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Two Jobs

Woman says Kanawha sheriff unlawfully holding two jobs

October 30, 2014 8:55 AM
By ANNIE COSBY

CHARLESTON – A Kanawha County woman is suing over claims the county sheriff is unlawfully holding two government positions.

Rutherford

Laura Wilson filed a petition for declaratory and mandamus relief Sept. 22 in Kanawha Circuit Court against John D. Rutherford, sheriff of Kanawha County; governing body, the Metro Emergency Operations Center of Kanawha County; and the Kanawha County Commission.

According to the complaint, at a special meeting on Dec. 6, 2012, the executive board of Metro, which is an alliance between the city of Charleston and the county government of Kanawha, voted to enter into an agreement whereby sheriff-elect Rutherford would oversee Metro 911, reporting to the executive board, without additional compensation, only sheriff’s pay.

Wilson, an employee of Metro, says Rutherford assumed the role of executive director of defendant Metro and still acts as the elected sheriff of Kanawha County, which constitutes a violation of the Uniform Declaratory Judgments Act which states that a sheriff should devote full-time to his duties.

Wilson also says Rutherford received wages from Metro and the Kanawha County Commission in 2013 and that these violations constitute a grounds for removal from office.

Wilson seeks declaration that the dual capacity in which Rutherford serves is in violation of the West Virginia code, a declaration that all actions he has taken for Metro are null and void, an order vacating the positions currently held by Rutherford and court costs.

Wilson also seeks a court order demanding that Rutherford repay to the Kanawha County Commission all salaries and benefits received.

Wilson is represented by attorneys Michael T. Clifford and Richelle K. Garlow in Charleston. The case has been assigned to Circuit Judge Jennifer F. Bailey.

Kanawha Circuit Court case number: 14-C-1736

This guy makes Totten Look Like an Altar Boy

Mark Gorby

 

WBOY File Photo of Mark Gorby

West Virginia State Police have arrested a Harrison County Magistrate on sexual abuse charges.

Mark Gorby, 60, of Bridgeport is charged with five counts of sexual abuse by a parent, guardian, custodian or person in a position of trust.  Gorby is accused of forcing sex on a girl under the age of 12 between 2005 and 2009,  according to court documents filed by West Virginia State Police Cpl. K.G. Murray.  The case has been assigned to Senior Magistrate Kim M. Blair of Putnam County.  

The first incident is alleged to have happened in the girl's bedroom in the late night to early morning hours where Gorby was seen standing in her room touching himself, according to court documents.  Gorby got in the girl's bed, pulled her pants down and then pulled his own pants down, said the court filing.  Gorby then initiated sex with the girl.  Gorby is accused of telling the girl that her mother wasn't doing her job and that she needed to "step up and be a big girl", said the court filing.  He forced sex on the girl at least one other time and two times when he forced her to sleep in his bed while his wife was out of town, said the court filing.  On another occasion, Gorby is accused of forcing sex on the girl in the family living area while she was sleeping on the couch.  

Gorby was brought into Harrison Chief Judge James A. Matish's courtroom by West Virginia State Police Thursday afternoon for his arraignment. Gorby had a bail bondsman present and was immediately released on a $100,000 cash or surety bond.  "We demonstrate that the allegations are false and fully expect that the honorable magistrate Gorby will be exonerated," said Gorby's attorney Belinda Haynie.

Gorby's caseload will likely be split among other magistrates by Chief Circuit Judge James A. Matish, said Jennifer Bundy with the Supreme Court of Appeals of West Virginia.  Judge Matish will evaluate the caseload and determine whether there is a need to request a senior status magistrate to fill in.  If that request is made, Chief Justice Robin Jean Davis would appoint a magistrate.

Supreme Court Administrative Director Steve Canterbury confirmed that a complaint has been received and it will be subject to the rules of Judicial Disciplinary Procedure.  The Disciplinary Counsel will conduct an immediate investigation into the complaint regarding Gorby and determine if probable cause exists.  If the counsel finds probable cause, the court may direct the counsel to file formal charges with the Clerk of the Supreme Court and provide notice to the judge of a right to a hearing on the issue of temporary suspension, according to the West Virginia Judiciary Rules of Judicial Disciplinary Procedure.

The Disciplinary Counsel may release information confirming or denying the complaint or investigation and explain the procedural aspects of the investigation with reasonable notice provided to the judge. 

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