Hearing Will Determine Whether Two Jefferson County Officials Stay In Office

Two members of the Jefferson County Commission could be removed from office, depending on a court ruling. The commissioners skipped months of meetings in protest of vacancy proceedings.

This is a developing story and may be updated. 

Two members of the Jefferson County Commission could be removed from office, depending on a decision from the state’s 23rd Judicial Circuit Court.

Proceedings began Tuesday in a hearing against Commissioners Tricia Jackson and Jennifer Krouse, who came under scrutiny in late 2023 for skipping months of meetings while still collecting their salaries.

Jackson and Krouse described their absence as a protest against vacancy proceedings.

The commission was required to appoint one of three candidates selected by the Jefferson County Republican Executive Committee (JCREC) to a seat vacated by Republican Commissioner Claire Ath in June 2023.

But the commission quickly came to a deadlock. Jackson and Krouse raised concerns over both the JCREC’s nomination process and the commission’s vacancy procedure.

On Facebook, Krouse said the Commission was not provided “actual conservatives,” and that elected Republicans are often “incompetent, self-interested [or] closeted liberals,” MetroNews previously reported.

In November, a judge ordered that Krouse and Jackson resume attending meetings, and they obliged.

The commissioners’ absence drew attention from state lawmakers, who moved to clarify vacancy protocol with a bill that swiftly passed both chambers.

While meetings have since resumed, local authorities said they are still pursuing legal recourse over what they described as a months-long standstill in local government.

In March, the two commissioners were charged with 42 misdemeanors.

And Jefferson County Prosecuting Attorney Matt Harvey said he would follow through with a petition he filed in November 2023 to remove them from office.

Harvey, also a Republican, did not respond to a request for comment on this story Wednesday morning. At the time of the request, a staff member at the attorney’s office said Harvey was at the courthouse for the hearing, which continued through Wednesday.

However, in the November petition — first published online by the Spirit of Jefferson — Harvey described it as his “sworn duty to protect the county, uphold the rule of law and hold all citizens, including elected officials, accountable for their unlawful actions.”

Later in the petition, Harvey argues it is a “mandatory duty” in the West Virginia Code for county commissioners to fill vacancies.

“By refusing to attend meetings, [Jackson and Krouse] have willfully blocked the commission from performing its mandatory statutory duty,” he wrote. They have also “stated their opposition to the slate of replacements put forward.”

Jefferson County Commissioners Tricia Jackson and Jennifer Krouse refused to attend meetings from early September to late November 2023.
Photo Credit: Jack Walker/West Virginia Public Broadcasting

During the first day of the hearing, Harvey’s arguments centered around tasks the county commission was unable to complete during the commissioners’ absence, The Journal reported.

Because of their absence, the commission struggled to meet quorum. This meant they were unable to hire 911 dispatchers, provide a grant to victim advocates or apply for funding to improve the county courthouse, the Associated Press reported.

Additionally, Harvey questioned witnesses about posts the commissioners made to Facebook denouncing candidates selected by the JCREC.

In September, Krouse wrote that the candidates all had “strong ties to progressive, green energy,” according to the petition.

This contradicted previous claims that Jackson and Krouse were avoiding commission meetings out of concern for vacancy protocol, Harvey argued.

The office of legal counselors for Jackson and Krouse declined to comment on this story.

In her cross-examination, Jackson and Krouse’s attorney Traci Wiley asked members of the commission why they refused to remove the vacancy procedure from meeting agendas.

Previously, Jackson and Krouse stated they would attend meetings so long as the vacancy was not discussed.

“The law stated we shall appoint,” said Commissioner Steve Stolipher, a Republican, during his testimony. “If I had taken it off the agenda, I would be breaking the law.”

As of Wednesday morning, neither Jackson nor Krouse had yet testified during the hearing.

But on March 14, after she was initially charged with the misdemeanors, Krouse provided a written statement to West Virginia Public Broadcasting likening the legal proceedings to the “corruption” and “poisonous ideology” of politicians in Washington D.C.

“What is happening to Commissioner Jackson and me is a travesty and it is unamerican,” she wrote. “Unfortunately, the political establishment of Jefferson County [has] decided to use the legal system, which they control, to persecute their political opponents.”

