Charleston Attorney Mike Clifford, fed up with the City of Nitro's stonewall act, has filed a petition with Kanawha County Judge Irene C. Berger asking her to hold the town in contempt and to appoint a special receiver.

"I've never heard of a city refusing to obey a court order," says Clifford. "Never."

The filing is the latest document involving the on-again, off-again, on-again appointment of Tifney Terry.

Nitro resident Karen Fritz discovered that Terry, who Fritz opposes, was not properly bonded-for about 13 months. Fritz filed suit, represented by Clifford, and Judge Berger vacated the position, July 13th, because Terry didn't have her bond within the required 60 days of her appointment. (Though Terry was eventually bonded, she says she was told by Nitro officials that the bond wasn't needed.) Terry was re-appointed August 7th.

Clifford wants "a chronological itemization of all salary and benefits provided to defendant Terry for the period of time commencing on the 61^st day following her assumption of the office of Treasurer of the City of Nitro until July 13, 2007, the date of the Court’s order, in order to comply with the Court’s mediation order."

"My salary as Treasurer is public knowledge," says Terry. "It is $20,000 per year. No benefits attach to that position. That salary for the Treasurer was set more than 6 years ago and has not changed...As for the a special receiver to be appointed that is utterly ridiculous."

Fritz wants Terry to pay back her salary during the time she wasn't bonded. Terry says the City of Nitro does not expect reimbursement.

Clifford says mediation should take place within 60 days.

In his filing, Clifford states: 

"6.   On August 6, 2007 plaintiff requested the same information via a Freedom of Information Act request, copy attached and incorporated herein by reference.

7.  No response was given to the FOIA request. 

8.  On August 6, 2007, Ms. Terry, on her blog, criticized the Court’s ruling, saying that it was based solely on the information contained in the complaint."

Terry denies criticizing Berger's ruling. "That is not true," Terry says. "I have always agreed with Judge Bergers ruling as it was based on the law and the complaint that was filed.  The city filed a motion to dismiss and did not file an answer - You may recall there was a hearing scheduled before Judge Berger and her ruling came down one week before that hearing.  She had nothing else to base her ruling on but the complaint.  That is not a criticism...."

In past interviews, Terry called Fritz' suit "a waste of time," and said that Clifford "needs a hobby."

This is not the first time the City of Nitro has been accused of refusing to comply with a Freedom of Information Act Request. You may recall that earlier this year Nitro failed to comply with a FOIA Request filed by PutnamLIVE.com for the salaries of city workers. After we published a story about Nitro's failure to comply, Terry finally supplied the information.

PutnamLIVE.com will let you know how Judge Berger rules on this case when her decision is announced.

The case is: Civil Action No. 07-MISC-148