Local farmer Bob Tabb speaks to the JCDA board about the importance of agriculture to the county’s economic future.
A County Commission vote on March 6 2025 to change how the Jefferson County Development Authority (JCDA) operates has led to concerns and questions from Charles Town, Harpers Ferry, and Shepherdstown leadership – as well as the JCDA itself.
During the JCDA meeting on March 18, the members of the JCDA board had a lengthy discussion about the County Commission’s recommended changes. The JCDA board effectively rejected the changes proposed by the County Commission, voting to table the discussion and indicating that the JCDA committee already working on updating its strategic plan would also review the bylaws and bring recommendations back to the full JCDA board.
The County Commission has included “JCDA bylaws” on the agenda for its March 20 meeting. The item is listed under old business, which allows the Commission to have further discussion or take action, even though no motion or requested action is specified in the agenda.
The County Commission’s March 6 Vote
The Jefferson County Commission took action on March 6 to remove the requirement to have representatives from all five cities and towns on the board of the Jefferson County Development Authority (JCDA). The Commission also voted to reduce the number of JCDA board members from 15 to 13, to remove requirements that it reserve seats for business, labor, industry and agribusiness representatives, and to disband the JCDA board’s agriculture subcommittee.
Charles Town City Council Reacts
Charles Town City Council member Elizabeth Ricketts, who also serves as the City’s representative on the JCDA board, spoke at the City Council meeting on March 17 to give a summary of the bylaws changes proposed by the County Commission. Prior to the meeting, Ricketts had noted publicly that the proposed changes discussed at the County Commission meeting on March 6 are significantly different in scope and intent from the bylaws revisions that had been approved by the JCDA board last year (May 2024) and then sent to the County Commission for its approval.
During the March 17 meeting, the City Council raised questions about the authority of the County Commission’s action (referencing state law that gives the JCDA board the sole authority to approve its own bylaws) and asked why the Commission is pushing for the specific changes.
City Manager John Nissel asked if the Commission could use the JCDA to control the redevelopment of the downtown block that will be vacant after the County offices move to the former APUS building on North Lawrence Street. Stephanie Grove, attorney for the City said yes, the Commission could give the downtown property to the JCDA as an alternative to having a public auction to dispose of the properties.
The Charles Town City Council requested Ricketts to provide a further report on this issue at its next meeting on April 7.
Reaction from Harpers Ferry and Shepherdstown
The mayors of Harpers Ferry and Shepherdstown have also shared concerns about the Commission’s actions.
In a statement to The Observer, Harpers Ferry Mayor Greg Vaughn said “I believe municipal governments are an integral part of any County oversight body. Very seldom do Jefferson County municipalities have a direct link to the County despite the vast economic impact that each of the five municipalities have on the economic base of the County. Municipal input into the decision making of the JCDA is a success story of cooperative involvement of our municipalities. I also believe that the County Commission should be seeking additional avenues for direct municipal involvement as opposed to reducing municipal participation. The governing body of each municipality contains a wealth of talent and experience that could provide valuable advisory assistance to the Jefferson County Commission. So, let’s not lessen municipal input, let’s consider expanding it.”
Shepherstown Mayor James Gatz also provided a statement to The Observer: “It is especially important that every municipality in Jefferson County be represented directly on the JCDA Board. The municipal representatives bring a unique perspective; without their direct involvement the JCDA would be less likely to provide sufficient support for the municipalities’ efforts to attract, retain, and strengthen employers that are so important to the economic health of our towns.” Gatz recently resigned as the Shepherdstown representative on the JCDA board and he confirmed that “Shepherdstown will nominate one or more individuals for consideration for appointment to the JCDA Board and to provide our town’s perspective on the Board.”
WV Code Governs Development Authorities
The functions and rules of county and municipal development authorities are specified in West Virginia code (Chapter 7, Article 12). The law requires that development authorities be set up as independent corporations to specifically shield the counties and municipalities (and their taxpayers) from being liable for the debts of these authorities. The state law also specified that development authorities shall govern their own affairs (including establishing bylaws, creating committees, and hiring staff).
- VW Code 7-12 (Development Authorities) [download PDF] [website]
JCDA Bylaws Revision Timeline
In 2022, the JCDA formed an ad hoc Bylaws Committtee to review and recommend updates to its bylaws that had been in place since 2012. The committtee held three meetings (December 2022, April 2023, and April 2024). The committtee presented draft bylaws to the JCDA board in May 2024. The board voted to adopt the revisions and send them to the County Commission for approval (as required by the 2012 bylaws).
- JCDA current bylaws (adopted 2012) [download PDF]
- JCDA draft bylaws (voted by JCDA & sent to JCC in May 2024) [download PDF]
- County Commission redlined draft bylaws (March 6 2025) [download PDF]
Conflicting Interpretations Of State Law
The JCDA Bylaws Committee members who met on April 21, 2024 referenced the revisions to state code (WV-7-12) that were enacted in March 2024. The interpretation provided by the JCDA Executive Director (who indicated she had consulted with thte County Attorney) was that “it’s up to you” to determine the composition of the board. The Executive Director recommended strongly that the municipal representatives and Board of Education representative remain as designated seats. The committee continued the discussion, landing on language that recommended including citizen representation from “business, industry, agribuisiness, and labor.” [see video link below, 4:00 minute to 17:00 minute mark]
- JCDA Bylaws Committee meeting (April 2024) [watch video]
At the Jefferson County Commission meeting on June 27, 2024, the County Commission also referenced the March 2024 changes in state law to support their unanimous vote to add an agribusiness representative to the list of designated seats on the JCDA board. The Commission reviewed the revised bylaws submitteed by the JCDA and requested the County Administrator and County Attorney to review them further, send back any suggested changes to the JCDA, and have the JCDA bring them back if there were any further changes.
- County Commission meeting (June 27 2024 discussion of JCDA bylaws) [watch video]
At the Jefferson County Commission meeting on March 6, 2025, the County Administrator and County Attorney provided a different interpretation of the state law changes that were enacted in 2024, suggesting that the JCDA was required to remove all prescriptions for the board membership. Upon staff advice, the County Commission voted unanimously to amend the JCDA bylaws that had been submitted to the Commission 9 months earlier. The changes made by the Commission at this meeting included reducing the number of board members from 15 to 13, removing the designation of specific seats for municipal and other designated representatives, and removing the standing agricultural committee.
- County Commission meeting (March 6 2025 discussion of JCDA bylaws) [watch video]
County Commission Meets On March 20
The County Commission meetiing scheduled for March 20 is scheduled to begin at 6:00 pm. The meeting will be held in the lower level meeting room of the Charles Town Library (200 East Washington St, Charles Town; the entrance to the meeting room is accessed from North Samuel Street). The agenda includes a public comment period at the beginning of the meeting. The JCDA discussion is listed under “Old Business” which is scheduled for 9:30 pm (the meeting may run ahead or behnd schedule and the Commission can reorder the agenda items). The Commission meetings are broadcast online and online participants can participate in public comment.
By Steve Pearson