By Lyra Bordelon
The Alderson Town Council formally responded to many of the issues raised in the explosive July Town Council meeting on Friday, including issues with the Alderson Police Department raised in June and July, the potential removal of Mayor Travis Copenhaver, and offensive messages allegedly sent by Copenhaver. In addition, Copenhaver himself spoke to several of these issues in the mayor’s report. He apologized for some of the messages, and alleged that not everything said in the July meeting was true.
One large area of concern in both the June and July meetings is the departure of essentially the entire Alderson Police Department; in addition to officers leaving, Chief Jeremy Bennett is on leave due to deployment with the National Guard and is only able to work in an administrative role. During the July meeting, Bennett and the audience raised a number of reasons for the officers’ departure, with many citing Copenhaver and city policies around vehicles and the special police fund.
“Council reviewed the process of the ‘special police fund,’” reads the letter. “ A review of the minutes of the Council of the Town of Alderson revealed that it was the practice of Council to approve expenditures from that fund. The fund has generally consisted of revenue from the impoundment process and forfeitures. Beginning with the 2020-21 fiscal year, Council approved moving the revenue from impoundment into the general fund. The revenue from forfeitures will remain separate because of the restrictions on the use of forfeiture funds placed by law. Council noted that the line item for the Police Department is 52% of the general fund budget. This does not signal an intent to ‘defund’ the police. Indeed, this Council has gone to great lengths to greatly increase expenditures on police activities over the last several years. Suggestions to the contrary are manifestly false and simply bear no basis in reality.”
Copenhaver confirmed many of the things explained by council and stated work towards filling the department’s ranks has already begun.
“[Patrolman] Devon [Johnson] came to us from White Sulphur,” explained Copenhaver. “He’s [taken in] four felonies in the past two weeks – stolen car, he’s had a major drug bust, okay? He’s working hard. Allen Hunt is a part time officer from Monroe County because Devon has to have a day off. There is another full time officer that is probably going to accept the offer to come, who will be here sporadically then will be here full-time after August 31. So that is another full-time officer. … Contrary to what you all were told, this council increased the budget from 90,000 to almost 225,000 for the police department. … I had two meetings [with members of the police department] in May and nothing was ever said about the [reason for them leaving] was that I was a tyrant.”
He also confirmed that, despite the transfer of the Alderson K9 to White Sulphur Springs, the town is working toward getting another K9 unit.
“Devon is moving to Alderson,” Copenhaver said. “He has also got a private donor who is willing to buy the dog. … If the private donor and a few others kick in, we can sustain the dog and I think the dog is more a deterrent than anything is.
The issue of vehicles was also addressed with the announcement of a grant received by the city that will go a long way toward replacing costly older vehicles.
“That’s what we just did with liquidation of a car,” Copenhaver explained. “That car will go into the fund for a match on a grant. We got a grant for two new vehicles. One is going to be a sedan, the other is going to be a K9 unit. … We’ve replaced cars with grants that have not cost [tax payers] a dime and we’ve been able to do that through using the special fund, by doing the grants. The grant that Margaret [Hambrick] essentially pays for half of the two cars. … Council did authorize to purchase a vehicle previously and, if you all remember, I said no. The reason I said no was [because] it was not budgeted. If we had expended that money then, we couldn’t afford the match for the new brand new cars, not a used car, two brand new cars.”
Many audience members of the July meeting called for council to remove Copenhaver as mayor, citing Bennett’s statements relating to a 2018 side-by-side shooting and bullying text messages allegedly sent from Copenhaver, laced with profanities and inappropriate photo-edits of political challengers.
“The s*** that you sent out to Rodriguez and Jeremy and Mac about my wife? That’ll be between me and you, your attorney versus mine,” said Jessie Guills in July. “… You and I went at it for a long time because I put a Roger Bennett sign in my yard. Roger and I are friends, you and I are friends, or I thought we were. The s*** that you put on your d*** phone about my wife and my kid? No, it’s over. … And I’m not the only one affected by it, you’ve done it to everybody. And I thought you and I were closer than that, that’s what bothers me. My sister babysat you when you were a kid and you go and do some s***like that? That’s low and if I put a picture of Elizabeth like that on the phone, I’d be in Beckley, and you know it as well as I do.”
In the letter, council condemned any inappropriate messages Copenhaver sent out.
“The use of text communications and social media by Mayor Copenhaver to forward ugly and improper comments is regretted by the Mayor and condemned by this Council (also condemned is the manner in which such comments were brought to light before this Council at the July 9, 2020, Council Meeting). Having said that, Council determines that, based on the information at hand, no official action on the part of Mayor Copenhaver warrants invoking the statutorily prescribed method for removal by Council.”
However, council also declined to take any action toward removing Copenhaver as mayor as a result of any of these messages, citing the financial burdens of attempting to remove him and his recent re-election.
“The Council of the Town of Alderson took seriously the issues raised by those who spoke at the July 9, 2020, Council meeting,” the letter reads. “With regard to inquiries regarding the removal of an elected official, more specifically, the Mayor, by council, we consulted with Grady Ford, the Town’s attorney, at length. West Virginia [State Code] details the specific mechanism by which the Council (or other specified people or entities) may remove an elected official. By law, elected officials are subject to removal only for (1) official misconduct, (2) neglect of duty, or (3) incompetence, each of which are defined by [the code]. … Issues predating the last municipal election are not appropriate grounds for removal and no other issues raised at the July 9, 2020, rise to the statutory requirements necessary to support a removal action. … Under these circumstances, we see no value in pursuing such a course of action.”
Several members of the audience expressed dissatisfaction with the letter.
