City officials do not have plans at this time to remove a Charleston councilman from office following an investigation related to a woman's drug overdose death earlier this year.
"I don't see that happening. I don't see us removing him from Council. He's already marginalized himself," Mayor Danny Jones said before Tuesday night's Council meeting.
Ward 1 Councilman Bernard Slater Jr. is being investigated after Charleston police say they found text messages from him in Steve Coleman's cellphone. Coleman has been charged with felony murder in Melody Ann Oxley's death.
An affidavit used by police to obtain a search warrant said Slater was trying to buy prescription medication from Coleman. When Oxley's death was discussed, police say "Slater offered to be a witness for Coleman by falsely testifying that he was present during the overdose," wrote Charleston Detective Eric Smith.
In a June Facebook message exchange with a reporter, Slater said, "They are going to try to screw him," when discussing Coleman's case.
Slater did not return requests for comment Tuesday. He did not attend Tuesday's City Council meeting.
Oxley was found dead on Feb. 14 in a bedroom at a house Coleman shares with his father, Steve Slater, on Charleston's West Side, according to the criminal complaint against Coleman. Coleman and Bernard Slater are cousins.
City Clerk J.B. Akers said he has not been approached to start the process by which Slater's potential misconduct could be addressed.
"I'm not saying he should or should not be charged but just answering the procedural question, it's a Charter provision, the categories for removal are pretty broad," Akers said.
Section 19 of the city's Charter states that a member of Council - elected or appointed - can be removed from office for "official misconduct, incompetence, habitual drunkenness, neglect of duty or gross immorality."
"Who knows, I guess the definition of each of those could change depending on who you're dealing with," Akers said.
Once a charge against a public official is issued, he or she is summoned to appear before Council within five days, Akers said. The person then may be removed if two-thirds of Council votes to do so.
Akers said there are some procedural differences between city and state code when dealing with the removal of a public officer that might need to be addressed should the issue arise.
City attorney Paul Ellis said the "safest way to go" would be to use state code as the process for removing a public official.
"The question, to the extent there is a question, would be whether the city could rely on its Charter at all," Ellis said.
State law states a certain number of those who voted in the city's last election, the prosecuting attorney or city official could petition to remove a person from city office. Then a three-judge panel is set up to hear the case.
Council President Tom Lane said Council might have to address the allegations against Slater "at some point."
"I think if Bernie stays on Council while these charges are pending and does not voluntarily resign, I think we'll have to determine what might be appropriate," Lane said.
Police have not filed charges against Slater at this time, and Lane said he has not heard whether they would. Lane said Council needs "to see what the police determine" before any action is taken.
"The facts that have been reported seem very incriminating to me and also very serious," Lane said.
Councilman Jack Harrison, Democratic majority leader, wrote in an email that no action needs to be taken right now.
"As I understand Councilman Slater has not been convicted of anything yet. So no action is warranted at this time. And no I haven't heard or been [asked] to proceed with any removal action," Harrison wrote.
Jones did say, however, he will consider committee changes in light of the allegations against Slater.
"I'm going to make some committee changes where he's involved. I'm not sure about those yet," Jones said.
Lane said he believed, up until now, that Slater was making positive changes in his life.
"I've gotten several emails from Bernie indicating he has been involved with youth sports activities at the North Charleston Community Center and seemed to be taking a positive turn. And I was encouraged by that," Lane said. "But the news that's coming out now is very disappointing."
Slater has a lengthy criminal history. He told the media while campaigning that he used to struggle with a substance abuse problem, but that his "history is not relevant now that I have gave my life to Christ."
Lane said he has not spoken with Slater since the allegations were published.
Jones said Slater made a "strategic error" in accusing the police department of using physical force against him when obtaining the cellphone.
"To blame this on the police and say somebody else used his phone is kind of like, 'The dog ate my homework,' and I don't think it's going to play with Council," Jones said.
Reach Rachel Molenda at rachel.molenda@wvgazette.com, 304-348-5102 or follow @rachelmolenda on Twitter.