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State says ouster of Keyser Council member was not “Illegal”

July 21st, 2018 by WCBC Radio

The Keyser City Council’s sudden move to remove Karol Ashenfelter from her elected seat Wednesday was apparently legal, according to a representative of the West Virginia Secretary of State’s Office.
The Mineral Tribune reports following an executive session last week, the council voted 4-0 to remove Ashenfelter based on what mayor Damon Tillman said was “conduct unbecoming an elected official, slanderous remarks, and creating a hostile work environment.“  Since the council’s move, social media has lit up with those either supporting the ouster or questioning the legality of the way in which it was handled. According to the city’s original charter, however, “any officer, assistant or employee, elected, appointed or employed, may be removed at any time by a vote of a majority of the members of council.“ Those who are questioning the legality have referenced West Virginia elections law, which lays out a much longer and more detailed process to remove someone from elected office. According to Mike Queen, communications director with the Secretary of State’s Office, however, if a city operates under a charter, that charter takes precedence over the state code.

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