“It bothers me because most of you [councilmembers] I’ve known most of my life,” Guills said. “… Some of the things that were pointed out at that council meeting, for you all to sit and say that it wasn’t misconduct. I would like for you to personally call me, … I would like to know what you classify it as. I really would. It is what it is, it’s over and it’s done, but if it’s not classified as misconduct, what is it classified as?”
After regular business of the council was concluded, Copenhaver used the mayor’s report section of the meeting to speak on the many issues brought up in the July meeting. Copenhaver himself also addressed the messages themselves.
“Ladies and gentlemen I’m going to tell you that there are things that … my personal messages were shared that were distasteful and not appropriate in some cases,” Copenhaver said. “ I will also say that some of the things that were passed out were not things that were from me and you didn’t see the whole conversation. That having been said, I can only give you my apology.”
After the last meeting, hundreds of individuals discussed the explosive council meeting on social media, with many expressing support for Bennett. Copenhaver disputed many of things said, not going into detail about which was true and which wasn’t, but explaining why he remained mostly silent about many of the things said during the July meeting.
“I will tell you now – nobody spoke the truth when the rumors started flying,” Copenhaver said. “The Constitution affords us the right to remain silent and every two years this group and I take that right seriously. … By standing silent, [we] irritated people so bad. When my indictments happened, when my indictments were dismissed, when all of the stuff that was brought up came out. I don’t know what else to tell you but [that] next year is an election year. Move forward with running your candidate. … People that came forward in what I considered a lynch mob had no respect for this agency or governing body and I failed as your mayor to not keep that meeting in order, that’s why I will never have that type of meeting again.”
He pushed back against the suggestion he dismissed citations in order to get votes to become mayor.
“One of the biggest things that was brought out in that meeting was that I dismissed citations for votes,” Copenhaver said. “I’ll give it to any of you, it’s public knowledge, you’d be shocked at the number of those 23 people that were out there that have had a ticket dismissed that stood there and cussed me like a dog.”
He noted that anyone that has an issue with him, he would be willing to sit down and discuss the situation and apologize if its needed.
“I’m telling you now, every one of you, if you have an issue that I need to discuss or apologize [for], I will, and I mean it from the bottom of my heart,” Copenhaver said. “If you all don’t think, for the past seven years and 100 pounds later, that I’ve not bled maroon and gray – there is no self-gratification in this job. Everybody is going to be pissed off at me at some point in the game. … Council doesn’t condone anything. I’m telling you I’m sorry. If God forgave me, I hope you all can forgive me and that’s the best I can say.”
In order to read council’s full letter, please see below:
Council Statement in Response to Issues Raised at July 9, 2020, Council Meeting
The Council of the Town of Alderson took seriously the issues raised by those who spoke at the July 9, 2020, Council meeting.
With regard to inquiries regarding the removal of an elected official, more specifically, the Mayor, by council, we consulted with Grady Ford, the Town’s attorney, at length. West Virginia Code Section 6-6-7 details the specific mechanism by which the Council (or other specified people or entities) may remove an elected official. By law, elected officials are subject to removal only for (1) official misconduct, (2) neglect of duty, or (3) incompetence, each of which are defined by West Virginia Code Section 6-6-1. Issues predating the last municipal election are not appropriate grounds for removal and no other issues raised at the July 9, 2020, rise to the statutory requirements necessary to support a removal action. Importantly, should Council seek to remove an elected official, it (1) bears all costs of prosecuting the removal action and (2) is required to pay all legal fees, costs, and expenses the elected official incurred in defense of the removal action if the removal is not ultimately successful. Under these circumstances, we see no value in pursuing such a course of action.
Questions were raised regarding the propriety of the Mayor also serving as Municipal Judge. Under West Virginia Code $$ 8-10-1 and 8-10-2, the Mayor, by default, serves as the arbiter (i.e., judge) of disputes arising in municipal court if the municipality does not provide for a municipal court judge. Moreover, where a municipality has established a position of municipal judge, the mayor serves as municipal judge in the event the appointed (or elected, as the case may be) municipal judge is not available. As a corollary, there generally is no prohibition for a mayor to also serve as municipal judge in towns like Alderson.
Questions were also raised regarding Mayor Copenhaver serving as municipal court judge during the period of time prior to the dismissal of the Summers County indictment against him. Immediately following the indictment, the Council of the Town of Alderson met in executive session to consider the impact of this action on his ability to fulfill his obligations as Mayor and Municipal Judge. As recorded in the minutes of the regular Council Meeting on August 9, 2018, “Mayor Copenhaver clarified to all he would not be hearing court cases at this time…” Council took no further action. For the avoidance of doubt, had Mayor Copenhaver not agreed to step aside from hearing municipal court cases, this Council had every intention of removing him and/or limiting his ability to hear cases appearing before the Alderson Municipal Court.
Council reviewed the process of the “special police fund.” A review of the minutes of the Council of the Town of Alderson revealed that it was the practice of Council to approve expenditures from that fund. The fund has generally consisted of revenue from the impoundment process and forfeitures. Beginning with the 2020-21 fiscal year, Council approved moving the revenue from impoundment into the general fund. The revenue from forfeitures will remain separate because of the restrictions on the use of forfeiture funds placed by law. Council noted that the line item for the Police Department is 52% of the general fund budget. This does not signal an intent to “defund” the police. Indeed, this Council has gone to great lengths to greatly increase expenditures on police activities over the last several years. Suggestions to the contrary are manifestly false and simply bear no basis in reality.
The use of text communications and social media by Mayor Copenhaver to forward ugly and improper comments is regretted by the Mayor and condemned by this Council (also condemned is the manner in which such comments were brought to light before this Council at the July 9, 2020, Council Meeting). Having said that, Council determines that, based on the information at hand, no official action on the part of Mayor Copenhaver warrants invoking the statutorily prescribed method for removal by Council.
Update 8/19/2020 – additional comments from the public were added
