By Hannah Heishman
When the Council met at their regularly-scheduled meeting on Nov. 19, it was their second meeting in two days, and it was chaotic.
After the Nov. 5 meeting, the Council received the results of an investigation conducted by an outside agency. The investigation was into conduct within the MPD, and was the culmination of years of tension and conflict.
To better understand the MPD and its current situation, it’s important to understand that many of the officers are about the same age and grew up together, or at least knew each other. Most started their law enforcement careers at the MPD at about the same time, and several were also in the Army National Guard together.
The Town Police Commissioner is the mayor, Carol Zuber.
Police Chief Stephen Riggleman was selected by the previous chief, Steve Reckart, from the officers on duty at that time. There was minimal, or no job application process. Reckart trained Riggleman, and exposed him to the bulk of his future responsibilities. Riggleman became the chief in 2019.
In the military, traditionally, when someone reaches the first rank that entails official leadership, they are often moved away from their section, if not transferred entirely, to facilitate that transition. It is very difficult to go from being equals and friends, to being in charge. Typically, the choice is to keep friends and not be the best leader, or lose even close friends and be a better leader.
Compound that with living in a small, rural community where everyone knows everyone, many are related, and it’s hard to escape any youthful mistakes, and the challenges of leadership become more apparent. Compound it again with the potential, real or perceived, both in being selected to be in charge, and in how one treats former equals who are now subordinates.
Also like any group of people who work together under stressful circumstances, the MPD officers have different groups within the organization. Many belong to the Masons; a few do not. Some were friends before becoming police officers, while others grew closer over time on shifts.
In the last decade, the MPD has had enough officers available to put boots on the streets 24/7, and so few that they could barely cover 18 hours, daily. Currently, they’ve got officers out all but a few hours daily, with someone always on call when no one is out.
The department has gotten steadily busier over time, as populations in Moorefield diversify and increase. The challenges they face have also changed.
The exact steps to this point are somewhat vague, because they were issues aired and handled in executive sessions, which is why most were not covered. The council uses executive sessions to discuss and debate issues involving personnel and land purchase out of the public eye. They are not recorded, as open meetings are.
The council may not vote in executive session; votes and decisions may be made only in open session. Those present in executive sessions are the Council, and usually the mayor and recorder. Others attend as necessary. The public is asked to leave the room. Those present in executive sessions are not to discuss what occurred in the session, outside the session.
Over the last five years, there’s been turnover at the MPD for various reasons. Several officers left for better-paying jobs in other law enforcement agencies. Others were fired for various offenses. The nature of those offenses is rarely officially made public.
When an officer behaves in a manner that merits discipline, Riggleman and the Council, including the mayor and recorder, determine the best way forward.
The mayor leads the council, but only votes to break a tie. The recorder does not vote.
Within the past year, conflict and tension built to the point of two filed grievances, one from officer Kevin Helmick, currently third in charge of the department, and one from Riggleman. Their respective grievances included the other.
The first event that led to the grievances involved a discussion in early July between Riggleman and Zuber, on her front porch, that Riggleman allegedly recorded with his body camera. Allegedly, Helmick downloaded a copy of the recording, possibly at Zuber’s request. Initial questions included whether Zuber knew she was recorded and what she therefore might’ve said, and whether Helmick was acting legally by downloading a copy.
The exact contents of the recording are unclear, as is whether the content would be detrimental to anyone.
Two separate external organizations conducted investigations. The results of the most recent one led to last week’s events. Neither set of results has been made public. The first investigation was led by Pendleton County prosecutor April Mallow. The Town paid a private firm to conduct the second investigation.
The Council met Monday, Nov. 18, entirely in executive session, and voted to terminate officer Jon Baniak as a result of findings from the second investigation.
Baniak was allegedly recorded making a sexually explicit comment to Riggleman about another officer’s girlfriend. The circumstances and the source of the recording are unclear.
Riggleman was in Morgantown for a medical procedure on Nov. 18, and did not attend the meeting; he was unaware of it.
The meeting on Tuesday, Nov. 19 was more of a continuation of the night before. The council spent the entire meeting in and out of executive session, only entering open session to vote. All but two MPD officers attended, one who was with an ill family member, and Helmick. The rest of the department, including civilian administrative assistants, attended and spoke on behalf of Baniak, requesting he be reinstated. Baniak also was able to speak.
There was discussion among the officers that they arrived expecting two officers to be fired that night.
At the end of the evening, the council voted to reinstate Baniak conditionally. He must complete a performance improvement plan (PIP), and his employment will be reconsidered afterwards.
The council voted to retain Riggleman in his current position. He is on probation for six months. He must also complete a PIP, and participate in leadership training.
They authorized City Clerk Rick Freeman to negotiate money in exchange for returning a handgun to Joe Zirk. The handgun was lost after being removed from an individual under investigation. The handgun was not part of the investigation, and was lost while in MPD possession.
The council voted to terminate Helmick for gross misconduct unbecoming a Town employee. No further explanation was given.
Zuber was visibly upset, and stated she would resign, but she wanted to help choose the ‘board’ first. She was referring to what the officers call a Chapter 8 board, in reference to Chapter 8, Section 14A of the West Virginia State Code.
On her way out of the meeting, Zuber stopped to direct the reporter to include her statement that she will resign.
On Wednesday, Nov. 20, Helmick was reinstated and suspended with pay at least until the Chapter 8 hearing, the date for which is as yet undetermined.
A post on Zuber’s Facebook page read, “Tonight I contemplate resigning as Mayor of Moorefield.” It went on to say the Mayor and Council should work together, “but the council chooses to put me out of the chamber room when making decisions because they don’t like my opinions.”
If council members did ask Zuber to step out, it was during an executive session.
The Council meets again Dec. 3 at 7 p.m. in their chambers at the Town Hall; instead of the door to go into the Town Office, use the one on the left; there is a sign on the door. The public is encouraged to attend.
