Town Council Meets
Jan 9th
Just
a couple of notes from the most recent Clay Town Council
meeting held at the WaWa plant on Main Street.
As has been the case for many years, there are plenty of issues under the title of Town problems. One of the bigger problems has been keeping employees on the job. AS soon as they find someone, Poof!, they quit or otherwise leave Town employment.
There are nagging problems too. Probably a year ago, Town leadership decided they needed a new fangled, high tech billing program to handle all their vast bookkeeping duties. As of this meeting date, the puter software still ain't working right and the company wants another $2500 in the form of an annual fee.
And then the one we've been watching a lot closer.
With the new make up on Council, collectively, they want to start a Town Badge Dept and a money making Court system of their own.
Already purchased is a Badge Mobile and person trained to be a Municipal Judge.
The big problem is finding a certified Badge willing to work part time for starvation wages. So far there have been no candidates for the position, no candidates willing to work for less than can be earned at area McDonalds.
Lots more talk came on the Town's homeless population and the need to do something about the dilapidated building within the municipality.
Around 6:15 , Council voted to go into a bogus secret time. Council person Hubbard thought just saying "were going to discuss personnel matters" was a lawful reason for such backroom talk.
Based on the W Va Ethics Commission and State law, it ain't.
To go secret, that must already be on the meeting agenda BEFORE the meeting gets underway.
To go secret the public MUST be told with reasonable specificity the reason. Hubbard thought just saying "Personnel matters" as reason enough.
The W Va Ethic Commission was here in Clayberry in Feb of last year and provided the entire Health Board with up to the minute training on Open Meetings Law including going secret. According to those experts, saying personnel ain't good enough. Something more specific like "filling position of office manager" would be specific.
Also if the elected body wants to go secret , their vote has to be done in public and use the employee's name during the vote.
And maybe foremost, there is NEVER a point when an elected body MUST go secret. As a matter of fact, there can be NO secret unless the wayward employee allows that to happen.
a For those interested state code 6-9a-4 exemptions that allow secret time include:
The governing body of a public agency may hold an executive session during a regular, special or emergency meeting, in accordance with the provisions of this section. During the open portion of the meeting, prior to convening an executive session, the presiding officer of the governing body shall identify the authorization under this section for holding the executive session and present it to the governing body and to the general public, but no decision may be made in the executive session.
(b) An executive session may be held only upon a majority affirmative vote of the members present of the governing body of a public agency. A public agency may hold an executive session and exclude the public only when a closed session is required for any of the following actions:
(1) To consider acts of war, threatened attack from a foreign power, civil insurrection or riot;
(2) To consider:
(A) Matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of a public officer or employee, or prospective public officer or employee unless the public officer or employee or prospective public officer or employee requests an open meeting; or
(B) For the purpose of conducting a hearing on a complaint, charge or grievance against a public officer or employee, unless the public officer or employee requests an open meeting. General personnel policy issues may not be discussed or considered in a closed meeting. Final action by a public agency having authority for the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of an individual shall be taken in an open meeting;
(3) To decide upon disciplining, suspension or expulsion of any student in any public school or public college or university, unless the student requests an open meeting;
(4) To issue, effect, deny, suspend or revoke a license, certificate or registration under the laws of this state or any political subdivision, unless the person seeking the license, certificate or registration or whose license, certificate or registration was denied, suspended or revoked requests an open meeting;
(5) To consider the physical or mental health of any person, unless the person requests an open meeting;
(6) To discuss any material the disclosure of which would constitute an unwarranted invasion of an individual's privacy such as any records, data, reports, recommendations or other personal material of any educational, training, social service, rehabilitation, welfare, housing, relocation, insurance and similar program or institution operated by a public agency pertaining to any specific individual admitted to or served by the institution or program, the individual's personal and family circumstances;
(7) To plan or consider an official investigation or matter relating to crime prevention or law enforcement;
(8) To develop security personnel or devices;
(9) To consider matters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving commercial competition, which if made public, might adversely affect the financial or other interest of the state or any political subdivision: Provided, That information relied on during the course of deliberations on matters involving commercial competition are exempt from disclosure under the open meetings requirements of this article only until the commercial competition has been finalized and completed: Provided, however, That information not subject to release pursuant to the West Virginia freedom of information act does not become subject to disclosure as a result of executive session;
(10) To avoid the premature disclosure of an honorary degree, scholarship, prize or similar award;
(11) Nothing in this article permits a public agency to close a meeting that otherwise would be open, merely because an agency attorney is a participant. If the public agency has approved or considered a settlement in closed session, and the terms of the settlement allow disclosure, the terms of that settlement shall be reported by the public agency and entered into its minutes within a reasonable time after the settlement is concluded;
(12) To discuss any matter which, by express provision of federal law or state statute or rule of court is rendered confidential, or which is not considered a public record within the meaning of the freedom of information act as set forth in article one, chapter twenty-nine-b of this code.
For any of the Council, Recorder, or Mayor to learn more about the laws they are suppose to adhere to, it's easy. Just call the Ethic Commission at 304 558 0664 or ethics.wv.gov.
