Perry takes case to prosecuting attorney

Mineral Daily News-Tribune
Curtis Perry

By Liz Beavers

Tribune Managing Editor

KEYSER - Just one day after the City of Keyser’s attorney stated that the city council had acted properly in rescinding Curtis Perry’s appointment to the council, Perry fired off a letter to Prosecuting Attorney Cody Pancake saying the fault still lies with the city.

In a statement from attorney Scott McClure which was read Wednesday evening by mayor Damon Tillman, it was stated that the council was able to legally rescind Perry’s appointment because Perry never took the oath of office for the position.

As written in the West Virginia State Code, a person who is elected or appointed to a position must take the oath within 20 days, but Keyser’s city charter shortens that to 10 days.

Perry says, however, he was never given the opportunity to take the oath.

“City Attorney McClure gave an opinion on state statute and city charter that I am disqualified from my appointment because I was not sworn in within ten days,” Perry wrote to the prosecutor. “Attorney McClure omitted the fact Tillman refused to allow an official to swear me in.

“This omission in Attorney McClure opinion made his opinion a lie,” Perry said.

Perry also told the prosecutor that he has filed a criminal complaint against Tillman “for refusing to perform a duty under W.Va. Code … this has an impact on future appointees and elected individuals … this precedent allows Tillman to withhold the oath of office for 10 days to disqualify anyone.”

Mayor Tillman said Wednesday he would be making a recommendation for another appointee at the next council meeting, scheduled for Feb. 24.