HOUSE CONCURRENT RESOLUTION NO. 141

(By Delegates Trecost and Ihle)

[Originating in the Committee on Political Subdivisions]

[March 11, 2015]

Requesting that the Joint Committee on Government and Finance study the appropriate process for removing county, school district and municipal officers with fixed terms of office by voter petition, the circumstances, if any, when county, school district and municipal officers with fixed terms of office should be removed for failure to attend meetings and whether counties, school districts and municipalities should be authorized to establish local standards for removing their officers for lack of attendance.

            Whereas, The Code of West Virginia, 1931, as amended, authorizes voters to file petitions to remove from office county, school district and municipal officers with fixed terms of office; and

            Whereas, A bill was introduced during the Legislature’s regular session, 2015, to clarify the petition process and increase the number of signatures necessary to file such petitions; and

            Whereas, The petition process is a vital means of holding county, school district and municipal officers accountable for their conduct in office; and

            Whereas, The petition process may also be used to harass and intimidate county, school district and municipal officers who are faithfully discharging their offices; and

            Whereas, The Legislature believes that the public is best served when these considerations are carefully weighed and balanced; and

            Whereas, The Legislature believes that appropriate local attendance standards should be set for county, school district and municipal officers; and

            Whereas, The Legislature recognizes that counties, school districts and municipalities schedule different numbers of meetings to conduct their business; and

            Whereas, The Legislature recognizes that counties, school districts and municipalities may be best equipped to establish appropriate attendance standards for their officers; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the appropriate process for removing county, school district and municipal officers with fixed terms of office by voter petition, the circumstances, if any, when county, school district and municipal officers with fixed terms of office should be removed for failure to attend meetings and whether counties, school districts and municipalities should be authorized to establish local standards for removing their officers for lack of attendance; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2016, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.