Council Declines to Forward Complaint to State Police.
Public Works Director Can Pursue Charges Against Councilman
For HNN by Art Harvath

City Council on Monday rejected an order for the city clerk to forward information to the State Police concerning an alleged incident between a city official and city council member Tom McCallister. The vote was 7-2 against the order, with Council members Cal Kent and Mary Neely voting to send the matter for state police investigation. B.W. Ellis was absent from the meeting, and McCallister was absent from the vote.

“This is a matter of trying to embarrass me, and the paper has done a fairly good job,” said McCallister at the meeting. “The city attorney explained clearly to this council that they shouldn’t proceed with this,” he added.

“The people on this council would really like to see me leave, but I’m going to be here for three more years, there’s just no question,” said McCallister.

Councilwoman Mary Neely said that when she had asked the city attorney to draft the order up, she had already received several complaints on Mr. McCallister. She said the city attorney, Ted Morgan told her that Cabell County Prosecuting Attorney Chiles was a prosecutor and not an investigator, and that he asked whether she wanted the matter to go to the State Police.

Neely said that if that’s where it should go, then we’ll send the matter to the State Police. “I want to make it perfectly clear that Mr. Chiles did not want to handle this,” said Neely.

The alleged incident occurred December 6th , 2001 at City Hall. According to McCallister, he had talked to Department of Administration and Finance Director Jack Thornburgh about picking up the keys to the City Hall Annex. After a long wait, McCallister said he was then told he had to get the key from Department of Public Works Director George McClennen.

In memos of the incident obtained by HNN, witness accounts vary about exactly what happened. Compliance Inspector James Porter did say that McCallister was the aggressor. At one point in Porter’s December 13th memo to Thornburgh he states that “Tom did his best to provoke a physical attack from McClennen, telling McClennen to get his finger out of his face or he would knock his head off.” Porter did not mention anything about McCallister having his arm drawn back.

Tina Moore, Chief Clerk and Inspections Department, states in her December 13th memo to Thornburgh that “McCallister had his arm drawn back and told McClennen that he was going to knock his d--- head off.”

HNN was unable to locate any memos from McClennen about the alleged incident, but McClennen has on three separate occasions accused McCallister of improper actions and behavior toward him.

On March 1st 2001, he accused McCallister of threatening him by asking him to “go outside” into the alley to settle an issue concerning a contractor.

On June 8th 2001 McCallister allegedly again asked McClennen to go outside in the alley to settle an argument about the 6th avenue parking lot.

On June 25th 2001, McCallister allegedly confronted McClennen at City Hall and again asked him to go outside into the alley in an argument over the 6th avenue parking lot.

Monday night’s council vote apparently puts the decision to pursue the matter in McClennen’s hands. If he wants to file charges, he is free to do so.