It is truly an honor to return to Charleston for another session to represent the wonderful people of the 2nd District. Prior to delving into the many issues that I will tackle in my time here over the next couple of months, I feel I would be remiss if I did not explain the chain of events that led to organization of the West Virginia Senate, and that ultimately led to me presiding over the Senate as your Acting President.
In order to fully understand what has happened, we must go back to the passing of West Virginia’s beloved U.S. Senator Robert C. Byrd last summer. While his passing leaves an irreplaceable void in our state, as a proud and determined people, we had no choice but to move forward and lead this state in the manner in which our beloved Senator would have wanted.
His passing led to a vacancy in the United States Senate. Former Governor Joe Manchin sought and won, the U.S. Senate seat and left his role as Governor of West Virginia in November. Under Article 7, Section 16 of the West Virginia Constitution, when a vacancy is left in the office of Governor, the President of the Senate shall act as governor until the vacancy is filled. With this, our Senate President Earl Ray Tomblin began to act as Governor.
Through the shuffling of power from one office to another, this left West Virginia with an acting Governor who also presided over the West Virginia State Senate as Senate President. A number of individuals, including some members of the Senate, saw that one individual representing two branches of government created a separation of powers issue.
Senate President Tomblin stated that he would not preside over the Senate while he performed the duties of Governor. This, I believe, was in an earnest effort to allow for obvious separation of powers so that he did not wield influence in both the legislative branch and the executive branch of our state’s government.
Consequently, many believed the Senate should appoint someone else to preside over the Senate. In order to select an Acting Senate President, the Senate would have to make a rule change on the first day of session. After much passionate and productive debate, we did that and it is with the highest honor that I have accepted the role of Acting Senate President for the 80th Legislature of West Virginia.
Understand that these are trying, historic and often confusing times in our state government. Good, well-intentioned people can disagree on what the course of action should be going forward. While many have chosen to represent the shifting of power in the Senate as that of a “power grab” that notion could not be further from the truth.
Since being nominated to the Senate in 1997 and first elected in 1998, my one and only goal has been to move the state forward, doing the state’s business to the very best of my ability while always striving to represent the interests of the wonderful people in my district.
During my swearing in as Acting Senate President on January 12, I placed my hand on a Bible published in1863, the year of our state’s birth. It was donated to the Senate in 2008. The history of that Bible and the moment overwhelmed me as I pledge to do the job to the very best of my ability.
However, it also occurred to me that as big a moment as that was, it was really no different than the fist time I stepped into the chamber as the most junior Senator in 1997. Regardless of the titles, chairmanships, roles and responsibilities I have taken on over the years, my drive and passion for the job has never and will never waiver. Just as it was my goal then to represent the people of my district and advocate positive change for West Virginia, it remains my highest priority today. It will remain so for as long as I am entrusted to be the Senator from Marshall County.
We must not and will not let issues of power and titles distract us from doing the state’s business. We have an opportunity to move West Virginia forward and we will. While I may be the Acting President, my tenure here won't be governed by a title I hold, it will be by the acts of the Legislature that we adopt and pass.
As Otto Von Bismarck, a famous 19th century German statesman once said “A government must not waiver once it has chosen it's course. It must not look to the left or right but go forward.”
I look forward to an exciting and productive session. West Virginia has limitless potential and we must all come together and move forward to allow our state to reach new heights.
If you would like to follow the daily action of the Legislature, visit the 80th Legislature on the web at http://www.legis.state.wv.us/.
I hear your voice and I encourage all of you, regardless of party or affiliation, to contact me with any concerns you have regarding issues facing our district or our state. You can write to me at: Jeffrey V. Kessler, State Senate, Room 227M, Building 1 State Capitol Complex Charleston, WV 25305.