Clarksburg City Manager Tiffany Fell
CLARKSBURG – In a unanimous vote, all members of Clarksburg International Association of Fire Fighters Local 89 have voted no confidence in City Manager Tiffany Fell.
The vote was announced just a week after a city employee filed a whistleblower ethics complaint against Fell, who started the job in June 2023.
“Currently, the professional firefighters of Local 89 are engaged in multiple lawsuits with the city, something that did not occur until Ms. Fell became City Manager,” the IAFF Local said in a November 4 press release from attorney Teresa Toriseva. “Ms. Fell’s handling of critically important firefighting matters indicates she has little to no understanding of what professional firefighters face on a daily basis.
“An effective and competent city manager must have an understanding of the complexities of the 24/365 fire fighter readiness, the way firefighters are compensated, and the importance of communicating with the firefighters effectively. Ms. Fell lacks these qualifications.
“Ultimately, this lack of professional management of the Clarksburg Fire Department directly affects public safety, the retention of qualified experienced firefighters and the recruitment of new ones.”
The IAFF vote regarding Fell took place September 20 but was announced in Tuesday’s press release.
Last year, more than 40 Clarksburg firefighters sued the city claiming they weren’t properly paid for overtime. In addition, a former city Public Works Department employee says he wasn’t paid for hundreds of hours of overtime and comp time.
On October 27, Dr. Shana Nicholson filed a formal complaint against Fell. It was sent to members of the Clarksburg City Council, the Clarksburg City Clerk and the West Virginia Ethics Commission. Nicholson is the city’s director of Community Development & Grant Projects.
In the complaint, Nicholson says Fell has committed “serious and repeated violations of ethics standards, misuse of public resources, conflicts of interest, harassment, falsification of official documents and unlawful retaliation.”
“The pattern of misconduct detailed herein represents a fundamental breach of public trust and demands immediate investigation and action,” the complaint states.
Regarding conflicts of interest, Nicholas claims Fell orchestrated employment for her spouse with a private developer who was promised Tax Increment Financing (TIF) funds from the city. She says Fell secured similar employment for her child with the developer as well, but it was terminated “only after Ms. Fell was confronted with impropriety.”
“Fell used city time, her official position and city resources to secure private employment for her spouse,” Nicholson writes in her complaint. “Specifically, she accompanied a development team to the grand opening of the Ben Hur building (Crawfordsville, Indiana), using this official city appearance to leverage employment opportunities for her spouse.
Nicholson says Fell also systematically harassed Salem University staff.
“Fell engaged in a sustained campaign of harassment against Salem University staff, repeatedly leveraging her position as City Manager to obtain personal benefits,” the complaint says. Those include free tuition for her children, full-time secondary employment for herself and additional teaching assignments beyond appropriate scope.
“Fell conducted personal business related to Salem University employment during work hours, attending meetings, making calls and leveraging city connections in city time. … Fell behaved unprofessionally during meetings with Salem University staff and others.”
The filing also claims Fell “systematically exploited” Nicholson’s professional credentials, expertise and work product for her personal benefit” with publications and career advancement, immigration status applications, personal homework and academic assignments as well as professional networking and connections.
She also says Fell required city IT staff to complete her personal homework assignments and compensate them city overtime pay. Nicholson says Fell did the same with city Communications Department staff.
She claims Fell also use city staff to provide personal services, including babysitting her children and running personal errands on city time. The complaint says Fell “made extraordinary and inappropriate demands” on the city clerk, including use of personal home, babysitting services and transportation to other states.
The complaint says Fell also conducted personal legal business during work hours and required city legal counsel to attend mediation for her personal legal matters.
Nicholson also claims Fell directed city staff to falsify Urban Renewal Authority minutes. She also says Fell falsified immigration paperwork, which is a federal offense.
In addition, the complaint says Fell lied to City Council repeatedly regarding the status of projects, problems and ongoing developments for personal gain. It says she also falsely claimed credit for projects and accomplishments that didn’t involve her or were completed by other staff members.
She also says Fell obstructed economic development.
“Fell actively prohibited city staff from advancing economic development projects at specific Clarksburg properties, hindering the city’s economic growth,” the complaint states. “Fell hindered a fully funded, unencumbered opportunity for a nonprofit YMCA project due to her personal beliefs, depriving the city and community of benefits. …
“Fell attempted to sway development decisions based on her personal financial benefit rather than the city’s best interests. … Fell authorized or executed expenditures exceeding the thresholds requiring City Council approval, in violation of city charter, ordinances and financial policies.”
Nicholson says Fell also leveraged her position to request personal favors from United Hospital Center and Dr. David Foster regarding her child’s schooling and immigration matters.
She says Fell also created a hostile environment, discriminated against her and retaliated against her.
“Fell made derogatory, inappropriate and discriminatory comments about my medications, hair color, work attire and mental health diagnosis,” Nicholson wrote. “After I confronted Ms. Fell about her illegal and unethical behavior, she engaged in unlawful retaliation and professional interference.”
In the complaint, Nicholson requests City Council place Fell on immediate administrative leave pending an investigation, retain an independent external investigator, secure and preserve all evidence, refer appropriate matters to the proper state and federal officials, review and strengthen necessary policies, protect Fell’s victims as well as seek recovery of city funds, used staff time, unauthorized overtime payments, city attorney fees and other losses.
Nicholson says the misconduct and retaliation she has experienced under Fell has caused significant damage to her health, family life and professional career.
“Despite these impacts and ongoing fear of retaliation, I am coming forward because the public has a right to know about corruption and misuse of public funds, other employees should not continue to be exploited, I cannot continue to be complicit in illegal activity (and) remaining silent has become untenable for my own integrity and health,” Nicholson wrote. “I am filing this complaint at significant personal risk because the misconduct must be addressed.”
Earlier this year, Fell interviewed for the city manager position in Wichita Falls, Texas. She was a finalist for the job, but she said days later her “commitment remains with the City of Clarksburg.”
