Pancake, 032919 WVAGO, AGO 032919
Case Date | March 29, 2019 |
Court | West Virginia |
May a city council remove a member pursuant to the process set forth in the city's charter if that process conflicts with the process for removing municipal officers established by state law?We conclude that cities may set procedures by which a city council may remove one of its own members from office, provided that such process does not conflict with state law. Here, where it appears that the City Council purported to remove a member in a manner directly at odds with applicable state law—specifically, the process outlined in West Virginia Code § 6-6-7—the state law process controls. Discussion The West Virginia Constitution...
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