Archive for July, 2015


The Gilmer Free PressThe Clarksburg Exponent-Telegraph on Sunday, July 26, 2015 published the following article about whether the Harrison County Commission violated the State code in hiring of an County Administrator.

Gilmer County Commission has hired three administrators in past 3 or 4 years!

My question is: Did the Gilmer County Commission Violate section 7-1-1a of West Virginia Code?

CLARKSBURG EXPONENT TELEGRAM:
COUNTY CLERK: HARRISON COMMISSION MAY HAVE VIOLATED STATE CODE IN HIRING OF ADMINISTRATOR

CLARKSBURG — The Harrison County Commission may have violated a state law that dictates the process for modifying a county’s government when it hired County Administrator Willie Parker in 2013.

That’s according to County Clerk Susan Thomas, who pointed to section 7-1-1a of West Virginia Code, which outlines a series of steps to be followed before altering a county’s form of government — including the hiring of a county administrator. These steps include passing a resolution seeking approval from the Legislature and collecting signatures from 10 percent of the county’s registered voters.

Connie O Stinky Commissioner Administrator shown on right, with HESS, KENNEDY —

How it used to be in Gilmer County ….Connie O Stinky Gilmer County Commission Administrator shown on right, with HESS, (left)KENNEDY —” And is he a pitcher or a catcher? .. Darrel Ramsey,” whose son said dude had sex with a boy from the head start program when the son was drunk as hell at the folk festival back in 2010 the summer the Butcher Bitches BROKE BAD on the CalPatty Press.

“The way I look at it, they’re violating 7-1-1a and have been since he was hired,” Thomas said. “They never changed the form of government, and I think (Parker) is doing things that are outside the realm of what an administrative assistant would do. He’s making decisions I think that should be made by an elected official.”

The Taylor County Commission recently reversed its decision to hire a county administrator after consulting with prosecutors during a special meeting June 29.

Taylor County Assistant Prosecutor Shawn Nines said he informed the commissioners of 7-1-1a of state code as it applied to their hiring of a county administrator.

On June 12, the West Virginia Supreme Court of Appeals issued a memorandum decision in Nicholas County Commission v. Tim Clifford, another case pertaining to 7-1-1a.

In the case, the Supreme Court ruled 3-2, affirming a circuit court ruling that the Nicholas County Commission had hired a county administrator without following the steps outlined in state code for altering the form of county government.

“It is undisputed that the Commission’s actions were taken without complying with the requirements of West Virginia Code 7-1-1a,” the written decision states. “We find no error in the circuit court’s order annulling and vacating the position of county administrator and rescinding the hiring of (Nicholas County Administrator Roger) Beverage based upon its conclusion that the Commission bestowed upon Mr. Beverage as county administrator unfettered discretionary authority as to the affairs and administration of the Commission and, in doing so, changed the existing form of county government without first complying with any of the requirements of West Virginia Code 7-1-1a.”

But Parker and the commissioners who hired him drew distinctions between what transpired with the county administrators in Nicholas and Taylor counties and the situation in Harrison County.

Harrison County had established the position of county administrator prior to Parker’s hiring, a fact both Parker and Commission President Ron Watson were quick to point out.

“The county administrator had always been a part of the county for a number of years,” Watson said.

According to Thomas, the first record she could find of an individual officially holding the title of “county administrator” was James Harris, who was promoted to the position in 1998. Others served in administrative-type roles prior to Harris, Thomas noted.

Based on available records, the county administrator position was vacant from 2006 until 2013, when Parker was hired, according to Thomas.

Section 7-1-1a went into effect in 2008, according to an official with the West Virginia Legislature.

Regardless of whether the position had been created or not, Watson said the duties Parker performs do not constitute an alteration of the county government since there’s no transfer of power away from the county commission.

“In Willie’s case, anything that he has done since we’ve hired him, he’s been directed by the county commission, and he hasn’t generated that on his own,” Watson said. “It may have the appearance that he’s done something (on his own), but I can assure you and anyone else that any action he takes has gotten the approval of a county commissioner.”

Parker echoed that assessment, and he also pointed to Section 7-1-3m of West Virginia Code, which came up during the Nicholas County case and states that county commissions “are hereby empowered to employ, fix compensation for and discharge … personnel, including specialists and consultants, as may from time to time be necessary to aid (commissions) in exercising their powers or discharging their duties as provided by law and including a county administrator.”

Parker characterized his role as a staff member employed by the commissioners to aid them in carrying out their responsibilities.

