Town Council / Mayor  A Handful
Feb 9 2024


     Town of Clay Mayor Josh Shamblin may have his hands full when it comes to who does the hiring process.  But first some background for our new clickers.
   For decades. Clay Town Council was made up of elected folks that did little to nothing. They showed up for meetings, grabbed their check, and little else happened. Serious issues were not addressed for months, if ever. Needless to say that made progress... not so much.
   For instance when the new bestest yet high tech Log Factory (sewer plant) was approved, the sitting Council must have never looked at the paperwork. In plain black and white, that plant was built for twice (600) as many customers that even exist today. A too large a plant means operating costs are exorbitant. Council and the Mayor back then just gave the thumbs up without a thought.
   A few years later that high tech marvel was spewing out a plume of untreated logs into the Elk River for weeks... until the EPA caught em and fined the Town $50,000.00 for their transgression.   Again, Council was not reading their monthly reports or even looking at that 150 yard wide swath of lumpy water. As much can be said for the Mayor back then, Arthur Jarrett.
   During COVID times, a stronger Mayor, Jason Hubbard, was appointed after Mayor Bev Whaling got her thangy in the wringer during the 2016 "Ape in High Heels" regional scandal. Hubbard set about to clean up the operations including the use of purchase orders to tighten purse strings.
   Now for now.
   Last Summer Town voters tossed out most of the old guard Council persons and installed three new folks on Council.  It has taken the newbees a while to figure out what they are suppose to do, what they can do, and what's kosher. During that eight month learning curve  Mayor Shamblin handled some duties normally reserved for Council. For instance, hiring employees.
  There's the background.
  We no longer attend public meetings on any kind of regular basis. But. Based on phone calls, emails, and chatter on the street corners, We think last week's Council meeting got heated,feisty, with fingers pointed, during secret time. We think at least one of the newbee Council persons piped out: Hold it Mayor, Council should be doing the hiring and not you. Rallying to the battle, the Mayor may have performed in a poor fashion if he said: It's none of your business who I hire!
   Whatever the case, feathers were, are rustled.
   The issue. 
   As best we can tell, Mayor Shamblin decided to hire that above mentioned Bev Whaling back and this time to be an office clerk. Maybe because of the controversy in 2016 (Trump election), or maybe because she was pretty much forced into resigning  her Mayor slot, or maybe, just maybe, A Council person or two are spreading their wings for the first time and told Mayor Shamblin: I ain't voting for your choice.
   Gulp!
 After that heated Feb 6th secret time, no vote was taken on the Mayor's pick for the office opening.
Enter Special Meeting time




   Notice the wording, "Personnel Exception" followed by "vote to hire".
  So the question is, what do the rules (law) say on who hires at a municipality?
  As best we can figure there are three types of municipality operations. One is called a strong mayor management system. Another is a strong council set up. And finally, larger towns, cities, use a strong Town Manager structure.
   So what does the Clay Municipality have? The correct answer is, none of the above.
   When the founding fathers, that would be the W Va Legislature, gave us our charter, they forgot to include hiring practices. Ditto for the existing Articles of Incorporation nor established Town Ordinances.
  What ta do What ta do.
  In situations like we're in, the standing policy is to use "historical practices". That means, Council does the hiring except for one position, Chief of Police, which by law falls to a Mayor no matter what.
  Up above is the agenda for a special meeting of Council. That action item Secret Time- Personnel Exceptions, that' troubling.
  The Mayor may be in a peeing battle with Council. Or worstest yet, thinking he had hiring power by the short hairs, maybe the Mayor already promised the position to his own pick.
  In either case, Mayor Shamblin may be in a hot spot.
  One other note just for the heck of it. If Council bends their noodle backs, a new ordinance has to be penned allowing for a mayor to do the hiring. There is no mention of any such new ordinance on the agenda. That personnel exceptions.... it sure doesn't mean to vote in secret for a new ordinance!
  And finally for this edition of Life in County Clay,walk back up to that special meeting agenda. Are you back? Good.
  For an agenda, any agenda, to be lawful, it must include date, time, place, and purpose for the meeting. Do you see any time on that agenda.
  It's the town Recorder's job to draw up and post meeting agendas. Melody Hubbard is the Recorder. Before you start finger pointing....
  Something is different on that above agenda. Normally when Hubbard does the agenda, you can see her initials at the bottom. There are no initials on that special agenda.
  We're guessing again but, we think a stomping his feet mad Mayor typed up the agenda and forgot to include the much needed time.

AW end


BUT WAIT! THERE'S MORE
Feb 11 2024



   Sometime after we snapped a pic of that first agenda, this second agenda appeared. That original agenda, Poof! It disappeared. That second agenda, quite different don't you think? Our article heading mentioned "a handful".
  This second agenda appears to be well styled and initialed  by the Recorder, and comes minus ANY mention of a secret time or an actual vote on a new hire.
  We were guessing that the stomping his feet Mayor put up the first agenda. There is wittle doubt now.
   How about some additional guesses. Here goes. We think who ever Mayor Shamblin wanted to slide into a paid job, he has lost his quorum and that won't be happening. Just a guess but stick it to your frig.
   And finally, look at that third item on who can be "involved" in a secret time. Keep in mind, we were not at the Feb 3rd meeting but putting a couple things together, invited into that secret time, that would be Randy Holcomb who serves as a Town Badge.
AW