| The layoff of a Grantsville water department employee has become a hotly contested issue in town council meetings during the past several months.
Mayor Wilbert Kerby contends that Eric Webb was laid-off to save money, a reduction in force, saying council members have generally been in agreement about the decision.
At a recent council meeting during which an executive session was held, Spencer attorney Thomas Whittier, representing Webb, requested a grievance hearing, indicating the council was not following due process outlined in the town's employee handbook or outlined in state statutes.
That hearing was not held during the council session.
Mayor Kerby says "We have now hired legal representation in Charleston to deal with the issue."
In a compliant filed with the town by attorney Whittier, he claims the town violated grievance procedures.
"The grievant's duties have been turned over to an employee with less seniority," says the complaint, having less skill to perform specific duties of the job.
The complaint suggests that the reduction in force was a wrongful discharge for personal and political reasons, and was not due to a lack of funds within the water department.
Council meetings in the town of about 500 residents have been lively forums for years, where following an agenda or sticking to Robert's Rules of Order are frequently not followed.
"We've tried to give everyone a voice to complain," said Kerby.
The town is not lacking in citizens who want to serve.
This election year, former mayor Gary Knight is seeking the mayor's seat again, with ten council candidates on the ballot.
Mayor Kerby declined any comment on the personnel issue, except to confirm the layoff was for a reduction in force.
The Grievance Hearing, which is being scheduled, will be open to the public, according to attorney Whittier.
The council has shifted its decision powers to town voters, related to the sale of the old town hall property.
The town continues to established ordinances which can be covered by the municipal police and court.
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