Moundsville May Garnish Wages Over Unpaid Fees
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MOUNDSVILLE -- Moundsville City Council will soon conduct the second and final reading of a proposed ordinance related to garnishing wages in Municipal Court.
Council's next meeting is set for 6 p.m. Tuesday at the city building.
Moundsville City Manager Rick Healy said the proposed ordinance would give the city authority to garnish wages when there is a judgment in Municipal Court due to non-payment of city fees.
"This will impact those who are delinquent on city fees such as garbage, public safety fees, and municipal fees," he said. "This will be done after a payment arrangement is rejected or goes in default."
Non-payment of fees has been an ongoing issue for the city.
"In searching for ways to combat delinquent fees, this is another tool in the toolbox," Healy said. "I cannot give you a number, but will say this is an issue that we deal with regularly."
On Thursday, Councilwoman Brianna Hickman said she is in favor of the ordinance. She noted council and its policy committee had much discussion on the topic before bringing the proposed legislation before council.
"The city manager explained there were a lot of people who don't pay, but still receive services," Hickman said. "This will be a last attempt to collect fees after we've exhausted other options."
She added that, before the ordinance is enacted and enforced, Healy plans to work with employees on creating a related policy to follow regarding enforcement of the ordinance.
Mayor Sara Wood-Shaw said the idea was brought to council by city hall. She noted it is not a new problem, but one that needs to be addressed.
"The policy will include language that the city cannot garnish a whole paycheck, only a certain percentage," she said. "We know individuals are struggling right now ... People have families to feed and taking any more than necessary is not something the city is interested in."
She also added the ordinance would not be implemented until the accompanying policy is in place and reviewed by council. She said payment plans will be based on a person's income. It will also take into consideration people who are not working or have low incomes.
"The policy will include language that the city cannot garnish a whole paycheck, only a certain percentage," she said. "We know individuals are struggling right now. … People have families to feed and taking any more than necessary is not something the city is interested in.
"A person who does not have an income coming in or thinks it will be an undue hardship may be able to appeal wage garnishment," Wood-Shaw said.
Councilman Eugene Saunders said he does not agree with the proposed ordinance. He believes the city should give people a second chance to make payments. For example, if they default on a payment plan, a new payment plan with a smaller amount should be tried before a person's wages are garnished, he said.
"We're not a rich city. Most are elderly and can't even take care of themselves. ... I don't think it's right. A lot of people can't afford it," Saunders said.
Saunders said he believes Healy is trying to do what's right for the city, but he still believes the proposed ordinance should include a second chance for people.
Councilman Randy Chamberlain said he believes the measure will be used sparingly as most people do keep up with their payments and payment plans. Some residents have extenuating circumstances and the city tries to work with them first.
"It's unfortunate these steps sometimes become necessary. It's not the first option to collect; it's going to be a last resort after we've tried to work with individuals who owe money," he said.
Chamberlain said the city is permitted to use such an ordinance because of related legislation from the state.
"I think the number of incidents would be miniscule," he said of garnishing wages.
Councilman David Wood believes the ordinance is needed.
"My feeling is that this is something that has been needed for a long time," Wood said. "We do have some residents who take advantage of this situation and are not paying fees and fines. This is not aimed at any segment, but those who abuse the system."
Wood also said the city takes individual situations into consideration and understands there are extenuating circumstances. He noted the proposed ordinance will allow the city to work with and address everyone's needs.