“I don’t think the commission has given any level of their constitutional authority to me,” Parker said. “They’ve employed me to provide them recommendations, act on their behalf as they’ve so authorized, which is in line with 7-1-3m.”

Former commissioner Mike Romano said Parker’s role during his time on the commission didn’t violate 7-1-1a as he interprets it.

“The hiring of Mr. Parker as administrator was carefully considered by the commission in that he was hired to fill a role as the manager for the county commission,” Romano said. “He was not delegated any constitutional authority whatsoever, and he answers directly to the county commission in all actions he takes. That really takes the hiring out of the purview of a change in the form of government, because the county commission still maintains full control over all of its constitutionally delegated duties.”

Section 7-1-1a, for its purposes, describes the responsibilities of a county administrator in part as having “the authority to direct the administration of the county government under the supervision of the county commission. The county administrator shall carry out, execute and enforce all ordinances, policies, rules and regulations of the commission.” However, the description goes on to say that the county administrator would have the authority to “appoint or employ all subordinates and employees for whose duties or work he or she is responsible to the commission.”

Parker said he has no authority to hire or discharge staff.

According to the Supreme Court’s decision, Nicholas County officials who had their appeal struck down had made a similar argument regarding their hiring of a county administrator.

“Petitioners argue that the evidence showed that Mr. Beverage was not given all of the powers of a ‘county administrator’ as contemplated by West Virginia Code 7-1-1a because he was not permitted to hire or discharge employees; was not a member of the county commission; and would not have full decision-making authority,” the decision reads.

Thomas said she wants to make sure there’s a clear statutory basis for the duties Parker performs and expressed concern that — without approval from the Legislature and from voters — an unelected official was assuming responsibilities in Harrison County that should fall to the elected constitutional officers.

“I’m very concerned,” Thomas said. “I’m not only concerned as a public official, but I’m also concerned as a taxpayer.”

~~  Jeremiah Shelor ~~

By Editor Edison – CalPatty Press Editor for Revenge of the Ghost Wolf

Brian Kennedy stepped down as President of the Gilmer County Commmission and let Larry Chapman take over the lead chair.

Brian Kennedy stepped down as President of the Gilmer County Commmission and let Larry Chapman take over the lead chair.

Brian Kennedy who was PRESIDENT of the GILMER COUNTY COMMISSION when he was arrested for a DUI has waited 360 days for his day in court on that traffic infraction,he is headed to court this coming Tuesday at 10am. Brian, shortly after being detained for DUI got to be immediately arraigned on a late night Saturday night. Carol Wolfe was called at home and came rushing down to the courthouse to make sure the President of the Gilmer County Commission did not have to go to jail, like the rest of us would have, and that he could be released on his own recognizance.

When a criminal suspect is arrested, booked, and granted “own recognizancerelease, no bail money needs to be paid to the court, and no bond is posted. The suspect is merely released after promising, in writing, to appear in court for all upcoming proceedings. Only, in the case of Brian Kennedy he was never taken to jail and booked like you or I would have been. The Walrus got to go home to his new girlfriend, the one he was banging behind his now divorced wife’ Tara Kennedy’s back. Hoo ya! Tara Kennedy was a probation officer for the 14th district of the West Virginia Circuit Court, but her career became a train wreck when a complaint filed against her a few years back led to scandal and some serious truth being told about what a dumb bitch she really is.

Home of the 14th district circuit court and the Gilmer County Commission. The locals call this place the Crooked County Courthouse.

Home of the 14th district circuit court and the Gilmer County Commission. The locals call this place the Crooked County Courthouse.

David Karickhoff the skilled attorney that got 357 Evey off on a murder rap. Karickhoff has been hired as the defense attorney for Brian Kennedy and we heard from the magistrates clerk he is already asking to continue the court date from Tuesday July 14th to some date in the future,  until hopefully we all forget the

David Karickhoff the skilled attorney that got 357 Evey off on a murder rap. Karickhoff has been hired as the defense attorney for Brian Kennedy and we heard from the magistrates clerk he is already asking to continue the court date from Tuesday July 14th to some date in the future, until hopefully we all forget the “MY BAD” done by Brian Kennedy.

Here is how the headline read that reported the DUI bust of Brian Kennedy…

GLENVILLE, W. Va. — The West Virginia State Police arrested and charged Gilmer County Commissioner Brian Kennedy with a DUI over the weekend, although Kennedy was never taken to jail, but straight to the Gilmer County Courthouse where MAGISTRATE CAROL WOLFE was waiting for him alone so he would not have to be booked into Central Regional Jail like a normal citizen, maintaining his power elite status.

