Businessman files lawsuit against City of Beckley over vote on city manager
BECKLEY, WV (WVNS) — A Beckley business owner filed a lawsuit against the City of Beckley in Raleigh County Circuit Court on Tuesday, January 23, 2024, alleging that a recent decision by Beckley Common Council to change the city’s form of government violates state law.
Douglas Epling, owner of Mountain Edge Mining, Legacy Resources and Hanover Resources, filed the lawsuit as a citizen.
Beckley Common Council voted in a 4-3 vote earlier this month to pass an ordinance which changes the city government from a strong mayor to a weak mayor and strong Council with a city manager form of government.
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Mayor Rob Rappold had supported the move, which Council was set to approve. At that time, Epling had said he would file a lawsuit, prompting Rappold to urge Council members in an email to place the question on a popular ballot to allow voters to decide.
Later, however, the item appeared on the agenda, and Council voted on January 9, 2024, to reduce the mayor’s responsibilities and to hire a city manager, effective July 1, 2024, when the new term starts.
In the lawsuit, Epling stated that Council violated state law by acting to reduce the powers of the mayor while simultaneously ordering the hiring a city manager.
The lawsuit asserted Council does not have authority, under West Virginia code, to do both, and Epling asked the judge to declare the ordinance is a violation of state code and to order that the issue be placed on a ballot and handed over to the popular vote.
“They have to put that before the people,” Epling told 59News on Tuesday evening. “In my opinion, they (Council) tried to sneak that through.
“I am a stakeholder in the city, my wife and me, both, so somebody had to stand up, and I just took the initiative to stand up.”
59News reached out to city attorney Bill File for comment around 9:30 p.m. Tuesday but did not get an immediate response.
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Epling said he gave “all kudos” to the at-large Council members, Sherrie Hunter and Cody Reedy, and to Ward 5 Councilwoman Janine Bullock, who voted against the ordinance.
Four members of Council –Tom Sopher (Ward 1), Bob Canter (Ward 2), Robert Dunlap (Ward 3) and Kevin Price (Ward 4) — voted in favor of the ordinance.
In the case Council cannot appoint a city manager by June 14, the mayor will designate a manager until Council approves a permanent candidate, according to the ordinance.
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