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Fire Civil Service Commission

Regular Meeting

Morgantown, WV · April 14, 2021

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Agenda

The City of Morgantown 389 Spruce Street Morgantown, West Virginia 26505 (304) 284-7434 Fax: (304) 284-7525 www.morgantownwv.gov Civil Service Commission AGENDA & NOTICE OF EMERGENCY MEETING FIRE CIVIL SERVICE COMMISSION April 14, 2021 9:00 a.m. City Hall Council Chambers 389 Spruce Street Morgantown, WV 26505 1. CALL TO ORDER 2. APPROVAL OF MINUTES: February 17, 2020 3. NEW BUSINESS Request for Hearing on Shift Differential Pay Change by Firefighters The Morgantown Fire Civil Service Commission has received a request for a public hearing under W.Va. Code § 8-15-1, et. seq., from Counsel for approximately 47 Firefighters. The City of Morgantown has responded through the City Attorney and argues that no hearing is required. The Fire Civil Service Commission has decided to hold a hearing on the threshold jurisdictional issue, only, i.e., whether under the law as interpreted by the West Virginia Supreme Court of Appeals in Boggess v. City of Charleston, 234 W.Va. 366 (2014), allows the Commission to hear the dispute over shift differential pay. The Fire Civil Service Commission will hear argument from Counsel for the Fire Fighters and the City Attorney and then go into executive session to obtain advice from Counsel for the Civil Service Commission, Wendy Adkins, Esq. The Fire Civil Service Commission may continue the hearing on this matter to a second date to take testimony from witnesses, but will not hear from witnesses on April 14th to allow the jurisdictional issue to be decided first, and then to schedule a second date for witnesses, if necessary. 4. EXECUTIVE SESSION A. Pursuant to West Virginia Code Section § 8-15-1, et. Seq., to obtain advice from Counsel 5. ADJOURNMENT CC: Mark Caravasos, Fire Chief Shane Mardis, Chair Noel Hoffman, Commissioner Michael Jacks, Commissioner Sandy Dent, Fire Secretary John Bihun, Human Resources Mitchell Beall, Morgantown Firefighter IAFF Local 313 President Joshua D. Miller, Esq., Counsel for Firefighters Wendy Adkins, Counsel for Fire Civil Service Commission Ryan Simonton, City Attorney Posted: 04/12/2021 For accommodations, please contact us at 304-284-7434.

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