In his petition, however, Harvey described it as a duty of his role as prosecuting attorney to pursue the commissioners’ removal.

Jackson and Krouse’s actions left Harvey “no course of action” but to file a petition for their removal, he wrote.

This hearing is separate from the 42 misdemeanor charges Commissioners Tricia Jackson and Jennifer Krouse face in criminal court. For more information on those charges, see our previous reporting.

Two Jefferson County Commissioners Charged For Skipping Months of Meetings As Protest

Two members of the Jefferson County Commission have been charged with 42 misdemeanors for skipping months of meetings to protest commission vacancy proceedings.

Updated on Thursday, March 14 at 10:45 a.m.

Two members of the Jefferson County Commission were charged with 42 misdemeanor offenses in the Jefferson County Magistrate Court Tuesday.

From Sept. 7 to Nov. 21, Commissioners Jennifer Krouse and Tricia Jackson refused to attend seven commission meetings while still collecting their salaries. The commissioners are paid $45,000 annually, plus benefits.

Krouse and Jackson, both Republicans, said their absence was in protest of commission vacancy proceedings because they were dissatisfied with the candidates eligible.

In an August Facebook post, Krouse said that the commission had not yet been provided with “actual conservatives” to review, and that many elected Republicans in West Virginia are “incompetent, self-interested, closeted liberals, or some combination thereof,” MetroNews previously reported.

Krouse and Jackson both declined to comment on the charges, and noted in separate emails to West Virginia Public Broadcasting Wednesday that they are working to retain legal counsel.

In a follow-up email Thursday, Krouse described the charges as “a travesty” and “un-American.” She wrote that members of the “the political establishment of Jefferson County” are using the legal system “to persecute their political opponents.”

Jefferson County Commissioners Jennifer Krouse and Tricia Jackson were charged with 42 misdemeanors in the Jefferson County Magistrate Court Tuesday.

Photo Credit: Jack Walker/West Virginia Public Broadcasting

“If this injustice is allowed to stand here, in West Virginia, our republic is lost and we will be no better than the third-world dictatorships we used to fight against,” she wrote. “I believe anyone running for state, local or federal office in West Virginia needs to be vigorously questioned on where they stand regarding turning honest disagreement into a criminal offense.”

The West Virginia State Police (WVSP) was asked to investigate Krouse and Jackson in January.

During the commissioners’ absence, the commission was unable to hire 911 dispatchers, finalize a $150,000 grant for victim advocates and apply for a $50,000 grant to improve the county courthouse, the Associated Press reported.

In response to the commissioners’ protest, the West Virginia Legislature passed a bill this year tightening vacancy protocols.

In a March 12 press release, WVSP said that the commissioners were charged with failure to perform their duties, conspiracy to commit a misdemeanor against the state and several other charges.

The commissioners were arrested following a commission meeting Tuesday morning. They were arraigned on a $42,000 bond, which has since been posted.

**Editor’s note: This story was updated to include a comment from Jefferson County Commissioner Jennifer Krouse.

Senate Revisits County Commission Vacancy Protocol After Jefferson County Controversy

The West Virginia Senate is currently discussing amendments to state protocol for filling county commission vacancies, following a controversy in Jefferson County late last year.

On Tuesday, the West Virginia Senate discussed amendments to state protocol for filling county commission vacancies, following a controversy in Jefferson County late last year.

From Sept. 7 to Nov. 31, 2023 two members of the Jefferson County Commission — Jennifer Krouse and Tricia Jackson — refused to attend meetings. This was due to a disagreement over which candidate would fill a vacant seat, and the protocol for how they would be selected.

During this time, they continued to receive pay from their positions on the commission, MetroNews previously reported.

In late November, a judge required the two commissioners to resume attending meetings, but they continued to express concern over the procedure.

Counsel for the Senate Government Organization Committee explained that these events led to the creation of Senate Bill 542, which would update protocol for filling vacant seats on five-person county commissions, like the one in Jefferson County.

