Information from WYSH Radio
The commissioners of the Powell-Clinch Utility District scored a legal victory last week in their dispute with the state’s Utility Management Review Board when an appeals court overturned a lower court’s ruling that they could be held liable for, and removed from office, for acts that allegedly occurred before a change in state law in 2009.
The issue before the appeals court was to determine if the three commissioners—Charles Oldham, Jerry Shattuck, and Charles Taylor—could be removed from office based on a change in state law that went into effect in June of 2009 which added an amendment that “failing to fulfill the commissioner or commissioners’ fiduciary responsibility in the operation or oversight of the district†would be considered as one of the possible grounds for the removal of utility even if the alleged acts occurred before the amendment went into effect. [Read more…]