AW
As has been the case for many years, there are plenty of issues under the title of Town problems. One of the bigger problems has been keeping employees on the job. AS soon as they find someone, Poof!, they quit or otherwise leave Town employment.
There are nagging problems too. Probably a year ago, Town leadership decided they needed a new fangled, high tech billing program to handle all their vast bookkeeping duties. As of this meeting date, the puter software still ain't working right and the company wants another $2500 in the form of an annual fee.
And then the one we've been watching a lot closer.
With the new make up on Council, collectively, they want to start a Town Badge Dept and a money making Court system of their own.
Already purchased is a Badge Mobile and person trained to be a Municipal Judge.
The big problem is finding a certified Badge willing to work part time for starvation wages. So far there have been no candidates for the position, no candidates willing to work for less than can be earned at area McDonalds.
Lots more talk came on the Town's homeless population and the need to do something about the dilapidated building within the municipality.
Around 6:15 , Council voted to go into a bogus secret time. Council person Hubbard thought just saying "were going to discuss personnel matters" was a lawful reason for such backroom talk.
Based on the W Va Ethics Commission and State law, it ain't.
To go secret, that must already be on the meeting agenda BEFORE the meeting gets underway.
To go secret the public MUST be told with reasonable specificity the reason. Hubbard thought just saying "Personnel matters" as reason enough.
The W Va Ethic Commission was here in Clayberry in Feb of last year and provided the entire Health Board with up to the minute training on Open Meetings Law including going secret. According to those experts, saying personnel ain't good enough. Something more specific like "filling position of office manager" would be specific.
Also if the elected body wants to go secret , their vote has to be done in public and use the employee's name during the vote.
And maybe foremost, there is NEVER a point when an elected body MUST go secret. As a matter of fact, there can be NO secret unless the wayward employee allows that to happen.
a For those interested state code 6-9a-4 exemptions that allow secret time include:
The governing body of a public agency may hold an executive session during a regular, special or emergency meeting, in accordance with the provisions of this section. During the open portion of the meeting, prior to convening an executive session, the presiding officer of the governing body shall identify the authorization under this section for holding the executive session and present it to the governing body and to the general public, but no decision may be made in the executive session.
(b) An executive session may be held only upon a majority affirmative vote of the members present of the governing body of a public agency. A public agency may hold an executive session and exclude the public only when a closed session is required for any of the following actions:
(1) To consider acts of war, threatened attack from a foreign power, civil insurrection or riot;
(2) To consider:
(A) Matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of a public officer or employee, or prospective public officer or employee unless the public officer or employee or prospective public officer or employee requests an open meeting; or
(B) For the purpose of conducting a hearing on a complaint, charge or grievance against a public officer or employee, unless the public officer or employee requests an open meeting. General personnel policy issues may not be discussed or considered in a closed meeting. Final action by a public agency having authority for the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of an individual shall be taken in an open meeting;
(3) To decide upon disciplining, suspension or expulsion of any student in any public school or public college or university, unless the student requests an open meeting;
(4) To issue, effect, deny, suspend or revoke a license, certificate or registration under the laws of this state or any political subdivision, unless the person seeking the license, certificate or registration or whose license, certificate or registration was denied, suspended or revoked requests an open meeting;
(5) To consider the physical or mental health of any person, unless the person requests an open meeting;
(6) To discuss any material the disclosure of which would constitute an unwarranted invasion of an individual's privacy such as any records, data, reports, recommendations or other personal material of any educational, training, social service, rehabilitation, welfare, housing, relocation, insurance and similar program or institution operated by a public agency pertaining to any specific individual admitted to or served by the institution or program, the individual's personal and family circumstances;
(7) To plan or consider an official investigation or matter relating to crime prevention or law enforcement;
(8) To develop security personnel or devices;
(9) To consider matters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving commercial competition, which if made public, might adversely affect the financial or other interest of the state or any political subdivision: Provided, That information relied on during the course of deliberations on matters involving commercial competition are exempt from disclosure under the open meetings requirements of this article only until the commercial competition has been finalized and completed: Provided, however, That information not subject to release pursuant to the West Virginia freedom of information act does not become subject to disclosure as a result of executive session;
(10) To avoid the premature disclosure of an honorary degree, scholarship, prize or similar award;
(11) Nothing in this article permits a public agency to close a meeting that otherwise would be open, merely because an agency attorney is a participant. If the public agency has approved or considered a settlement in closed session, and the terms of the settlement allow disclosure, the terms of that settlement shall be reported by the public agency and entered into its minutes within a reasonable time after the settlement is concluded;
(12) To discuss any matter which, by express provision of federal law or state statute or rule of court is rendered confidential, or which is not considered a public record within the meaning of the freedom of information act as set forth in article one, chapter twenty-nine-b of this code.
For any of the Council, Recorder, or Mayor to learn more about the laws they are suppose to adhere to, it's easy. Just call the Ethic Commission at 304 558 0664 or ethics.wv.gov.
AW
The Gathering Jan 9th
See the patches and holes on Cyndi Mullins (L) jacket?
We think someone needs to take up a collection for a new jacket.
Mayor Josh Shamblin