State ex rel. Goodwin v. Rogers, 13330
| Decision Date | 29 July 1975 |
| Docket Number | No. 13330,13330 |
| Citation | 158 W.Va. 1041,217 S.E.2d 65 |
| Parties | STATE ex rel. James R. GOODWIN, etc. v. J. Robert ROGERS, Commissioner, et al. |
| Court | West Virginia Supreme Court |
Syllabus by the Court
1. 'Where the duties newly imposed on a public official by the legislature are not mere incidents of the office which he holds, but embrace a new field, and are beyond the scope and range of the office as it theretofore had existed and functioned, a concurrent legislative increase of salary of such official is not violative of West Virginia Constitution, article 6, section 38, which inhibits the increasing of a public official's salary within his term of office.' Syllabus, Springer v. Board of Education, 117 W.Va. 413, 185 S.E. 692 (1936).
2. While a court is not compelled to accept legislative statements of intent and findings of fact when the statements contained therein are not warranted in law, such statements are entitled to great weight a support of the presumption that the Legislature does not intend to offend the requirements or inhibitions of the West Virginia Constitution.
3. 'Mandamus lies to require the discharge by a public officer of a nondiscretionary duty.' Syllabus point 3., State ex rel. Greenbrier County Airport Authority v. Hanna, 151 W.Va. 479, 153 S.E.2d 284 (1967).
Leo Catsonis, Charleston, for relators.
J. Robert Rogers, Mat D. Bouldin, Pros. Atty., Madison, for respondents.
This is an original application by Relator, James R. Goodwin, individually, and as President of and Commissioner of the County Commission of Boone County, West Virginia, for a writ of mandamus to compel J. Robert Rogers and E. E. Lewis, the two other Commissioners of the County Commission of Boone County, O. H. Carson, Jr., Clerk of the County Court of Boone County, and John Protan, Sheriff of Boone County, to issue the Relator monthly salary checks in the gross amount of $300.00 as compensation for services as Commissioner of the Boone County Commission for the month of January 1973 and each month thereafter as required by W.Va.Code 1931, 7--1--5a, as amended.
Based upon a refusal of the Respondents to issue the salary check as demanded by the Relator, and based upon the petition filed in this Court, a rule was issued requiring the Respondents to show cause why they should not be required to comply with the plain provisions of the statute. This proceeding was submitted for decision upon the Relator's petition, the demurrer of the Respondents, and the briefs and oral arguments made in behalf of the respective parties.
The question presented for decision is whether certain provisions of Chapter 21, Acts of the Legislature, Regular Session 1972, 1 authorizing increased compensation to Relator and other elected county officials, violates West Virginia Constitution, Article VI, Section 38.
James R. Goodwin was duly elected in November 1970 as a Commissioner of the County Court of Boone County, West Virginia, which is now known as the County Commission of Boone County, West Virginia. His six-year term of office commenced January 1, 1971. Prior to and at the time of taking office, the annual salary for service as a Commissioner of the Boone County Commission was established by statute in the amount of $2,400.00. 2 For the period of time commencing January 1, 1971, and ending December 31, 1972, the Relator was compensated at the rate of $2,400.00 annually and was paid in gross monthly salary checks of $200.00.
Effective March 11, 1972, the Legislature enacted Chapter 21, Acts of the Legislature, Regular Session 1972 which, among other things, created and established county commissions on intergovernmental relations and county commissions on crime, delinquency and correction. See W.Va.Code 1931, 7--1--3q and 3r, as amended. In that legislation, the prospective intergovernmental relations commissioners were charged as follows:
'This commission shall assemble and disseminate information concerning federal programs which provide financial assistance to the residents of their county. Such programs shall include but not be limited to,
1. Public Health Service Act, as amended. Public Law 89--97.
2. Housing and Urban Development Act of 1968, as amended.
3. Health insurance for the aged under Public Law 89--97, as amended.
4. Supplementary medical insurance for the aged under Public Law 89--97, as amended.
5. Housing and Urban Development Act of 1968, as amended, as it pertains to interest reduction payments and rental and cooperative housing for lower income families.
