Special Recall Election Would Cost Wheeling Taxpayers $52K
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WHEELING - If an effort to recall Wheeling Mayor Denny Magruder leads to a need to hold a special recall election, taxpayers in the city of Wheeling will be footing the bill for it - to the estimated tune of around $52,000.
The effort, spearheaded by Bethlehem resident and Wheeling business owner Johnny Haught, was launched early this month. Haught has stated the push for a recall was sparked by a number of occasions when groups of citizens packed city council chambers and asked officials for support on various things, but were "ignored" many times.
Petitions have been circulating throughout town this month to initiate the process of recalling the mayor - a process which is outlined in Wheeling’s city charter.
Although parameters in the state code indicated that such a recall petition would require verified signatures from 20% of a municipality’s eligible voters, the city charter has a lower threshold. In order to recall the mayor or a member of city council, a petition would require verified signatures from only 10% of eligible voters in the city.
According to the West Virginia Secretary of State’s office, the language in the city charter supersedes the state requirements.
"The charter provision controls," said David Cook, general counsel for the W.Va. Secretary of State. "The operable language in West Virginia Code Section 8-12-4 provides that the city may provide for any or all of the following …"
That 10% number in Wheeling currently stands at 17,734 voters, according to Ohio County Election Coordinator Erin Allietta.
"This number includes both active and inactive voters, because inactive voters are still eligible to vote - they just haven’t voted in two cycles," she explained.
If enough signatures are submitted and verified, the action could trigger a special recall election.
Although the county coordinates election activities, the cost of such a recall election would fall squarely on the shoulders of Wheeling taxpayers.
"The city would be billed for the entirety of a Wheeling special election," Allietta said.
Allietta said according to the city administration, that cost would be in the neighborhood of $52,000.
It’s been several years since a special election took place in Ohio County but in the past, they have been held for various reasons.
"The county is only required to keep certain records, and most election material is only required to be kept for 22 months," Allietta said, noting one of the most recent special elections took place locally more than 15 years ago. "That being said, I do have some files indicating a special election in August of 2010 when Robert C. Byrd passed away in office."
Having a special election during the regular election cycle is possible, but because of strict timing guidelines in the charter regarding the recall process - including the need for verification of signatures, hitting a pre-scheduled general election or primary election to coincide with a recall election would be very difficult to line up. A special recall election would most likely have to be held, particularly with the current cycle, Allietta indicated.
"We are days out from the upcoming general election, so a special election would not coincide with the election this November," she said.
If enough signatures are obtained to move ahead with the recall effort, the petition must be filed with Wheeling City Clerk Jessica Holloway. She and Allietta would have to collaborate to examine and certify that each name on the petition is actually from a qualified voter. The charter also cites specifications for these petition requirements. An affidavit from the circulator of the petition must be provided, stating that "each signature was made in the circulator’s presence on the date specified and that each is the genuine signature of the person whose name it purports to be." In cases requiring signatures of qualified voters, the affidavit must also state that each person is to the best of the circulator’s knowledge and belief a qualified voter of the city of Wheeling.
The clerk can certify that the petition is in good form and submit it to city council or she must state in writing the defect or defects that make it insufficient for submission. If it is returned to the city clerk within 10 days thereafter and is found to meet all requirements, the clerk is to forward the petition to council.
Additional city funds may likely be spent during this process, as the charter states the clerk may be allocated money to help accomplish the task of verifying more than 1,700 signatures. A "reasonable sum as may be necessary to secure any additional help required to assist in the examination of any petition or petitions," the charter language states.
If all of those requirements for a recall petition are met, council will order and fix a date for holding a special recall election, not less than 30 days nor more than 50 days from the date of the clerk’s certification. Council must publish notice of the election once a week for three successive weeks in two newspapers of general circulation in the city. The ballot for such a recall election must give voters the option to vote either for or against the removal of the elected official.
If a majority of votes cast are in favor of recalling the council member, the member must forfeit the council seat. Members of city council would then at its next meeting following the recall election appoint a successor to fill the unexpired term of that office.
Suspension of a council member may take place before a recall election if enough signatures - 5,000 or more - are obtained on the petition, the code states.
The recall effort was initiated by Haught at the beginning of this month, but Haught has noted several people are participating in the collection of signatures on petitions. He stated the effort is to "make a statement" about how voices of constituents cannot and will not be ignored.
Haught has indicated the majority of city council on many occasions has not done its job by serving the will of their constituents. He has also indicated the recall effort targets the mayor simply because he presides over the council activities and occupies the most prominent seat. It has also been proposed opponents of this council may continue to circulate petitions and initiate efforts to unseat each member one-by-one through the recall action.
If this were done and individual special elections were held for all seven council members at a cost of $52,000 each time, the total cost would likely exceed $364,000.
This recall effort stemmed from a number of concerns raised by Haught and other vocal citizens who have attended council meetings and other organized events to speak out on various issues.
An ongoing fight by several residents to stop a new data center from coming to the former Centre Foundry & Machine Company in Warwood was the latest example of city council members failing to represent the will of their constituents, Haught has indicated.
He also cited pleas to allow a gay pride flag to fly on the city flag pole at Heritage Port during an LGBTQ community event as another example of citizens being ignored, as a majority of council members instead supported legislation limiting flags permitted to be flown on municipal flag poles to the American flag, the flag of the state of West Virginia and the official flag of the city of Wheeling.
The city’s action to close a homeless encampment despite vocal pushback from many of the same citizens was cited as another example of city officials failing to listen to the people they are charged with representing.