Logan Mayor Serafino Nolletti has been on the city's group insurance coverage as a city employee for several months.

But, Nolletti is not a city employee, he is, instead, an elected officer of the city, and, according to the legal opinion of former city attorney Ed Eiland, is not eligible to have his insurance premiums paid for with city taxpayers' dollars.

Nolletti first said his listing as city clerk on the county employees list sent to the city's insurance carrier was a clerical error.

Now, the mayor says that his listing on the list and the city paying for his monthly insurance premium is perfectly legal, despite a differing opinion from the city's former attorney.

On a November 2007 employees list sent from Logan City Hall to McCallister and Herman Insurance, the city's insurance carrier, Nolletti is listed as "clerk." There are no other elected city officials on the list, just city employees.

On the premium statement for December of 2007, Nolletti is shown as being on the city's insurance along with fire fighters, police officers, street department employees and water board workers, among others. The city is paying $362.72 per month for Nolletti's insurance premium.

But, a letter to the then-Logan Mayor Harry Ruloff and the Logan City Council from former City Attorney Ed Eiland dated June 12, 2003, concerning the request by former Councilmember Sharon Hopkins, Eiland says it is his opinion that elected officers are not city employees.

"During one of the recent council meetings I was asked to advise whether council members can be covered by the city's group health insurance. I don't think so," Eiland wrote in the 2003 letter to council.

Eiland then goes on to quote Chapter 8, Article 12, Section 12 of the West Virginia Code, which reads:

"Every municipality shall have plenary power and authority to negotiate for, secure and adopt for the regular employees thereof (other than provisional, temporary, emergency and intermittent employees) who are in employee status with such municipality on and after the effective date of this section and for their spouses and dependents, a policy or policies of group insurance written by a carrier or carriers chartered under the laws of any state and duly licensed to do business in this state and covering life; health; hospital care; surgical or medical diagnosis, care and treatment; drugs and medicines; remedial care; other medical supplies and services; or any combination of these; and any other policy or policies of group insurance which in the discretion of the governing body bear a reasonable relationship to the foregoing coverages..."

Eiland goes on to say "In my opinion, city council members are not employees of the city; they are officers of the city. City council members are not hired. They are elected.

"The above-quoted statute authorizes municipalities to provide group health insurance for regular employees, and specifically excludes provisional, temporary, emergency and intermittent employees from coverage.

"I think that it is not good policy for a council member to also be a city employee because he or she, as a council member, must approve the employment and the pay. That situation presents a conflict of interest. Therefore, I don't believe that the city can provide group health insurance for council members."

On the city employees list, Amber Gore is listed as clerk, as is Stephanie Avis and three others. Then, at the main bottom of the employees list, it reads "Serafino Nolleti ... clerk"

Nolletti said in an interview last week that his being named "clerk" on the city employees list was most likely due to him spending so much time in city hall.

"I'm not the clerk," Nolletti said. "I don't know how it got on there. I don't have a clue. I'm the mayor."

Nolletti said he has been told that it is legal for the city to pay his insurance premiums each month.

"I've checked into it and it's perfectly legal for the mayor to be on the city insurance," Nolletti said. "I'm an employee. I'm a paid employee. I've got a salary. I've been told it's fine."

Nolletti said the council members are not on the city's insurance because "it's just the mayor" who is allowed to receive group insurance coverage through the city.

"According to what I was told, the mayor (being on the insurance) is legal," Nolletti said. "I'm the only one on it."

Former Councilmember Hopkins said this morning that it is definitely illegal for Nolletti to be on the city's group insurance coverage.

"He can't be on the city insurance," Hopkins said. "You have to be on the city's payroll as an employee. We've already been through this.

"We asked about that and it was one of the issues that came up. Kevin Marcum didn't have insurance and (former Mayor) Claude (Ellis) wanted him to have insurance, so we filled out an application. Mr. Eiland, when it was brought before him, said 'This is illegal.' I said 'If this is illegal, then we don't need to be doing it.'"

Hopkins said it makes her angry that Nolletti is wasting the city taxpayers' money by letting the city pay for his insurance.

"I said this is a damn shame how they waste the city taxpayers' money," Hopkins said.

According to reports, the city of Logan is in a deficit of nearly $23,000. The city is currently undergoing a routine state audit.

When recently asked for a city employees list, Gore faxed an updated list to The Logan Banner without Nolletti's name listed as a city employee.