bond required by law, shall forfeit not less than fifty nor more than one thousand dollars"; and

Section Eleven (11) Indicates that:

"Every officer or employee of a municipality who handles public funds or property,' and every other officer or employee of a municipality of whom it shall be required, shall, unless otherwise provided by law, give bond, with good security, to be approved by the council or other similar body of such municipality, and in such penalty as such council or other similar body shall prescribe, conditioned upon the faithful discharge of the duties of his office or employment and the faithful accounting for and paying over, as required by law, of any funds or property coming into his possession."

Kanawha County Circuit Judge Irene Berger ruled that Nitro Treasurer Tifney Terry was not properly bonded when she took office and as a result the position is vacated.

"A vacancy cannot be filled by simply posting a bond," Berger writes in her order. "Thus, posting a bond after the expiration of the statutory time frame does not cure the deficiency."

Terry has long admitted that she was unaware that she was not properly bonded when she was appointed as Nitro's treasurer. In April of 2007, Terry acquired the proper bond. However, one of Terry's critics, Karen Fritz, filed suit to have Terry removed.

Friday, Berger ruled in Fritz' favor.

"The Defendant has admitted in her Motion to Dismiss that she posted a bond on April 2, 2007, prior to being served with this lawsuit. Further, there has been no dispute of the Plaintiff's claim that this date of posting bond was approximately eighteen (18) months after she took office as treasurer of the City of Nitro. Therefore, the Defendant, Tifney Terry, having failed to raise a genuine issue of material fact as to this issue, the Court finds, pursuant to West Virginia Code, Chapter 6, Article 2, Section 4, that the office of treasurer of Nitro should be deemed vacant as of the sixty-first (51^st) day after the Defendant took office."

"She's making that ruling based on the facts she had at hand," says Terry. "We had a hearing scheduled for later this month. I don't know how she can make a ruling without a hearing."

"I'm pleased with the order," says Fritz. "Justice has finally prevailed."

Terry is planning to report to work on Monday-but not as Treasurer. "I hold more than one position within the city," she says. "I also manage City Hall. And within that position I hold various powers and authority."

Terry says she will not act as treasurer "Until the matter is resolved. I will never knowingly do anything to violate a court order."

"That matter could be resolved as soon as the next Nitro City Council meeting. There does not appear to be anything restricting Terry's re-appointment as Treasurer now that she has the proper bond.

Terry says the entire situation is politically motivated and that Fritz has taken her personal feelings about Terry into the courtroom.

"It's no coincidence that Karen Fritz is a former member of West Virginia wants to know and that Wanda Carney, a former member, works for Mr. Clifford," says Terry. "This may be a conflict of interest."

Carney and Terry were co-founders of West Virginia wants to know. Terry left the group and was appointed by Nitro Mayor Rusty Casto despite the group's accusations of wrongdoing at City Hall.

Some have accused Terry of selling out and Casto of hiring his enemy to put her on his side. Both deny those accusations.

For now, the usually vocal Casto isn't saying much until he has an opportunity to meet with legal council next week.

"We're going to talk to the attorney tomorrow and see what he has to say," says Nitro Mayor Rusty Casto. "We'll take it from there."