Senior Trooper K. J. Varner II pulled Kennedy over at 8:00 p.m. on Saturday after he was seen driving erratically on U.S. 33 in Gilmer County. This was NOT the first time for Brian Kennedy, that is for sure.

Once pulled over, Varner said he detected alcohol on Kennedy’s breath and initiated the proper procedures.

A secondary chemical test revealed Kennedy’s BAC was at 0.089, which is over the 0.08 limit.

Varner said Kennedy was cooperative while detained until around 10:30 p.m., when Magistrate Judge Carol L. Wolfe arraigned and released him on a personal recognizance bond.

According to Judge Wolfe’s office, as of Monday, no dates have been set in regard to the case, in fact Carol Wolfe recused herself from hearing the case and so did Magistrate Skinner, leaving NO MAGISTRATE available in Gilmer County to hear the case, therefore a court date cannot be set at this time.

A representative from the Gilmer County Commission has not yet been available for comment on the matter.

Common Sense for the Common Crooked County Crook IS what we got when we elected self proclaimed Gilmer County elitist Crooked County Commission President Brian Kennedy! His Common sense platform Kennedy ran on to get elected does not look sensible anymore, that is for sure!

And NOW some comments from Gilmer County Citizens posted on the Gilmer Free Press.

Is this the same joker that ran on the platform of   “Common Sense for the Common Man”? by vote him in again  

What gives people??
According to other posts he was driving on a revoked/suspended license??
This is now how many arrests for him??
Most citizens arrested like this go straight to being booked and jailed…….yet he walks on a personal recognizance bond?
Its not right people??
And we will get him for 6 more years as a commissioner??

Comment by doing GC proud 

Tara Kennedy was accused not too far in the distant past of being involved in a conspiracy that led to a wrongful conviction by knowingly presenting false evidence in an official probation report.  Since then Kennedy has made several outbursts in court and recently attempted to run over the publisher of the Gilmer Free Press, and actually did run over somebody’s foot in the incident!

Tara Kennedy was accused not too far in the distant past of being involved in a conspiracy that led to a wrongful conviction by knowingly presenting false evidence in an official probation report. Since then Kennedy has made several outbursts in court and recently attempted to run over the publisher of the Gilmer Free Press, and actually did run over somebody’s foot in the incident!

The law use to be if you were drinking and driving you went to jail for 24 hours and your license was taken away. Then you had to take classes to get it back and go to AAA meetings too. Does this law only go for a few people and not all? How can we walk tall? He could of killed himself or some other person. What is wrong with the people of Gilmer county, don’t you care any more? And the people we elected to hold up the law, give them a slap on the wrist and that is it. He could of killed one of your children or you. Would you not care? Even if you know the person who is arrested, they should get the same treatment as the rest of the people. Just because he is a commissioner doesn’t mean a thing when it comes to some ones life. Think about it.

Comment by Betty  

Nothing will happen.  Just watch.  And I sincerely doubt his alcohol level was ONLY that low if the officer was clearly able to recognize alcohol on his breath.  Kennedy has his bread buttered and he knows it, and he’s going to slide right out of this.  It’s how they do it in Gilmer County.

Comment by Watch and see  

Let’s not forget that Kennedy got pulled over for ERRATIC DRIVING.  Reports say he had over the legal amount of alcohol in his body.  Ok, so the jail is full and he’s a “big shot”, I get it.  But we all KNOW if it was one of us, they would have found space – but here’s my REAL question.  Was Commissioner Brian Kennedy actually booked for breaking the law and driving dangerously??  And Magistrate Carole Wolfe DID come out special on a Saturday night to help a brother out – but WHERE is Mr. Kennedy’s booking photo, and if there is not one, I’d like to know why.  That would have nothing to do with jail “space”.  Here we go AGAIN

To previous comment-er – they don’t post this stuff in the “local” print version of news like the Glenville Democrat and Pathfinder of BULLSHIT because you aren’t supposed to KNOW what the “big boys” are getting away with!!! comment by Watch and see  

How many times has the Gilmer commission president been arrested now?  Answer:  A bunch.
As well as DUI….wasn’t he driving on a revoked or suspended license as well?  No mention of arrest for that!
Was this the 3rd DUI?
Brian, we have a local “NarcAnon” chapter!! by get it right

THESE ARE JUST SOME OF THE OPINIONS OF CONCERNED CITIZENS OF GILMER COUNTY.  BUT PLEASE TRY TO UNDERSTAND NOT ONE SINGLE MEMBER OF THE COURTHOUSE CROWD GIVES A SHIT WHAT ANYBODY THINKS BECAUSE THEY DO WHAT THEY WANT TO IN GILMER COUNTY WEST VIRGINIA REGARDLESS OF THE LAW OF THE LAND.