Under the bill, five-member commissions unable to agree on an appointee would create a list of eligible candidates and strike names from the list one at a time.

Commissioners would take turns striking names in a predetermined order based on the political party of the vacating commissioner and the tenure of voting commissioners.

Ultimately, the last remaining person on the list would fill the vacant commission seat under the new bill.

The Senate Government Organization Committee voted unanimously to send the bill to the Senate floor with the recommendation that it be passed. Before passage, it will undergo further discussion from the full Senate.

ACLU: Government Officials Should Think Twice Before Blocking On Social Media

ACLU-WV filed a lawsuit against Jefferson County commissioner Steve Stolipher for violating the First Amendment rights of a constituent.

The American Civil Liberties Union of West Virginia (ACLU-WV) has filed a lawsuit in the Jefferson County Circuit Court against Jefferson County Commissioner Steve Stolipher. In May 2022, Stolipher blocked constituent Christy Stadig, a resident of Harpers Ferry, from his official government  Facebook page. 

Stadig had responded to a comment on Stoliphers Facebook page asking him about what he had posted. She got a notification that the commissioner had responded to her comment but when she went back to his page, her original comment and his response had been deleted. A few hours later, she realized she had been blocked.

Stadig went to a Jefferson County Republican Executive Committee meeting where she asked Stolpher to unblock her from his Facebook. He responded by laughing at her request.

Aubrey Sparks, the legal director at ACLU-WV, says that blocking a person from an official Facebook page is one of the most common complaints her department gets. She says sometimes there is no malicious intent, just a lack of knowledge. 

“Sometimes public servants just legitimately don’t know that this is something they aren’t permitted to do, and so they rather block someone than really engage.” Sparks said. “Blocking is a problem that is incredibly widespread, and we want to make the point that it’s not okay at any level of government…it is a big deal to our client because she was relying on that access to information to learn about her representatives and policies that would affect her as a resident of Jefferson County.”

Del. Kathie Hess Crouse, R-Putnam, has three Facebook pages. Her personal, campaign, and official Delegate page. While she occasionally blocks or deletes from her personal and campaign pages, she does not on her official delegate page. She says she engages with those with similar and opposing views. 

“Most of the time I let them vent, I’ll read what they’ve said, if it’s something I need to take into consideration I will, but I let them vent and say whatever they want to say,” Crouse said. 

Government official’s social media pages are seen as public forums and blocking a constituent is restricting their freedom of speech. The ACLU-WV has a toolkit to let people know their rights if they have been blocked by a government official.

Jefferson County Residents Concerned ‘Adult Live Performance’ Ordinance Targets LGBTQ People

Jefferson County residents voiced their concerns Thursday at the Jefferson County Commission meeting over a new county ordinance that limits drag performances in front of minors.

Jefferson County residents voiced their concerns Thursday at the Jefferson County Commission meeting over a new county ordinance that limits drag performances in front of minors.

The ordinance bars minors from attending what it defines as “Adult Live Performances” featuring obscene or sexual material  —  the ordinance defines that as “nudity, stimulated sexual acts, lewd behavior, and other obscenity.”

County Commissioner Jennifer Krouse, who introduced the ordinance, said it’s intended to keep kids out of “obscene situations.”

Violators could face a $500 fine or 30 days in jail on first offense, and a $1,000 fine and six months in jail for subsequent convictions.

The above screenshots are screenshots of the draft version of the ordinance that was passed by the Jefferson County Commission on Thursday, June 1, 2023. Credit: Jefferson County Commission

Though drag is not specifically mentioned in the ordinance’s text, citizens attending a public meeting say its wording is similar to anti-drag laws passed in other states, like Tennessee’s Senate Bill 3, and goes against the First Amendment rights of the LGBTQ community, for whom drag is a tradition.

“My concern is that it’s going to be used to create issues for LGBTQIA people, and especially trans people in our community,” Jefferson County resident Kelly Pannill-Perkins said. She was present and made comments during a lengthy public hearing portion of the meeting. “I’m also concerned it’s going to unnecessarily prohibit our theatrical and music and dance productions in our area, which are vital to not just our culture, but our economics in this region.”

