WHEELING — Though City Council is working with an outside law firm to determine what steps to take regarding suspended City Manager Robert Herron, the body won’t make a decision until his DUI charge is resolved, Mayor Glenn Elliott said.

“We do not have a specific timeline set for our next steps,” Elliott said. “It is my intention that we as a city council will be able to meet with Mr. Herron directly before making any final decision. It would be premature, in my opinion, to have that meeting occur prior to there being some resolution regarding his pending criminal charge.”

Herron faces a misdemeanor charge of aggravated driving under the influence charge from March 10, and the criminal complaint against him is being handled through Ohio County Magistrate Court. No court dates regarding his charge had been scheduled as of Thursday.

A delay occurred in the case’s scheduling after the Ohio County Prosecutor’s Office disqualified itself, Herron’s attorney Robert McCoid said.

The matter was referred to the Prosecuting Attorneys Institute in Charleston, which recently assigned Jack Wood of Hancock County to serve as special prosecutor.

“One reason for the delay of scheduling was because of the conflict issue,” McCoid said. “Now that that’s resolved it will get on the calendar quickly and we’ll set about litigating it or resolving it.”

An Ohio County sheriff’s deputy arrested Herron the evening of March 9 after he was involved in a car accident at 16th and Market streets.

Investigators determined his blood alcohol content to be .305 percent, nearly four times the legal limit to drive a vehicle in West Virginia.

City Council on March 11 indefinitely suspended Herron without pay and appointed Fire Chief Larry Helms as acting manager. The body later approved a resolution to hire outside legal counsel to help decide what to do regarding Herron’s employment.

Now, Rick Wallace of the employment law firm Littler Mendelson P.C. is advising Wheeling on what decisions to make regarding Herron’s position, Elliott said.

“We felt that an outside counsel was appropriate here to avoid any actual or perceived conflicts of interest of having any city employee advise us on matters relating to his or her supervisor,” Elliott said. “We also felt that it was important to have an employment law expert for this situation, and Mr. Wallace is highly respected in this regard.”

Council met with Wallace behind closed doors on April 4, and Elliott said he has spoken with him separately on several occasions. Council members asked Wallace to provide them an overview of employment law considerations and a “general framework” of available options, Elliott said.

“At this point we are proceeding with great caution and are simply considering the entire range of options that are available to us,” Elliott said. “We have not yet pursued any particular course of action beyond the indefinite suspension last month.”

In addition, to help oversee several city projects during Herron’s suspension, the city is working with consultants Travis Blosser and Craig O’Leary. O’Leary is program director at the Wheeling-based Regional Economic Development Partnership, and Travis Blosser serves as deputy executive director at the West Virginia Municipal League.

The city’s legal department negotiated consulting agreements with both entities, Elliott said, and he expects the agreements to be signed this week. The consultants’ services will be offered free of charge, with the city covering expenses.

Two of the consultants’ largest priorities will be helping the city with its plans to add new public safety facilities and construct a parking garage to accompany the redevelopment of the former Wheeling-Pittsburgh Steel downtown headquarters, Elliott said. Before Herron was suspended, the city was working on a comprehensive review of all feasible options and sites for both projects.

“We have asked our consultants to help us continue this process so that we can decide in the next several months whether and how to proceed with each project,” Elliott said.

Elliott also thanked fellow city officials for their work during the past month.

“I am very proud of the way my fellow members of city council have conducted themselves during this difficult situation,” he said. “Whatever decision we ultimately make here could have a lasting impact on the city of Wheeling for many years, and we are taking this responsibility very seriously. I am also very appreciative of the work that Acting City Manager Helms and other city staff have done to keep the day-to-day business of the city running smoothly.”