Council Votes 4-2 to Appeal Ruling that Denied Motion to Dismiss Former City Manager Pat Ford's Lawsuit
By Jeff Toquinto on May 12, 2026
Bridgeport City Council voted to appeal a ruling by Judge Joseph F. Shaffer, Jr. that denied the city’s motion to dismiss the whistleblower lawsuit filed against it by former City Manager Patrick Ford.
The city was seeking for Shaffer to rule for arbitration in the matter. Instead, Shaffer’s ruling gave Ford an early victory in the ongoing legal battle that would have the case settled in the courtroom./Council%202026/Council%205-11-26%20Kinney.jpg)
Now, another round of legal action is forthcoming based on the vote of Council to appeal the matter to the West Virginia Supreme Court. The measure passed 4-2 at the end of a special meeting of Council that began at 6 p.m. prior to the regular meeting that started at 7 p.m.
City Recorder Harry M. “Hank” Murray, and Council members Don Burton, Clayton Rice, and Jaclyn Rominger voted for the appeal process to force arbitration, while Mayor Robert Matheny and Council member Chris Kinney voted for the matter to go to court. Council member Jason Campbell had an excused absence.
The vote came following an executive session where Council heard from their representative in the case – Attorney Tiffany Durst. Durst, with the Morgantown office of Pullin, Fowler, Flanagan, Brown & Poe, LLC. Durst recommended the city appeal.
Shaffer, judge for the Nineteenth Judicial Circuit (Harrison County), Division 2, ruled in favor of Ford on April 24. That was the date he issued his ruling denying Bridgeport’s motion to dismiss the lawsuit. You can read about that HERE.
“It is pretty obvious Council is following legal advice, and I get where the legal advice is coming from. We have an arbitration clause and /Council%202026/Council%205-11-26%20Durst.jpg)
that should be followed,” said Kinney. “… I think more important than preserving the sanctity of an arbitration clause or going a route that we think is more favorable to the city, I think the public deserves to have the city under scrutiny; that’s the way our government is set up is public scrutiny.
that should be followed,” said Kinney. “… I think more important than preserving the sanctity of an arbitration clause or going a route that we think is more favorable to the city, I think the public deserves to have the city under scrutiny; that’s the way our government is set up is public scrutiny.
“I think arbitration avoids public scrutiny,” Kinney continued. “So, I think this should be determined in the public court rather than arbitration.”
Matheny said he “concurred” with Kinney. He added that he has the “utmost respect” for Durst but believes the matter should take place in the public setting. Shortly after, he also asked the public to “respect each Council person’s decision” saying their votes were done with what they believed are in the best interest of the city.
No members voting for the appeal spoke on the matter.
Read more about the case, in general, HERE from the Council preview story, which also talks about another item that was on the agenda of the regular meeting involving Ford. That item, which involved an investigation recently completed on the item that began the legal issues between the city and Ford went to executive session, and no action was taken when the governing body readjourned.
During the regular meeting, Council took no action following a brief executive session to discuss the purchase of the East Main Street/Council%202026/Council%205-11-26%20Matheny.jpg)
Trailer Park and the building that housed for many years Ann’s Sounds Familiar. Interim City Manager Joe Shuttleworth said prior to the meeting it was possible that discussion on another piece of property could be discussed.
Trailer Park and the building that housed for many years Ann’s Sounds Familiar. Interim City Manager Joe Shuttleworth said prior to the meeting it was possible that discussion on another piece of property could be discussed.
City Attorney John Ashcom said earlier in the regular meeting that the deal was “close” to being finalized. A closing, he added, could come in the months ahead. Shuttleworth said nothing formal, however, had been signed.
As for items where action was taken, Council approved a pair of economic incentive grants at the recommendation of the Bridgeport Development Authority. Both grants are for upgrades to Main Street businesses.
The first incentive approved was for Dieringer Dental, PLLC for 25 percent reimbursement on an $8,000 improvement project. The second okay was for Expressions Hair Designs, LLC, for 25 percent reimbursement on a $30,000 investment. Both project totals are estimates and final reimbursement is based upon receipts for each project.
Council also approved the reappointment of Council member Harry M. “Hank” Murray to the Library term for a five-year term that will /Council%202026/Council%205-11-26%20Rogers%20Matheny.jpg)
expire on June 30, 2031. Murray is a long-time member of the Board.
expire on June 30, 2031. Murray is a long-time member of the Board.
A quick vote was taken to change the date of the next Council meeting, set for Monday, May 25, which falls on Memorial Day. The meeting will be held Wednesday, May 27.
Prior to official business, Council heard the annual department head report from IT Department Director Jo Kuykendall. This was Kuykendall’s first report after taking over the position from Josh Drummond in June of 2025.
Also, Council made two proclamations Monday. The city designated May as Mental Health Awareness Month and Huntington’s Disease Awareness Month.
The final item on the agenda prior to official business was an employee service award presented to Luke Sigley. Sigley works at the city’s wastewater treatment plant.
More from this meeting in the days ahead on Connect-Bridgeport.
Editor's Note: Top photo shows Council member Chris Kinney directing a question to Attorney Tiffany Durst, who is shown heading into executive session with the city's governing body Monday evening. In the third photo, Mayor Robert Matheny addresses other members of Council. In the bottom photo, Matheny presents a proclamation to City Clerk Lauren Rogers on Huntington’s Disease Awareness Month. Rogers mother, and several other members of her family, have battled or are currently battling, the disease.
