Attorney seeks audience with Parkersburg City Council over lawsuit

Civilian investigator job in Police Department approved

PARKERSBURG -- An attorney representing firefighters who sued over changes to their longevity and EMT certification pay asked Parkersburg City Council to meet with him over the lawsuit.

The suit was filed over a 2017 change in which firefighters' pay for longevity and emergency medical technician certification was reduced based on the change from a 48- to 54-hour work week. The city argued the pay should have been altered when the work week was changed in 2011, but Wood County Circuit Court Judge Robert Waters ruled in the plaintiffs' favor last month.

"My understanding is the city intends to appeal that ruling," attorney Walt Auvil said during the public forum portion of council's regular meeting Tuesday at the Municipal Building.

Auvil asked to meet with council as the Committee of the Whole or another body to present the situation to them, adding he would welcome the administration to give its side as well.

More than 30 firefighters were affected by the change, he said. They are owed back pay and the incorrect rate also affected retirement calculations, Auvil said.

"About half a dozen of them are retired at what we believe to be the wrong retirement rates," he said. "That's going to be a mess to fix."

Parkersburg Mayor Tom Joyce declined to respond Wednesday, saying he does not comment on ongoing or pending litigation.

Council voted 7-0, with Councilman Mike Reynolds absent, to approve the first reading of an ordinance establishing a civilian child abuse and exploitation investigation specialist in the Police Department.

Police Chief Matthew Board said the employee would supplement the work of a detective who specializes in crimes against children involving the Internet. The specialist would be able to interview suspects, victims and witnesses and testify in court but could not file for arrest or search warrants.

Board said this will allow the department to devote more resources to child abuse and exploitation cases without taking an officer off of other duties. The department has 61 sworn officers but is budgeted for 72.

"We do not have an overwhelming problem with child exploitation in this area, but it's something I want to stay ahead of the eightball on," Board said.

Council also voted 7-0 to approve a resolution declaring a vacancy in the District 9 seat, after Councilman Austin Richards resigned Friday because he was moving out of the district. That starts a 10-day period for the city Republican Executive Committee to nominate three candidates to complete his term. Joyce will then have five days to appoint one to the seat.

Republicans who live in District 9 and are interested in the seat are asked to mail resumes to the Wood County Republican Executive Committee, P.O. Box 4737, Parkersburg, WV 26104, so they have them in hand by Monday, Sept. 19. Members of that committee who live in the city will interview applicants and make the nominations.

Council Vice President Sharon Kuhl and Councilman Bob Mercer said before the vote that Richards would be missed.

"Mr. Richards was not with us for very long ... but he made an impact on our council," Kuhl said.

To replace Richards on committees, Council President Zach Stanley announced he was appointing Councilwoman Jesse Cottrille to the Finance Committee, Councilwoman Wendy Tuck to Personnel and Councilman J.R. Carpenter to Public Works. He named Councilman Chris Rexroad chairman of the Public Works Committee in Richards' stead.

In other business, council voted unanimously to reappoint Ed McDonough to the city's Audit Committee and approved the final readings of ordinances establishing pay incentives for code enforcement employees to get professional certifications and approving the updated pages of the city's codified ordinances.