief Gregory Scott Childress, Dunbar resident Mark Halburn and longtime Jefferson County administrator Leslie Smith.
Under West Virginia state code, anyone appointed to fill a vacancy on a County Commission "shall be of the same political party as the officeholder vacating the office." Hardy, who was appointed by new Gov. Jim Justice to head the state Department of Revenue, is a Democrat.
As of Tuesday afternoon, at least two applicants, Childress and Halburn, were registered as "non-partisan."
Childress could not be reached by phone Tuesday.
After a reporter notified Halburn of the discrepancy in his party registration, Halburn later called back and said he changed his party affiliation to Democrat.
Halburn has faced several misdemeanor charges in Kanawha and Putnam county magistrate courts since 2007, including trespassing, harassing and threatening telephone calls, assault and willful disruption of governmental process. In at least four of those cases, the charges were dismissed or Halburn was found not guilty.
Smith, another commission hopeful, doesn't live in the correct county magisterial district. Applicants must live in districts 2 or 3 to be considered for the seat. Commissioner Kent Carper already represents District 1, while Commissioner Hoppy Shores represents District 4.
Smith is registered in District 1. "I thought I was in the correct district," she said Tuesday.
Smith was the Jefferson County administrator for nearly two decades until 2009, when she was fired by the commission on a 3-2 vote. She sued the Jefferson County Commission in federal court, alleging wrongful termination due to her age and/or gender in violation of the West Virginia Human Rights Act. In 2013, the suit was settled out of court with Smith receiving $225,000 in total compensation. Jefferson County paid her $55,000, while the county's liability insurer paid the remainder.
There may also be some stipulations for applicants who work as attorneys at private firms.
While the Gazette-Mail previously reported local attorney Jesse Forbes planned to apply for the vacant seat, Forbes told a reporter on Tuesday that he decided not to apply because of an advisory opinion issued by the West Virginia Ethics Commission in 2013.
The opinion stated that a county commission may not employ a private attorney for civil matters if that attorney maintains a private criminal defense practice in the same county.
Because a county commission is responsible for setting the budget for the Prosecuting Attorney's office and the Sheriff's Office, a hired attorney for county commission - or in this case, an attorney vying for a vacant commission seat - cannot be a private criminal defense lawyer in the same county.
Forbes Law Office, where Jesse Forbes works, primarily handles personal injury and criminal defense.
Slotnick, Salango and Pullin are all attorneys who work at private firms in the area. All of them said Tuesday they don't handle any criminal defense cases.
Salango said one attorney at his six-member firm has done a few criminal cases.
"If I get the appointment, [that] lawyer will have to withdraw from those cases, just so there's no conflict," Salango said.
Slotnick has also worked as counsel for the Kanawha County Commission since 1995.
County Commission President Carper said Pullin's firm, Pullin Fowler Flanagan Brown and Poe PLLC, has represented the county several times in the past.
Carper said he wouldn't allow the commission to hire that firm for work in the future if Pullin is appointed to the seat.
"The county wouldn't do business with an appointee's firm if they fill the vacant seat. It gives the appearance of impropriety," Carper said.
The applicants will be interviewed during a public meeting at 5 p.m. Thursday.
Carper said he if he and Shores can't agree on who to fill the vacancy, it will be decided by the Kanawha County Democratic Executive Committee.
"If we come to an agreement, the individual could be seated Thursday evening," he said.
Reach Elaina Sauber at elaina.sauber@wvgazettemail.com, 304-348-3051 or follow @ElainaSauber on Twitter.