West Virgina City Seeks To Dismiss Firefighters' Union Lawsuit Challenging Appointment Of New Chief

MARTINSBURG, W.Va. (AP) -- The city has asked a circuit judge to dismiss a lawsuit the firefighter's union filed challenging the appointment of Martinsburg Fire Chief Paul Bragg.

Local 805 of the International Association of Firefighters filed a lawsuit May 27 saying Bragg's appointment should be voided because he was not required to take a civil service exam and he was hired over other officers who were qualified for the position under civil service regulations. The lawsuit asked Berkeley County Circuit Judge Christopher Wilkes to order that a new chief be hired from the civil service list.

Bragg, a former Beckley fire chief, was hired on Sept. 10, 2001. The city's motion, filed last week, says the lawsuit should be dismissed because a one-year statute of limitations has expired.

No hearings have been scheduled.