A special session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, was held on Monday, August 26, 2002, at 5:30 p.m. in the Council Chambers of the Weirton Municipal Building, with Mayor Dean Harris presiding.

Councilmembers in attendance were Charlie Mitchell, D.J. Minella, John Moore, George Ash, George Kondik, David Cline, and Christopher Fletcher.

City officials in attendance were Joseph Cicchirillo, Valerie Means, and Melissa Farley.

Mayor Harris led the Pledge of Allegiance.

It was moved by Councilman Ash and seconded by Councilman Fletcher to open the meeting for citizens comments; this passed unanimously. However, there were no citizens comments.

Discussion of Election Laws: Mayor Harris advised that there are some issues with the City's election laws as written in the City charter. It is planned at a future meeting to have an ordinance to change the charter to comply with the State election laws. Mr. Cicchirillo advised that he had written several weeks ago to the Secretary of State's office and had sent them a copy of the charter as regards election laws. The Secretary of State had responded in a letter, one paragraph of which recommended that the City Attorney draft an ordinance to bring the City in compliance with the State law. He had asked Mike Gaudio, City Attorney for Follansbee, to address Council on this issue, since he had worked to change Follansbee's election laws to bring them into compliance with the State.

Mr. Gaudio addressed the short time period between the City's primary election and the general. He advised that there are more absentee voting dates to keep track of now, in addition to all the other dates, that have to be met by the city clerk. Candidate registration is set for January 14 to 26. The State calendar is based on the State statute putting the general election on the second Tuesday in June. However, the City charter puts the general election on the first Tuesday in June. His first suggestion was to move the general to the second Tuesday in June. This would allow the city clerk to simply use the calendar for all election deadlines provided by the State, instead of having to figure out the calendar especially for the City. Mr. Gaudio advised that this was done in Follansbee several years ago.

Mr. Cline brought up the primary date, which he advised is not provided for in the State calendar. He stated that few cities in West Virginia have a primary. Mr. Gaudio disagreed, stating that many cities have a primary, including Follansbee. He advised that Follansbee uses the State calendar and puts the primary nine to ten weeks before the general. Mr. Cline also talked about the problems with setting up the absentee balloting time.

Mr. Gaudio talked about the election guide put out by the Secretary of State's office. It advises that the primary date is set by ordinance. The general can be set by charter change, and the primary can be set by ordinance. The guide advises that the nine to ten week gap between the two elections is essential. Mr. Fletcher asked when on this calendar the primary would ideally fall. Mr. Gaudio said that nine to ten weeks would put the primary on April 9. If there are any glitches in the process, the city clerk can check with the Secretary of State's office. Mr. Gaudio also brought up that some cities do not have a primary election.

Mr. Fletcher brought up that the primary is in the charter and asked if that would involve a charter change. Mr. Cline advised he tried to make charter changes as simple as possible so as not to confuse the voters. He was trying to comply with the dates.

Mr. Fletcher asked what happens if this fails in a vote. Mr. Gaudio said the vote did not have to be unanimous according to the State. However, the Mayor and Councilmembers advised that by the charter the vote has to be unanimous. Mr. Gaudio advised that if that is the case then the City would have to have a special election. Mr. Fletcher asked if the vote fails how would the next election be run. Mr. Gaudio talked about having an election relatively quickly before the general next year. There was discussion of coordinating this vote with the election in November. The Mayor talked about a possible challenge to the next election if this charter ordinance is not passed.

Mayor Harris voiced his opposition to doing away with the primary election. Mr. Cline asked about the cost of a special election. Ms. Means advised the cost for a special election would be $25,000, and for a primary and a general election $50,000.

Mayor Harris advised that it is key that Council sees their responsibility to follow State law. If this would not pass, they would have to see about putting this on the November ballot, or having a special election. Putting it on the November ballot would probably not be possible, but it would save money.

Ms. Means asked how it would be possible to even have an election in this short amount of time before January. Mr. Gaudio advised that Council could establish the special election by ordinance; he talked about a 30 day time frame between the ordinance and the election. He advised that a special election cannot be held if it is within six months of the general election.

