Senate Bill No. 214
(By Senators Wooton, Caldwell, Hunter, Kessler, Minard, Mitchell,
Oliverio, Redd, Ross, Snyder and Deem)
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[Originating in the Committee on the Judiciary;
reported February 22, 2001.]
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A BILL to amend article seven, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section four-a,
relating to authorizing county commissions to require part-
time prosecuting attorneys to serve full time.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four-a,
to read as follows:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY ASSISTANTS, DEPUTIES AND EMPLOYEES, THEIR NUMBER AND COMPENSATION.
§7-7-4a. Authorizing the option of full-time status for part-time
prosecuting attorneys.
Notwithstanding any provision of this code to the contrary, in
any county which has a part-time prosecuting attorney the county
commission may, on the request of the prosecuting attorney, find
that such facts and circumstances exist that require the
prosecuting attorney to devote full time to his or her public
duties. If the county commission makes such a finding, by proper
order adopted and entered, it shall require the prosecuting
attorney to devote full time to his or her public duties and the
county commission shall then compensate the prosecuting attorney at
the same rate of compensation established for a prosecuting
attorney in a Class V county: Provided, That nothing contained
herein may be interpreted to affect the status of a prosecuting
attorney who has heretofore, by proper order so entered, become
full time.
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(NOTE: This bill permits county commissions where prosecuting
attorneys are part-time, upon the request of the prosecuting
attorney, to require the prosecuting attorney to dedicate full time
to his or her public duties and pay the prosecuting attorney
accordingly.
This section is new; therefore, underlining and strike-throughs have been omitted.)