Committee to Reform v. Thompson
| Decision Date | 11 December 2008 |
| Docket Number | No. 33851.,33851. |
| Citation | 674 S.E.2d 207 |
| Parties | THE COMMITTEE TO REFORM HAMPSHIRE COUNTY GOVERNMENT, Michael Hasty, Vera Anderson, Robert Shilling, Frank Wittacre, Kay Davis, Robert Walker, Shirley Carnahan, and Marvin Hott Plaintiffs Below, Appellees, v. THE HONORABLE RICHARD THOMPSON, Speaker of the West Virginia House of Delegates, and The Honorable Earl Ray Tomblin, President of the West Virginia Senate Defendants Below, Appellants. |
| Court | West Virginia Supreme Court |
Syllabus by the Court
1. "Questions of constitutional construction are in the main governed by the same general rules applied in statutory construction." Syllabus point 1, Winkler v. State School Building Authority, 189 W.Va. 748, 434 S.E.2d 420 (1993).
2. Syllabus point 1, State ex rel. City of Princeton v. Buckner, 180 W.Va. 457, 377 S.E.2d 139 (1988).
3. "Courts are not concerned with the wisdom or expediencies of constitutional provisions, and the duty of the judiciary is merely to carry out the provisions of the plain language stated in the constitution." Syllabus point 3, State ex rel. Casey v. Pauley, 158 W.Va. 298, 210 S.E.2d 649 (1975).
4. "Article 9, section 13 of the state constitution, providing for the reformation, alteration or modification of the county commission, clearly anticipates that when the Legislature responds by the enactment process to a communication of a county commission to the effect that ten percent of the voters of the county have requested by petition an alternative form of county government, it has an obligation to see that the act upon which the people of the county will vote embodies the substance, spirit and intent of the petition." Syllabus, Taylor County Commission v. Spencer, 169 W.Va. 37, 285 S.E.2d 656 (1981).
5. Article IX, Section 13 of the Constitution of West Virginia does not require the Legislature to enact legislation enabling the reformation of county government upon receipt of a petition for reformation. Receipt of a request from a county commission to act upon a petition signed by ten percent of that county's voters to reform the county's government simply triggers the legislative process. The Legislature retains its discretion to approve or reject a bill authorizing a county-wide election on the requested reformation.
6. If a petition for reformation of county government is presented to the Legislature pursuant to Article IX, Section 13 of the Constitution of West Virginia and the legislative process does not result in the enactment of enabling legislation prior to the end of the legislative session, then, in order for a subsequent Legislature, during its two year term, to address the issue, a new petition must be submitted.
Rita Pauley, Ray Ratliff, West Virginia State Senate, Joe Altizer, West Virginia House of Delegates, Charleston, for Appellants.
Robert M. Bastress, Morgantown, for Appellees.
The instant matter requires this Court to determine the scope of the Legislature's constitutional duty to act upon a petition to reform the county government of Hampshire County, West Virginia, which was presented to the Legislature in May 2003, pursuant to the provisions of Article IX, Section 13, of the Constitution of West Virginia. In a declaratory judgment action seeking an order directing the West Virginia Legislature to pass legislation enabling an election on a proposed reform of the government of Hampshire County, the Circuit Court of Kanawha County, West Virginia declared in an April 4, 2007, order that: (1) the Legislature has "a constitutional duty to process enabling legislation permitting Hampshire County voters to vote on the proposed reform of the government of Hampshire County;" and (2) that "[t]he proposed reform of the government of Hampshire County, including the creation of a tribunal of members elected from and by each of the County's election districts, would be constitutionally valid if and when it is approved by the voters of Hampshire County." For the reasons set forth herein, we reverse the circuit court's determination.
In 2003, Appellees, the Committee to Reform Hampshire County Government, Michael Hasty, Vera Anderson, Robert Shilling, Frank Whitacre, Kay Davis, Robert Walker, Shirley Carnahan and Marvin Hott (hereinafter collectively "Appellees")2 circulated a Petition seeking to reform the form of county government in Hampshire County, West Virginia pursuant to the provisions of Article IX, Section 13 of the Constitution of West Virginia (hereinafter "Petition").3 The Petition provided, in its entirety:
Petition for a Hampshire County Tribunal
We, the undersigned voters of Hampshire County, West Virginia, petition the West Virginia Legislature to cause to happen the creation of a Tribunal to replace the current Hampshire County Commission.
