VIENNA - Vienna City Council continues to wait for an opinion from the attorney general on the legality of Mayor David Nohe also serving as a state senator.
But his position could only be challenged in court, the city attorney said.
"The attorney general's opinion is not binding; it's only an opinion," said City Attorney Russell Skogstad during Thursday's city council meeting. "Council would need to take some legal action to challenge an elected official."
City council members sent a letter to the attorney general last month requesting an official position on whether Nohe, who is in the middle of his fourth term as mayor, can legally serve as a state senator.
In November, he won the race for the 3rd District state Senate seat, a position long held by Frank Deem.
Skogstad said the attorney general is not obligated to send a reply.
This week, City Recorder Randy Rapp sent a letter to Secretary of State Natalie Tennant, inquiring if the city of Vienna would be allowed to put the mayor's position on the ballot for his unexpired term if there were an election to fill the West Virginia governor's term.
"I want to know what all our options are," said Rapp.
Under West Virginia Code, as city recorder, Rapp would be acting mayor in Nohe's absence. If council decided to challenge Nohe's position in court and won, council could appoint a Vienna council member to serve as mayor without an election, said Skogstad.
"Right now there are a lot of ifs," said Skogstad. "We will cross these bridges when we come to them."
Asked if council would challenge Nohe in court, Rapp said he is prepared to do whatever is in the best interest of Vienna citizens.
"Whatever the citizens want to see happen, I want to see happen," said Rapp. "Whatever the six people on city council decide to do, that is the course of what will happen."
Councilman Bruce Rogers said Vienna's statutes and ordinances do not clearly define the mayor's job description, causing uncertainty on the issue.
"We're sort of left in a gray area here," said Rogers. "Parkersburg's charter is more clear on this issue, and clearly states that a mayor could not also serve as a senator."
While the issue is still being debated, Nohe said he sought legal opinions from the secretary of state and Skogstad before running for the Senate and was given the green light.
"The secretary of state provided me with nine other instances of mayors serving in the state Legislature," said Nohe. "I am prepared to do both jobs. It's hard, it's time-consuming, but it's been working out extremely well right now. I knew what I signed up for when I ran for senator. I just want to fulfill my commitment to the people."
Nohe said he fears that some council members are ignoring the voters' choice.
"I will abide by any court decision, but I am up to the tasks of both jobs until my term as mayor is complete. Serving in both positions was my platform when I ran for the Senate, and I never tried to hide it," he said.
