Ousted Commissioner Swaps Parties, Muddying Search For Successor

Days before a West Virginia circuit court removed her from office, former Jefferson County Commissioner Jennifer Krouse unexpectedly left the Republican Party behind.

Elected as a “staunch, God-fearing conservative” in 2022, Krouse swapped political affiliations in late April and registered with the Mountain Party — West Virginia’s progressive, environmentalist affiliate of the Green Party.

Now, county officials and party representatives alike are scratching their heads over how to fill Krouse’s vacancy, and what party her replacement must come from.

A last-minute switch

Two members of the Jefferson County Commission — Krouse and state auditor candidate Tricia Jackson — were removed from office by order of a West Virginia circuit court Wednesday.

The commissioners skipped seven consecutive meetings from September to November 2023, protesting efforts to fill a vacant commission seat with candidates Krouse previously said were not “actual conservatives.”

A panel of judges ruled that this weeks-long protest amounted to “official misconduct” or a “neglect of duty,” as their absence prevented the commission from meeting quorum and conducting business.

But about one week before the court’s decision, Krouse switched political affiliations.

Under current West Virginia law, county commissioners have 30 days to fill vacant seats by a simple commission vote. Their appointee must be “a person of the same political party” as the individual who held office “immediately preceding the vacancy.”

This year, the West Virginia Legislature passed a bill amending this law so that appointees must be members of the vacating officer’s party upon election. Lawmakers repeatedly cited contentions over vacancy proceedings in the Jefferson County Commission while updating the policy.

But the new law does not take effect until January 2025, and the earlier policy still remains in place. That means Krouse’s successor must be a member of her party upon removal from office — the Mountain Party.

The Jefferson County Commission holds its public meeting May 2, the first meeting following the removal of former Commissioners Tricia Jackson and Jennifer Krouse from office.

Photo Credit: Jefferson County Commission

Filling vacancies (again)

Stephen Stolipher, sitting president of the Jefferson County Commission and chair of the Jefferson County Republican Executive Committee, said he is unsure why Krouse switched parties.

“She certainly has never really acted like a Republican, [but] the Mountain Party is far, far left,” he said.

Mountain Party Chair Denise Binion is not sure either. She said the ousted commissioner’s “politics don’t match the party at all.”

Krouse did not respond to written requests for comment on this story. But her decision follows months of disputes with the local Republican party, and has implications for the selection of her successor.

As it currently stands, the three remaining members of the Jefferson County Commission have until May 31 to fill the vacancies through a majority vote.

Krouse’s vacancy must be filled by a member of the Mountain Party, and Jackson’s vacancy must be filled by a member of the Republican Party, per state law.

With a general election slated for this fall, these appointees would only hold office for a few months, according to Deak Kersey, chief of staff and former legal counsel for the West Virginia Secretary of State.

To keep their positions, appointed commissioners must be voted into office in the general election immediately following their appointment. Otherwise, Kersey said they only remain in office until the county certifies the results of its November general election, when new commissioners are elected.

But the future of the Jefferson County Commission is muddied by the possibility of a judge siding with Krouse or Jackson on appeal.

The Jefferson County Commission meets in the basement of the Charles Town Library.

Photo Credit: Jack Walker/West Virginia Public Broadcasting

A potential appeal

Jackson has already publicly stated that her attorney will appeal the circuit court’s decision to remove her from office.

If the appeal is rejected, vacancy proceedings will continue as usual, Kersey said. However, things are more complicated if a judge decides differently.

While awaiting a result on the appeal, a circuit court judge could suspend Krouse and Jackson’s removal from office, allowing them to return to work until the decision is finalized, Kersey said.

Alternatively, Kersey said that a judge siding with the commissioners after their vacancies have been filled would likely nullify any appointments, restoring Krouse and Jackson’s positions.

If such a decision came after the general election, things would become even more complex, and Kersey said it would likely require clarification from the state’s Supreme Court.

“The court would have to give some guidance to that effect, because it would have a lot of downstream impacts,” he said.

In this case, Kersey said the election results would most likely be nullified, allowing Krouse and Jackson to serve their original, full terms — until 2029 and 2026, respectively.

Kersey said that he is unsure how long the appeal process would take, as decisions vary on a case-by-case basis. But he said courts would likely reach a decision on a quickened timeline.

Courts “treat election issues expeditiously because of the fact that we have elections every two years,” he said. “You don’t want the government putting people in places for too long that weren’t elected by the people.”

In the coming weeks, Kersey said representatives from Secretary of State Mac Warner’s office will meet with members of the commission to offer guidance on filling the current vacancies.

In the meantime, Stolipher said the commission will continue to meet on its regular, biweekly basis.

“We currently have a quorum of three members,” he said. “We’re still meeting and conducting business.”

Jefferson Commission Confusion And Pipeline Problems, This West Virginia Morning

On this West Virginia Morning, a West Virginia circuit court removed two members of the Jefferson County Commission from office, but a last-minute party change has cast confusion over who will name her successor.