The Tribunal shall be made up of one member from each Hampshire County voting district; only the registered voters in their respective district elect their member.
The term of each member shall be for a period of six years. Members' terms shall be staggered. Initially, the members first elected shall be required to draw lots to determine which two members shall serve 2-year terms, which three shall serve 4-year terms, which three shall serve 6-year terms.
Each member shall be compensated $250.00 per Tribunal meeting attended and be reimbursed for expenses incurred while performing official duties as sanctioned by the Tribunal. No other benefits shall be awarded members.
The Tribunal, when elected and seated, shall replace the present Hampshire County Commission, whose terms of office shall expire immediately.
Following a national search, a county administrator shall be hired by the Tribunal to carry out the day-to-day business of the county as prescribed by the Tribunal. Said county administrator shall be an employee of and answerable to the Tribunal.
Upon obtaining signatures from ten percent (10%) of the registered voters in Hampshire County, Appellees presented the Petition to the Hampshire County Commission on March 21, 2003. By letter dated May 20, 2003, the Hampshire County Commission then requested the Legislature, pursuant to Article IX, Section 13, to enact enabling legislation permitting the citizens of Hampshire County to vote on the proposal and, if approved by the majority of voters, to implement the change.
During the 2004 legislative session, the next regular legislative session after the County Commission's request, the Senate passed an enabling bill, Senate Bill 727, allowing the matters contained in the Petition to be placed before the citizens of Hampshire County for a vote during the 2004 primary election. If approved by the majority of Hampshire County voters during that election, Senate Bill 727 provided that the requested Tribunal set forth in the Petition would replace the Hampshire County Commission on January 1, 2005, as the governing body of Hampshire County, West Virginia. Section 2 of Senate Bill 727 authorized the matters contained in the Petition and provided that, if reformation was approved by the voters during the 2004 primary election, the Tribunal members were to be elected during the 2004 general election. Finally, Senate Bill 727 contained a provision expressing serious reservation regarding the constitutionality of the form of government requested in the Petition, but noting that this Court's decision in Taylor County Commission v. Spencer, 169 W.Va. 37, 285 S.E.2d 656 (1981), precluded the Legislature from modifying the Petition's substance. Accordingly, Senate Bill 727 also contained a provision directing the Attorney General to institute a declaratory judgment action regarding the constitutionality of the Tribunal set forth in the Petition. However, neither Senate Bill 727 nor a similar bill introduced in the House of Delegates, House Bill 4396, passed the House of Delegates during the 2004 Regular Session of the West Virginia Legislature. Subsequent bills to enact the requested enabling legislation likewise failed during the 2005 and 2006 regular legislative sessions.
On August 23, 2005, Appellees filed a complaint for declaratory relief in the Circuit Court of Kanawha County seeking a declaration "that the defendants must process enabling legislation permitting Hampshire County voters to vote on the proposed reform of the government of Hampshire County" and a declaration "that the proposed reform of the government of Hampshire County, including the creation of a tribunal of members elected from and by each of the County's election districts, would be constitutionally valid[.]" The defendants below and Appellants herein, the Honorable Richard Thompson4, Speaker of the West Virginia House of Delegates, and the Honorable Earl Ray Tomblin, President of the West Virginia Senate, (hereinafter collectively "Appellants") responded by arguing that the circuit court lacked constitutional authority to order the Legislature to enact specific legislation and that the circuit court should hold "that the Legislature may enact, not enact or modify a petition received from a county commission which on its face proposes an unconstitutional form or election of a county commission or tribunal[.]" On cross-motions for judgment on the pleadings, the Appellants further argued that Article IX, Section 13 does not impose a mandatory duty upon the Legislature to automatically enact a bill to reform a county commission, that all members of the Legislature have the inherent right and duty to exercise judgment on all proposals before the Legislature, that...
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