WHEELING, W.Va -
WTRF.com spoke to Attorney Steve Herndon, who is representing Local 38. He says the FOP asked for his representation last week.
Herndon says City Council didn't follow the correct process to call a special meeting for the first reading of the ordinance, which means the FOP didn't have the opportunity to be present at the meeting to express their concerns.
"Officer safety is the primary concern," he says. "There is a secondary concern, and that is police officers are people. They're citizens and they do have a right to participate in political process. That right's been denied them by the actions of City Council."
If Judge Wilson rules in favor of the FOP, for all legal purposes, the vote on the two man cruiser law didn't take place, even if it was on the ballot.
The City of Wheeling has not received the petition as of Wednesday afternoon, and will not comment.
Judge Wilson will hear the case.
ORIGINAL STORY
Wheeling's Fraternal Order of Police Lodge 38 has filed a petition to block the vote on Wheeling's 2 man cruiser ordinance.
The petition was filed in Ohio County Circuit Court Tuesday afternoon.
Wheeling Attorney Steve Herndon is representing Local 38.
Wheeling Solicitor Rosemary Humway Warmuth said the City of Wheeling has not been served with the petition.
The 2 man cruiser ordinance has been the center of controversy for decades and this vote would have left it up to residents to decide.
Police Chief Shawn Schwertfeger previously said there is an efficiency issue, and there are advantages to a one man cruiser.
But he added in high crime areas during certain times of the day two men in a cruiser may be needed.
Schwertfeger said it would be his decision to make ,if the two man cruiser ordinance was repealed.
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