That sentiment was echoed by Bill Veldran, a Charles Town resident who has performed in drag for 25 years.

“Does this ruling mean that if I step out of my house in drag, that I could be attacked by the police?” Veldran said. “It’s so vague, for one thing, and it just seems to encompass everything.”

The American Civil Liberties Union’s West Virginia branch also addressed the ordinance Thursday afternoon, tweeting, “If this ordinance is used in any way to quell the rights of performers, we will not hesitate to take swift action.”

Commissioner Krouse responded to concerns following the meeting.

“I’ve been to a drag show, I had a great time. It was fun,” Krouse said. “There was no reason to have kids there. It was not a political thing, but it was funny, it was light-hearted, nothing serious about it. These days, that’s changed. It’s become overtly political. It’s become very, very sexual in nature.”

The ordinance passed 3 to 2 after a committee discussion. Opposition included Jefferson County Commission President Steve Stolipher, who advocated for a public hearing before the ordinance’s passage.

A similar bill at the state level, Senate Bill 253, was also introduced during the 2023 West Virginia Legislative session. It was sent to the Senate Judiciary Committee but did not make it past the Senate before the session’s end.

Jefferson County Commission Sparks Backlash After Rejecting NAACP Resolution

A group of about 70 protestors stood outside the Charles Town Library, which is the building that houses county commission meetings. Many among them used nearly an hour of public comment time during the meeting to voice displeasure over the commission’s inaction.

Citizens of Jefferson County made their voices heard at a county commission meeting Thursday night after a proposed resolution condemning white supremacy was rejected from the agenda.

A group of about 70 protestors stood outside the Charles Town Library, which is the building that houses county commission meetings. Many among them used nearly an hour of public comment time during the meeting to voice displeasure over the commission’s inaction.

Elizabeth McGowen
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Courtesy
Protestors outside the Charles Town Library on Thursday, where commission meetings are held.

This comes after a picture surfaced of Jefferson County Commissioner Tricia Jackson posing with two alleged members of the Proud Boys, an alt-right hate group that has been linked to events like the Jan. 6 riot at the U.S. Capitol.

The men in the photo were wearing clothing with the group’s logo and using the “okay” hand gesture, which was designated as a hate symbol relating to white supremacy by the Anti-Defamation League in 2019.

An initial statement made by Commissioner Jackson on her Facebook page, following the photo’s initial resurfacing in June, said it was innocent and made at the request of two men at a local restaurant several years ago.

Facebook
Jefferson County Commissioner Tricia Jackson poses for a photo with two men allegedly using the “okay” hand gesture and wearing hoodies with the Proud Boys logo.

NAACP Jefferson County President George Rutherford, who wrote the resolution, said the chapter wants to know where the commission stands.

“We want the county commission to take a position and say they are against this type of thing. If you look at that resolution, it doesn’t say one thing about getting rid of anyone or anything,” Rutherford said.

George Rutherford
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Courtesy
A resolution proposed by the Jefferson County NAACP to the county commission condemning white supremacy.

In response, many of the citizens attending the meeting requested that the commission speak out against white supremacy.

“A strong statement by the commission addressing the rising tide of violence against people of different races and ethnicities would put this subject to rest and assure constituents that the commission will not tolerate hate in our Jefferson County,” Eastern Panhandle local Elizabeth McGowen said in her public comment to the commission.

“We want to say that in Jefferson County, and then the Eastern Panhandle and in West Virginia, there’s no room for hate here. We reject hate. We don’t welcome it,” fellow attendee Stewart Acuff said in an over-the-phone interview.

Lyn Widmyer, a former county commissioner from 2008 to 2013, also attended the meeting alongside the protestors. She noted that because of state law, county commissioners cannot respond during public comment.

“That was another reason it should have been on the agenda, so people could hear the thoughts of the county commission,” Widmyer said. “I’m always hopeful that it will appear on the next county commission agenda so we can hear a discussion of it amongst our elected officials.”

Both the Jefferson County NAACP and the West Virginia Democratic Party previously released statements condemning Jackson for the photo.

West Virginia Public Broadcasting reached out to the commission for a statement but did not immediately hear back.

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