Wellsburg Council to hold special meeting after regular session not posted properly
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WELLSBURG - Wellsburg Council is scheduling a special meeting for next week after concerns were raised Tuesday as to whether its regular meeting was properly advertised.
Shortly after Mayor Dan Dudley gaveled what was to be council’s regular meeting to order, Tuesday, Councilman Tom Gaudio raised a concern as to whether any action could be taken, citing possible violations of open meeting regulations.
"The act mandates that we give the public the agenda three days prior to the meeting," Gaudio said. "That was not done."
Under the West Virginia Open Meetings Act, the notice of, and agenda for, a regular meeting must be available to the public no later than three business days prior to the meeting. Special meetings require two business days, and emergency meetings require notification as soon as practicable.
The day of the meeting, weekends or legal holidays cannot be used in calculating when such notices are to be made.
City Clerk Jeannette Paugh noted she had attempted to email the agenda to council Sunday night, but had issues, so it wasn’t available until Monday.
Adriana DiMatteis, associate attorney with the city’s legal counsel of Frankovitch, Anetakis, Simon, Decapio & Pearl, after consulting with one of the firm’s senior attorneys, informed council that Gaudio’s assessment was correct.
"Unfortunately, you guys cannot hold business or make any kind of voting decisions tonight," DiMatteis said.
Dudley recommended the special meeting be set for 7 p.m., Nov. 17, with council agreeing. The special meeting is set to follow the same agenda as was to be considered this week.
Councilman Larry Swanson asked if these requirements also mean council has to have their requests submitted for consideration earlier than they have been.
"We’ve been working real hard to get all of the information in four days before the council meeting," Swanson said.
It was recommended agendas be posted on the bulletin board located outside of City Hall, or on the building’s door or in the lobby.
Another issue raised - this time by Councilman Randy Fletcher - was a claim of incomplete reports being provided to members, with Fletcher noting, in particular, having not received financial information prior to Tuesday’s scheduled meeting.
"I don’t have nothing to even look at," Fletcher said.
While no business was conducted, council did hear from a representative of Empower and Link about some of the organization’s operations and plans, as well as received an update on a lighting project for the city’s ballfields.
(Howell can be contacted at chowell@weirtondailytimes.com)