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.