Robb v. Zegeer
Robb v. Zegeer
Opinion of the Court
This appeal concerns a dispute over whether the may- or or municipal judge can appoint the deputy municipal
The dispute began on July 7, 1975 when Mayor Robb, by letter,
Judge Zegeer then drafted and proposed to the City Council a new ordinance creating the office of Deputy Clerk of the Municipal Court with the power of appointment in the Municipal Judge. On August 7, the Council adopted the new ordinance by a vote of 6-5, and the following day Judge Zegeer appointed Mrs. Rowsey to the new position. Mayor Robb then successfully sought a writ of prohibition from the Circuit Court of Kanawha County preventing Mrs. Rowsey from assuming the duties of Deputy Clerk on the ground that the new ordinance contravened the City Charter which the lower
The only issue on this appeal is which elected official, Mayor or Municipal Judge, is vested with the lawful authority to appoint the person to fill the newly created position of Deputy Clerk.
Mayor Robb asserts that the new ordinance is inconsistent with the City Charter in that Article IY, Section 4.1(1) of the Charter empowers the Mayor to
“Appoint, supervise, promote and remove all officers and employees of the City except as otherwise provided by this Charter.”
Judge Zegeer, however, contends that the Charter has indeed “otherwise provided.” Article VII, Section 7.3 of the Charter states:
“... The Municipal Judge may appoint a clerk of the Municipal Court who shall serve at the will and pleasure of the Municipal Judge and shall receive such compensation as may be determined by the Council.”
Judge Zegeer argues that the power to appoint a clerk necessarily implies the power to appoint a deputy clerk. We agree with Judge Zegeer.
It has been said that a charter is related to a municipal (Corporation as a constitution is related to a state. 2 McQullin Municipal Corporations (3d Ed.), Section 9.01, p. 610. It follows from the similar purpose of constitutions and charters that the rules governing constitutional construction apply equally to the construction of charters. As it is proper in construing a constitutional provision to seek the intent of the framers, State ex rel. Smith v. Kelly, 149 W. Va. 381, 141 S.E.2d 142 (1965); State ex rel. Trent v. Sims, 138 W. Va. 244, 77 S.E.2d 122 (1953); State ex rel. Morgan v. O’Brien, 134 W. Va. 1, 60 S.E.2d 722 (1950), it is proper to consider the objects of the framers of a charter.
For the foregoing reasons, the decision of the Circuit Court is reversed.
Reversed.
The entire text of that letter reads as follows:
“Due to reorganization changes, your services are being terminated effective at 4:30 Friday, July 11, 1975.
“We regret this action but this Administration is striving for greater efficiency through consolidated productivity.”
Reference
- Full Case Name
- Honorable Richard A. Robb Mayor of the City of South Charleston v. Honorable Jack Zegeer Judge of the Municipal Court of the City of South Charleston
- Status
- Published