Wheeling city officials said they followed all laws and regulations to put a two-officers-per-cruiser vote on the ballot for city residents.


The Fraternal Order of Police Lodge #38 filed an injunction to remove the issue from the Nov. 6 ballot. The lodge filed the injunction on Tuesday in Ohio County Circuit Court.


City Manager Robert Herron said his office and the city solicitor said they were handed the documents on Thursday and they have 30 days to respond to the filing.

In the meantime, the 30-day deadline is past the Nov. 6 election, which is when the issue is scheduled to be voted on. With 18 days until the Election Day, elections officials said that in no way can the issue be taken off the ballot.

Elections officials said absentee ballots are already coming back to their office, as those ballots were mailed out weeks ago.


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. Herron, on the other hand, said there are a lot of false accusations in the court document.

    
"There is also some comment in the (FOP’s) complaint about a July 17 meeting and there was no discussion of an ordinance on July 17. It also indicates that meeting as at noon, and it was at 7 p.m. so I’m not really sure why that is in there,” Herron said.


The FOP’s court 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.


However, Herron said the ordinance was introduced on Aug. 7 and a second and final reading ultimately came to a vote on Aug. 21. Council voted 6-1 to put the issue on the ballot, with Councilman Robert "Herk" Henry opposing it.



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