A Fraternal Order of Police lodge in Wheeling is working to remove an item from the November ballot.

FOP Lodge #38 filed an injunction to block the vote on the city's two-officers-per-cruiser ordinance. The lodge filed the injunction on Tuesday in Ohio County Circuit Court.

The issue was voted on by council in August, but Stephen Herndon, an attorney who is representing the FOP, said it was not done properly.

The injunction states that a meeting on July 17 was a special meeting and it did not comply with the requirements of the ordinance for City Council special meetings.

Herndon said there was not enough prior notice of the meeting to the public or media, which would have given the FOP an opportunity to state its case on why it shouldn't be on the ballot in the first place.

"We think if the statistics were presented both to City Council and to the public that they would realize the repeal of the two-man cruiser laws is not a wise thing. And it was denial of the opportunity to present that both to council and to the public that caused the FOP to initiate the suit," Herndon said.

He said this issue is a matter of due process, which was not given to the officers. He said if the injunction is approved, everything at that initial meeting would be void, the votes would be invalid and the issue would be back to square one.

Police Chief Shawn Schwertfeger said he will be watching to see how it plays out.

"I don't necessarily have an opinion one way or another. All I want is the ability to have the most productive, efficient and professional police department to serve the citizens of Wheeling and the city itself," Schwertfeger said.

Herndon said this is only the first step in the FOP's case. He says there is a lot to be done and that includes a possible meeting to be held this weekend.

Stay with NEWS9, WTOV9.com and WTOV9 Mobile for continuing coverage.