HOUSE RESOLUTION NO. 16

(By Delegates Cowles, Duke, Ellington, Gearheart,

           Householder, Ireland, J. Miller, O’Neal,

           Overington, Savilla, Sigler and Snuffer)

Requesting an investigation by the State Auditor, the Legislative Auditor and the Commission on Special Investigations into the activities of officers of the Senate in connection with the performance of their constitutional duties arising out of the vacancy in the office of Governor.

    Whereas, On November 15, 2010, a vacancy in the office of Governor occurred as a result of the resignation of former Governor Joe Manchin, III, to assume the office of United States Senate; and

    Whereas, Article VII, Section 16 of the West Virginia Constitution provides that the President of the Senate shall act as Governor during such vacancy; and

    Whereas, The West Virginia Supreme Court of Appeals has recently ruled that a person shall act as Governor for only such time as is reasonably necessary to elect a new Governor, which period shall not exceed one year; and

    Whereas, During such period as the President of the Senate acts as Governor, he does not cease being President of the Senate, but retains that constitutional office; and

    Whereas, In compliance with the recent ruling of the West Virginia Supreme Court of Appeals, the President of the Senate issued a proclamation on January 21, 2011, scheduling a new statewide election to be conducted on October 4, 2011, for the purpose of electing a person to fill the vacancy in the office of Governor for the remainder of the unexpired term; and

    Whereas, Since the vacancy in the office of Governor began, the President of the Senate has moved himself and his family into the Governor’s Mansion, occupied the offices in the Capitol reserved for the Governor, collected the salary appropriated for the Governor which is substantially in excess of the salary appropriated for the President of the Senate, identified himself publicly as the Governor of West Virginia in official communications and on taxpayer paid stationary, Christmas cards, and other publications, and has failed to perform many of the duties that are assigned to the President of the Senate; and

    Whereas, The failure of the President of the Senate to appear regularly in the Senate or to attend to all of the statutory duties assigned to that office caused confusion and concern in the Senate that ultimately led to an amendment of the Senate Rules that provided for the election of an “acting President”; and

    Whereas, The use of both an “acting President” and a President Pro Tempore has also created confusion in the respective duties and powers of the Senate officers, but has burdened the taxpayers with the additional expense of a greater salary for the person acting as “acting President”; and

    Whereas, The lack of clarity in the leadership in the Senate has also caused concern regarding the validity of legislation passed by the Senate and in the joint relations between the House of Delegates and the Senate; and

    Whereas, Collecting the larger salary appropriated for the Governor could result in the President of the Senate receiving a substantially larger retirement benefit than he would have if he had received only the salary appropriated for the office of President of the Senate; therefore, be it

    Resolved by the House of Delegates of West Virginia:

    That the State Auditor, the Legislative Auditor and the Commission on Special Investigations cooperate in conducting an investigation into the activities of officers of the Senate in connection with the performance of their constitutional duties arising out of the vacancy in the office of Governor and report to both Houses of the Legislature regarding the propriety of those activities, the total cost to the taxpayers of West Virginia and what, if any, adverse consequences may arise from those activities in the future; and, be it

    Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the Senate, the State Auditor, the Legislative Auditor and the Commission on Special Investigations.