Morgantown, West Virginia, mayor releases statement on Community Policing and Citizens Review Board, Attorney General’s response

The Community Policing and Citizens Review Board was formed over the summer, with the intent being to hold its own investigation in the event of a complaint against the city’s police force. The board would then reveal its findings and suggest actions to the mayor and chief of police.

Morrisey’s letter, sent Thursday afternoon, cites state precedent that a municipality has “only the powers granted to it by the Legislature and that state code prevails whenever a city ordinance or resolution is inconsistent or in conflict with state law.”

The attorney general essentially said that if there is any conflict between local and state government in the matter, state law will trump local law.

Dulaney wrote in his statement that the board is not trying to tell the police force what to do; rather, the board is trying to be a voice for those who need it most.

“The intent is not to limit the authority of a Civil Service Commission, circumvent state law or give power to an independent board to directly discipline officers or instruct who is and is not hired within our police force,” Dulaney wrote. “The intent is to lead the way in providing opportunities for our family members, friends and neighbors who are most affected by racial discrimination inherent in our rational justice system to be more fully heard.”

The Community Policing and Citizens Review Board met Monday afternoon via Zoom video conference. The group spoke of ways to address issues with public perception of the group’s intent, and also to get input from community members.

City Attorney Ryan Simonton noted he would reach out to Morrisey’s office for more clarification on what issues the board actually needs to address and possibly change. Dulaney said at Monday’s meeting that he was preparing to release a statement.

“Development of (an) ordinance is ongoing, collaborative and being conducted openly, and we appreciate that the attorney general offered his opinion prior to the completion of our work,” Dulaney said in his statement. “I am confident that this special committee and city council can and will abide by state law while strengthening community policing efforts and allowing for recommendations on discipline and hiring to be made to our police department, through its police chief, by an independent, civilian body.”

WV News reached out to Morrisey’s office about Dulaney’s statement and received the following response from Curtis M. Johnson, press secretary:

“The Attorney General pointed out several issues with the draft and would be happy to have discussions about these issues with the mayor and council and how best to ensure that any proposals comply with state code.”