CHARLESTON — West Virginia Attorney General Patrick Morrisey has advised Morgantown leaders again that his office believes the city’s proposed police reform ordinance would violate state law.
Morrisey sent a letter March 4 expressing concern an attempt by Morgantown City Council to create a Civilian Police Review and Advisory Board still would run afoul of the Legislature’s intent for the police civil service commissions to serve as a “complete and exclusive system” for the investigation and adjudication of police misconduct charges.
Even with the most problematic provisions eliminated, Morrisey said believes judicial precedent may require a court to strike down the ordinance in its entirety.
“It remains the opinion of the Office of the Attorney General that the Morgantown City Council does not have the legal authority to enact any municipal ordinance purporting to conduct investigations or hearings in connection with complaints relating to members of the Morgantown Police Department,” Morrisey wrote. “Any such ordinance would directly conflict with the express provisions of W.Va. Code.
“I hope this opinion persuades the Council to take no action in this matter that would violate West Virginia law.”
Morrisey first expressed concerns about the plan in September. Attorney Teresa Toriseva, who represents the Mon-Preston Fraternal Order of Police, also sent a letter to Morgantown city officials last month warning of a legal challenge if City Council passes an ordinance creating a Citizens’ Police Review Board
Morrisey’s latest letter notes Morgantown’s proposed police review board would violate sections of state law that require such complaints and any other matters that may result in punitive action against a police officer to be investigated and adjudicated through the city’s Police Civil Service Commission.
Morrisey maintains state law does not provide cities the ability to grant such authority to a separate entity, even to hold hearings or issue recommended actions. The letter also says civilian review boards in other states – examples cited by Morgantown officials – exist because laws in those states lack unique language that is present in West Virginia law, where civil service commissions are set forth as the “complete and exclusive system” for the investigation and adjudication of alleged police misconduct.