6. Housing Act of 1964, as amended, by Public Law 85--560, relating to rehabilitation loans.
7. The Emergency Employment Assistance Act of 1971.
8. Job opportunity programs and on the job training under various federal acts.
9. Neighborhood improvement and development programs under various federal acts.
10. Library and other public facility improvement programs under various federal programs.
The commission shall cooperate with municipalities, other county agencies, state and federal agencies to effect the purposes of this section.' (7--1--3q, as amended).
The intergovernmental relations commission was to be composed of the members of the county court and such other members appointed by them. The clerk of the county court was designated by statute as executive secretary of the commission and required as such, to attend all meetings of the commission, keep a record of the proceedings, assemble and disseminate information required by the commission and perform such other duties as required by the commission to effectuate the purposes of the legislation.
The 1972 Act also created and established county commissions on crime, delinquency and correction and required that the commissions '. . . collect and compile all data and other information with respect to police agencies, courts of record and justice of peace courts, prosecution of crimes, probation, jails, juvenile detention facilities, and such other matters as might be concerned with the total criminal justice system.' Further, the commissions were charged to '. . . work closely with the governor's committee on crime, delinquency and correction . . .; analyze the data and information herein required, . . . determine federal funds available under the provisions of the state plan developed by the . . . governor's committee . . ., and . . . make recommendations to the governing body with respect to priorities in the expenditure of funds.' (7--1--3r, as amended).
The crime, delinquency and correction commission was to be composed of the members of the county courts and such others appointed by them. The clerk of the circuit court was designated by statute as the executive secretary of the commission and required, as such, to attend all meetings, keep a record of the proceedings, collect and compile such data and information as may be required by the commission and perform such other duties required by the commission to effectuate the purposes of the legislation.
By reason of the new and additional duties placed upon county commissioners, county clerks and circuit clerks by W.Va.Code 1931, 7--1--3q and 3r, as amended, Supra, the Legislature further provided in the 1972 Act authorization for the payment of additional compensation beginning January 1, 1973 to all such county officials so affected.
As respects county commissioners, the Legislature repealed the former provisions for compensation found in W.Va.Code 1931, 7--1--5(1)--(54), as amended, and adopted in substitution thereof W.Va.Code 1931, 7--1--5a, as amended, providing as follows:
'In addition to the payment for services in court as described in section four of this article, all county commissioners shall be paid compensation out of the county treasury in amounts hereafter set forth for each class of county as determined by the provisions of section three, article seven, chapter seven: Provided, That as to any county having a tribunal in lieu of a county court, the county commissioners of such county may be paid less than the minimum compensation limits of the county court for the particular class of such county.
Class I $12,600
Class II $9,000
Class III $7,500
Class IV $5,400
Class V $3,600
Class VI $2,100
Class VII $900
The compensation hereinabove provided shall be paid on and after January one, one thousand nine hundred seventy-three.'
The seven salary classifications provided for in W.Va.Code 1931, 7--1--5a, as amended, were derived from a statutory formula established and set forth in W.Va.Code 1931, 7--7--3, as amended, which classified counties into seven categories based upon minimum and maximum assessed valuation of property, all classes, located within the county. That statute provides as follows:
'For the purpose of determining the compensation of elected county officials, the counties of the state of West Virginia are hereby grouped into seven classes based on their assessed valuation of property, all classes. These seven classes and the minimum and maximum valuation of property, all classes, established to determine the classification of each county are as follows:
Minimum Assessed Maximum Assessed
Valuation of Property Valuation of Property
Class All Classes All Classes
Class I $600,000,000 No Limit
Class II $450,000,000 $599,999,999
Class III $200,000,000 $449,999,999
Class IV $100,000,000 $199,999,999
Class V $50,000,000 $99,999,999
Class VI $15,000,000 $49,000,000
Class VII 0 $14,999,999
The assessed valuation of property, all classes, that shall be used as the base to determine the class of a county shall be the assessed valuation of property, all classes, of the county as certified by the county assessor, state auditor and county...
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