Beckley, West Virginia — The Beckley City Council's decision to move to a city manager system was heard again in court Friday on the city's motion to dismiss a legal challenge by a Beckley businessman.
The city told Raleigh County Circuit Court Judge Andrew Dimrich that businessman Doug Epling's lawsuit should be dismissed because the city charter gives the city council the authority to sue.
Its charter stated that Congress could pass ordinances changing the form of government. Beckley had a strong mayoral government.
Dimrich heard testimony but did not issue a ruling Friday.
Epling's lawyers argued that the City Council's vote on Jan. 4 and 3 to reduce the mayor's powers and simultaneously hire a city manager violated state law.
Epling told reporters after Friday's hearing that the City Council is ignoring Beckley residents by denying them the opportunity to vote.
“I just think people need to be represented and someone needs to take up the fight for them,” Epling said.
He added that the city government is ignoring residents in other areas.
“I love this community. I love my wife and my family. Someone has to speak up for people,” Epling said.
Beckley Mayor Rob LaPold sent an email to council members in January proposing to put the issue to a referendum vote; He said he thought he would vote to consider the city manager's proposal. The lawmaker then changed his mind and said he would vote yes, the report said.
“Council rules. That's how it all came together,” LaPold said. “We thought if we tabled this and there was a motion to bring it to a referendum, we could do that. Either way, I think that's fine.”
Beckley City Council has not yet found a city manager. The company's hiring committee unanimously recommended this week that it hire a Virginia-based search firm to help.
Mr. Epling is represented by attorney Debra Varner. Attorney Karen McElhinney represented the city at Friday's hearing.
WJLS reporter Keith Thompson contributed to this article.
