Former Weston Finance Manager sues city, mayor and 2 council members

Published: Feb. 14, 2020 at 11:40 AM EST
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Former Weston finance manager Delphia Arbogast has filed a lawsuit against the city, the mayor and two council members.

The lawsuit was filed in the Lewis County Circuit Court Thursday, just days after former city manager Chad Minnick filed a lawsuit against the city.

The lawsuit names the city, mayor Kim Harrison, council member Gary Foster and council member Randy Bohan as the defendants. It accuses them of civil conspiracy, violation of the open meetings act, wrongful and discriminatory discharge due to religion and wrongful discharge.

The lawsuit says during Arbogast's employment, she consistently performed her duties in a satisfactory manner and met reasonable expectations of her employer, the city. She was her before Foster, Bohan and Harrison became elected officials.

Before Bohan and Foster became elected officials, they publicly showed their hatred towards previous city administration, as well as the city's non-elected employees, including Arbogast, on social media, the lawsuit claims.

The lawsuit claims Bohan and Foster attacked Arbogast's religious faith on social media.

According to the lawsuit, Harrison also resented the fact that Arbogast was hired under previous administration.

The lawsuit alleges that Harrison desired to terminate Arbogast's position because of her "association with the previous administration."

Foster, Bohan and Harrison were elected in 2019 to city council and mayor positions. The lawsuit claims they never had experience as elected officials before 2019.

After they were sworn in, Foster, Bohan and Harrison began conducting public business behind closed doors, according to the lawsuit. They met in private to talk about terminating Arbogast.

During the regularly scheduled city council meeting on Aug. 5, it was moved that Arbogast remain as a city employee, which received a second hearing, the lawsuit states. Bohan and Foster voted against her retention, which caused a 2-2 tie. It was broken by Harrison, who voted against her retention.

Arbogast is seeking compensatory damages, as well as punitive damages. She is demanding a jury trial.

Arbogast is being represented by Philip A. Reale, PLLC, in Charleston, West Virginia.

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