Also, the construction of a pipeline in western Pennsylvania and a rupture in the Mountain Valley Pipeline has left environmentalists asking questions.

On this West Virginia Morning, a West Virginia circuit court removed two members of the Jefferson County Commission from office. But as Jack Walker reports, a last-minute party change has cast confusion over which party will name her successor.

Also, the construction of a pipeline in western Pennsylvania and a rupture in the Mountain Valley Pipeline has left environmentalists asking questions.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Emily Rice produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Luxury Harpers Ferry Hotel Eyes Revitalization District Status

Hill Top House Hotel, a controversial luxury venue planned for Harpers Ferry, is pursuing new financing models through West Virginia’s tax increment financing program.

Overlooking the Potomac River, the future site of the Hill Top House Hotel has been blocked off with chain-link fences and sheets of fabric for years.

First proposed in 2007, the luxury hotel aimed to renovate and expand a historic nineteenth-century hotel that had fallen into disrepair.

The plan generated controversy among residents concerned about the scale of the project, which includes an underground parking garage, on-site restaurant and public green space.

For their part, representatives with SWaN & Legend Venture Partners — the Virginia-based investment group that owns the property — have maintained their intention to see the project through, even as local objections have ebbed and flowed.

But community pushback has not come without challenges, according to SWaN CEO Karen Schaufeld. The years of delays to the project have altered the project’s costs, which Schaufeld said rose significantly during the COVID-19 pandemic.

“The increase in construction and building costs due to numerous delays and, subsequently, the COVID-19 pandemic caused Hill Top’s total project cost to balloon to $150 million,” she wrote Thursday in an email to West Virginia Public Broadcasting.

To offset these new costs and help complete a project decades in the making, SWaN representatives are pursuing a new financing model: West Virginia’s tax increment financing (TIF) program.

Schaufeld wrote that admission to the program is a “financial necessity” for the hotel’s completion.

Some properties along Washington Street in Harpers Ferry have been purchased and prepared for development by SWaN & Legend Venture Partners.

Photo Credit: Jack Walker/West Virginia Public Broadcasting

The TIF program identifies areas in need of development and economic revitalization. By designating these areas as TIF districts, property developers can receive financial support for their projects on site.

When a site is declared a TIF district, its property value is frozen for a number of years, during which property owners can further develop within the district without facing increased property taxes.

On April 4, the Jefferson County Commission took the first steps toward securing the hotel its new status, voting narrowly to submit a TIF district application to the West Virginia Department of Economic Development.

This is merely a first step in the process, as the Jefferson County Commission will receive final approval over TIF districting plans.

Still, during an April 4 commission meeting, some members of the commission expressed concern over the speed of the application process, and encouraged additional time for public feedback.

Additionally, county commissioners expressed concern that the application was not complete at the time of their voting.

“I think we need to schedule another public hearing,” said County Commissioner Tricia Jackson, who voted against the application. “I think it would be irresponsible and reckless for this commission to advance this without having completed application information and [having] the public’s involvement.”

Last fall, the commission hosted a separate public hearing to receive community input over the plans. Additionally, the commission hosted a workshop on TIF districts in late March in preparation for the project.

Schaufeld said that the TIF district application “is a dynamic document, which contains values that change with time.”

This Harpers Ferry overlook has been slated for the development of Hill Top House Hotel, prompting detours for local access roads.

Photo Credit: Jack Walker/West Virginia Public Broadcasting

“Since the progression of this TIF application was delayed by many months due to the Jefferson County Commission itself, there are certain areas that are being updated,” she wrote.

Other members of the commission said delaying the application process could have adverse effects on the project on the whole.

County Commissioner Pasha Majdi, who voted in favor of the application, added that the commission would have time to review the results from the Department of Economic Development before making a final decision.

“I’m concerned that if we delay this application, we would risk losing funding for public benefits like an underground parking garage and green space,” he said. “The project, it’s going to continue regardless. But without a TIF these public benefits could be lost.”

Ultimately, the commission voted in favor of the application 3 to 2, advancing a project characterized by years-long standstills.

In her email, Schaufeld wrote that SWaN expects a “swift turnaround” on their application, and a response from the Department of Economic Development within 60 days of its submission.

Once a response has been received, the application will return to the Jefferson County Commission for final approval. If approved, the county will then have three to six months to finalize bonds for the project.

Schaufeld added that the project’s latest advancement has brought renewed excitement.

“We hope that after many years of costly delays we will be able to bring this project to life so that these economic benefits can finally come to Jefferson County,” she wrote.

Eastern Panhandle Celebrates Decade Of Inpatient Hospice Care

This year marks the 10th anniversary of Hospice of the Panhandle’s inpatient campus in Kearneysville. Sen. Shelley Moore Capito, R-W.Va., delivered a speech to commemorate the anniversary.

For patients with terminal illnesses, hospice care is a form of health care that provides enhanced comfort and quality-of-life resources when few medical options remain.