Mr. Cline advised that many pieces of the charter conflict with State law in the election, but the clerk goes by State law. He talked about the confusion to the voters. Mr. Gaudio agreed, saying the elections should conform with the State code and the dates. Mayor Harris talked about how the City passes an ordinance to conform to State traffic laws. He also brought up the actions of the Charter Review Committee several years ago, and that they recommended changing the City election law. He talked about the problem of a contested primary election and the effect that would have on the general election. Mr. Cline talked about the City making a good faith effort to institute these changes. He also talked about the new Federal law allowing voters to vote absentee without a specific reason.

Mr. Gaudio spoke about putting together an ordinance for the charter amendment. A class II ad is then run about a public hearing on this issue; 30 days after the first publication the public hearing is held. If there are no objections, the second reading of the ordinance is held, and the ordinance can be adopted. The next election can then be run using the State's dates. The Mayor pointed out that this time frame would make it impossible to have this put on the November ballot. The City would then either have to call a special election or run the election with the possibility of a challenge.

Mr. Ash stated that he was under the impression that the City cannot supercede State or Federal laws. He also thought that the charter had a provision to follow all State laws. He asked Mr. Cline if he was suggesting that the City supercede the Federal absentee law. Mr. Cline advised he was suggesting that an ordinance be approved to get rid of as much language in the election section of the charter that does not conform to the State code.

Mr. Ash asked if the City was not going to follow the Federal absentee law. Mayor Harris advised the City will do its best to comply with this, but it will be difficult the way the charter is set up now. Mr. Cline talked about absentee voters applying to vote; when the ballots are received, the city clerk can get the ballot to the voter. Mr. Gaudio talked about a judge looking favorably at the City if the City is following the correct election dates if there would be any challenges.

Mr. Fletcher asked Mr. Cline if he is not in agreement with this. Mr. Cline talked about the schedule still being tight with the primary nine to ten weeks before the general, that this might have been best before the new absentee voting rules were put into effect. The primary date will have to be set by ordinance. Mayor Harris said ten weeks before the general would be April 2.

Mayor Harris advised that the ordinance will be prepared for the September 9 Council meeting. Mr. Fletcher asked if the recommendation will come from the City Solicitor's office. Mr. Cicchirillo advised that he had spoken to Mr. Fahey about this; Mr. Fahey requested that Mr. Gaudio address this, since Mr. Gaudio is familiar with this.

Mr. Ash felt this ordinance will probably pass; however, he believes there are citizens who will challenge this. He asked about putting this ordinance as an emergency reading and being prepared for a challenge. Mr. Cline advised that he felt this could not be put on the November ballot; the County is already preparing their ballot. Mr. Gaudio advised that if there is a challenge that it might be possible to hold a special election before the end of the year. Mayor Harris emphasized that Council needs to act based on State law; if someone challenges the ordinance, let it be known that they will be responsible for the extra expense to the City of an election. He could not understand why someone would challenge the City's efforts to be in compliance with State law. Mr. Fletcher felt that there was not a consensus for an emergency reading. He had no problem with doing this as an emergency reading. He asked if the reading failed to be unanimous on an emergency reading, would the failure force an election, or would the failure speak to the emergency reading aspect; he requested a ruling on this. Mr. Gaudio advised that this is not a situation that would support an emergency reading, and there would have to be a 30 day waiting period anyway for the public hearing.

Mr. Fletcher asked about the time frame for a public challenge. Mr. Gaudio advised there is the 30 day period and then the public hearing, and ten days after that if there is no challenge Council can have the second reading of the ordinance.

Mr. Kondik liked the idea of a public hearing. Mayor Harris again brought up this is not really an emergency reading situation, and the fact that there still has to be a public hearing. Mr. Cline felt that the ordinance setting the date of the primary should also be prepared.

Executive Session: Mayor Harris advised that the City Manager has requested an executive session consistent with West Virginia State Code 6-9-A-4 (4) to discuss personnel matters. This was moved by Mr. Ash and seconded by Mr. Minella; this passed unanimously. The Council reconvened into special session at 6:40 p.m.

Appointment as City Clerk: Mayor Harris advised that Melissa Anderson was resigning as City Clerk; he voiced his appreciation to her for all her efforts in that office, and he wished her and her family all the best. Council concurred.

Mayor Harris nominated Karen Orler to serve as city clerk finish out the current term of office; this motion was made by Mr. Cline and was seconded by Mr. Fletcher. This passed unanimously.

With no further business before this August 26, 2002 special session of the Weirton City Council, the meeting was adjourned.

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