Brian Kennedy has also dropped the BALL on the Cottrill estate debacle.  The final accounting was submitted to the Gilmer County Commission and the SALE of the alleged property was NEVER MENTIONED in the accounting and also the funeral expenses were never part of the FINAL ACCOUNTING which according to the report given by Linda Huff the fiduciary commissioner the accounting given by the executor of the estate Mike Murphy is a complete and utter JOKE!!!

GIVEN THIS INFORMATION BY AN APPOINTED OFFICER OF THE COMMISSION CONCERNING THE COTTRILL ESTATE NO ACTION WAS TAKEN BY THE COMMISSION. WHY? BECAUSE IT SEEMS THE GILMER COUNTY COMMISSION REALLY ARE DUMB HILLBILLIES AND DO NOT KNOW WHAT TO DO.  NOW I ASK YOU. KNOWING THIS. SHOULD ANY OF THEM BE IN OFFICE? ABSOLUTELY NOT IS THE ANSWER. DEPENDING ON THE OUTCOME OF THIS DUI CASE COULD DEPEND ON WHETHER CITIZENS DEMAND THE DISMISSAL OF KENNEDY FROM THE COMMISSION AND ALL OTHERS THAT ARE SO STUPID THEY HAVE NO IDEA WHAT THEY ARE DOING. IS IT BECAUSE THEY ARE DRUNK ALL THE TIME?

gatheringofthecrooksatthegilmercountycommissionmeetingbitches

Shannon graduated from Calhoun County High School in 1995, earned a Political Science degree from West Virginia University in 1999, and graduated from the WVU College of Law in 2002. After graduation, Shannon spent two years as Law Clerk for Judge John Henning in Elkins. Shannon then found her calling as a prosecutor in 2004 when she was hired in the Randolph County Prosecuting Attorney's Office. Throughout her tenure there, Shannon handled all levels of cases, including felonies and misdemeanors. She spent several years as the Juvenile Prosecutor handling all delinquency and abuse and neglect cases. Because of that role, Shannon naturally became the prosecutor who handled the majority of cases involving crimes against children. Shannon has successfully prosecuted domestic battery, DUI, armed robbery, burglary, drug offenses, sexual assault, and many other cases.

Shannon Calhoun County Prosecutor graduated from Calhoun County High School in 1995, earned a Political Science degree from West Virginia University in 1999, and graduated from the WVU College of Law in 2002. After graduation, Shannon spent two years as Law Clerk for Judge John Henning in Elkins.
Shannon has handled all levels of cases, including felonies and misdemeanors.

This reporter spoke with Timothy Hoover the magistrate clerk in Braxton County to get all the facts on Brian Kennedy’s court appearance. Tim told me that Mary Beth Smith would be traveling to Gilmer County at 10am on July 14th to hear the DUI case of Gilmer County Commissioner Brian Kennedy since both Gilmer County magistrates recused themselves.

Representing the WALRUS Brian Kennedy will be David Karickhoff who represented ERIK DAVIS in a rape case that happened at GSC. Davis was under arrest from FLA authorities at the time for a Cocaine case, but Karickhoff got Davis off on the rape case and he also won another big case in which Everett Campbell shot his estranged wife’s boyfriend with a 357 in cold blood on the front porch of the Glenville State Police detachment headquarters.

Campbell did a year in jail on a misdemeanor charge for the murder, but should have gotten a long prison sentence.  Karickhoff is the best defense attorney there is around here, and will most likely pull off another miracle.

However, a young woman who has proved to be a tough prosecutor from Calhoun County Shannon Jones Johnson will be prosecuting the case since Gerald B Hough is recused.

TUESDAY JULY 14th at 10am is the court date for Brian Kennedy, but I bet you anything that David Karickhoff calls and gets the case continued, and then he  will continue it again, and again, until we all forget about the BUST of the Walrus County Commissioner Brian Kennedy. We can only hope the prosecutor from Calhoun County will fight for what is right for… I am he as you are he as you are me and we are all together.
See how they run like pigs from a gun, see how they fly.
I’m crying.

Sitting on a cornflake, waiting for the van to come.
Corporation tee-shirt, stupid bloody TUESDAY.
Man, you been a naughty boy, you let your face grow long.
I am the egg man, they are the egg men.
I am the walrus, goo goo g’joob.