But ensuring a hospice patient’s comfort and happiness can be tricky in a traditional hospital setting, according to Maria Lorenson, development director of Hospice of the Panhandle located in Jefferson and Berkeley counties.

Crowded medical settings often come with loud noises and fewer lifestyle supports, she said. But that’s where inpatient facilities come in.

Inpatient facilities like Hospice of the Panhandle’s campus in Kearneysville provide a residential health care setting.

Here, patients continue to receive support, but also experience a level of normalcy harder to access in a traditional hospital, Lorenson said.

“It’s very quiet, peaceful (and) serene.”

While Hospice of the Panhandle has operated since 1980, this year marks the 10th anniversary of its current inpatient facility. To celebrate, residents of West Virginia’s Eastern Panhandle and beyond visited the campus Monday.

During the celebration, Sen. Shelley Moore Capito, R-W.Va., delivered remarks regarding her parents’ history undergoing hospice care, as well as the importance of supporting end-of-life health care facilities. 

“This is a real soft spot for me, hospice care,” she said.

Hospice of the Panhandle CEO Nikki Bigiarelli welcomes guests to a celebration of the inpatient facility’s tenth anniversary.

Photo Credit: Jack Walker/West Virginia Public Broadcasting

“The way to care for either life-ending illnesses or folks with dementia — or whatever the issue is — is something that I think all of us… will live,” Capito continued. “Every tender touch, every warm and friendly smile, every professional engagement is so absolutely important.”

Capito’s sentiments were echoed by Patti Maerten Hicks, whose husband, Dan, was admitted to the facility after receiving a pancreatic cancer diagnosis at age 47.

As her husband’s condition worsened, Maerten Hicks said that staff members volunteered to host an impromptu ceremony at the facility that would allow her husband to take part in their children’s high school graduation.

Maerten Hicks said that seeing facility staff and the local community rally around the ceremony brought joy to her husband and family during a particularly challenging period of time.

“Our family experience is just one story, one experience, that demonstrates how important the inpatient facility is to our community,” she said.

Hospice of the Panhandle is a health care facility located in Kearneysville, Jefferson County.

Photo Credit: Jack Walker/West Virginia Public Broadcasting

Lorenson said that operating an inpatient facility can be costly, which has limited the prevalence of inpatient care nationwide.

But residents can access hospice care using Medicare or Medicaid benefits, which prevents any financial burden from falling on the facility’s patients themselves, she said.

Plus, with the creation of the inpatient facility 10 years ago, Lorenson said that she and her colleagues feel they have enhanced medical resources available to the rural community surrounding the facility.

In a speech to the celebration’s guests, Hospice of the Panhandle CEO Nikki Bigiarelli said that the facility remains committed to continuing to serve residents like these in the years ahead.

Since opening 10 years ago, the inpatient facility — which can serve up to 14 individuals at a time — has admitted more than 3,000 patients for care, she said.

“I was born and raised here in the Panhandle, and taking care of our own people is very near and dear to my heart,” Bigiarelli said. “We’re going to continue to find ways to serve and take care of the deserving people of this Panhandle.”

Contractor Killed In US 340 Work Zone In Jefferson County

A flagger working for A.L.L. Construction Inc. was killed in a work zone accident on US 340 in Jefferson County according to a press release from the West Virginia Department of Transportation (WVDOT).

A flagger working for A.L.L. Construction Inc. was killed in a work zone accident on US 340 in Jefferson County according to a press release from the West Virginia Department of Transportation (WVDOT).
The flagger had stopped traffic on the US 340 widening project a little before 10 a.m. on Thursday, April 4, 2024, when another car drove up to the work zone at a high rate of speed. The driver swerved toward the embankment to miss the stopped traffic, but struck the flagger, trapping her underneath the car.
Bystanders lifted the car off the flagger, but she died on the way to the hospital.
“I’m very sad for the family and our partner, A.L.L. Construction,” said Transportation Secretary Jimmy Wriston, P.E. “It’s so senseless that we can’t seem to make better choices when we get behind the wheel of our automobiles.

“I implore all drivers to please lay down your cell phone, stay focused, and obey all the rules of the road, especially in the many work zones around the state,” Wriston said.
“We send our condolences to her family and her co-workers,” said J.W. Hawk, project manager for A.L.L. Construction. “They’re just out there trying to do their jobs.
“The traveling public really needs to pay attention when there are work zones,” Hawk said. “They need to slow down and pay attention, and adhere to all signs.”
Five people were killed in work zone crashes in West Virginia in 2023. The WVDOT is working together with its contracting partners, and law enforcement agencies to prevent work zone crashes. 
On Thursday, March 14, 2024, a WVDOT worker was struck and badly injured at the scene of an accident in Clarksburg. On Friday, March 29, 2024, a WVDOT worker was patching potholes on Interstate 79 when a driver drove through the work zone and struck him. His injuries were minor.

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.

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