Morgantown police review board plan unlawful, West Virginia AG says
(The Center Square) – A Morgantown, West Virginia proposal to establish a civilian review board will likely face a legal challenge if enacted after West Virginia Attorney General Patrick Morrisey issued a formal opinion that said he believes such a board would violate state law.
As it is written, the proposed ordinance would establish a board to investigate police misconduct if a complaint is filed to the board by a civilian. If the board determined there was misconduct, then it would provide a recommendation to the police chief for disciplinary action. The board would not be able to make any binding disciplinary decision, rather only recommendations.
The city council considered a similar proposal last year, but revised the language after Morrisey claimed the investigatory powers were too strong. However, he sent a similar letter to the board saying the revision is still incompatible with laws that state the civil service commissions have complete and exclusive authority over the investigation and adjudication of alleged police misconduct.
“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 said in a letter to the city council. “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.”
The City of Bluefield has enacted a civilian review board with less investigatory powers than the Morgantown proposal.
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