HOUSE CONCURRENT RESOLUTION NO. 49

(By Mr. Speaker, Mr. Kiss and Delegates Yeager, Kelley, Thomas, Ashley, Tillis, Damron, Tucker, Stemple, Flanigan, Louisos, Laird, Willison, Heck, Tomblin, Martin, C. White, Miller, Manuel, Trump, Facemyer, Johnson, Pulliam, Hubbard, Leach, Seacrist, Beane, Fantasia, Stalnaker, G. White, Jenkins, Underwood, Willis, Linch, Davis, Amores, Varner, Michael and Smirl)



Requesting the Joint Committee on Government and Finance to make a study of the interrelationship and responsibilities of county commissions and other elected officials and the disparities among various statutes, court decisions and general practices, regarding fiscal, police and employment matters.

Whereas, The responsibilities of county commissioners and other elected county officials are not only set forth in the State Constitution and in numerous statues and court opinions, but also have evolved through common law, historical precedents and general practice; and
Whereas, As county governments struggle to satisfy an increasing demand for basic public services, the interrelationship and jurisdiction of county commissions and other elected county officials have become a tangled maze of complexity, confusion, impracticality, inconsistency and duplicity as a result of these numerous statutes, court orders and legal practices; and
Whereas, The West Virginia Legislature recognizes the need to act to restore a balance of power to county government, to enhance harmonious cooperation among the various elected county officials, and to clearly enumerate police, fiscal, employment and other matters to achieve a more efficient and cost-effective delivery of services to the citizens of our counties; and
Whereas, Through a legislative assessment of the various statues, court decisions and practices the roles and interrelationship of the county commissioners and other elected county officials can be concisely examined and defined; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study, and make recommendations regarding the authority, power, jurisdiction and interrelationship of county commissioners and other elected officials in regard to fiscal, police and employment matters, and to make recommendations to resolve the disparities, differences and duplication among the various statutes, court decisions and general practices on this issue; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 1999, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct the study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.