Aug. 9, 2009
Manchin Encourages Parties in Home Rule Suit to Work it Out
Insurance Commissioner Brings Alternative to Meeting
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- West Virginia Gov. Joe Manchin attended a meeting with parties involved in the law suit challenging the constitutionality of the pilot home rule program, City Attorney Scott McClure and Deputy Mayor Tom Bell told City Council Friday, August 7.
“it was a surprise to us that the governor decided to attend,” stated Bell. “The governor made it clear [that] home rule was not to be tampered with. He feels city’s need autonomy through home rule.” Thus, the pilot programs are intended to demonstrate to the legislature that the program would beneficially operate statewide.
Since the lobbyist Insurance Federation challenged both the procedure of Huntington debris removal ordinance and the constitutionality of the program, the state’s chief executive let them know that he supports state wide home rule. Manchin indicated that the challenge related to Huntington’s project jeopardizes all the state pilot programs. The governor apparently would exercise state power through the attorney general’s office to petition the West Virginia Supreme Court on, perhaps, a certified question, to rule promptly on the constitutionality issue. Although the governor did not state this, the same method was used to fast track a court decision on the economic development grants awarded by the legislature, one of which helped complete Pullman Square and another Charleston’s Power Park.
However, the immediate move to the Supreme Court may now be unnecessary. The governor had representatives of the State Insurance Commission bring an alternative to the Huntington ordinance on debris removal. This one is patterned after a New England state.
At- large councilman and former legislative delegate Steve Williams queried, “the governor had his appointee present [a compromise] they had worked out?” Williams surmised that Manchin’s pulling the Insurance Commissioner into the conference at his request and presenting a possible resolution indicated “a strong ally in the fight.”
Although the attorneys have not scrutinized the Insurance Commission proposal, Bell told council “they will grant the city the right to put a lien on insurance proceeds” apparently though an administrative rule, not requiring approval by the full legislature.
McClure told council the “amicable solution” might require repeal of the recently passed debris removal ordinance. “The insurance commissioner provided another possible debris removal ordinance,” McClure said.
Legal counsel for all parties will hold another meeting in the near future.
Share This Story:
Make HNN Your Homepage (IE Users Only)
Manchin Encourages Parties in Home Rule Suit to Work it Out
Insurance Commissioner Brings Alternative to Meeting
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- West Virginia Gov. Joe Manchin attended a meeting with parties involved in the law suit challenging the constitutionality of the pilot home rule program, City Attorney Scott McClure and Deputy Mayor Tom Bell told City Council Friday, August 7.
“it was a surprise to us that the governor decided to attend,” stated Bell. “The governor made it clear [that] home rule was not to be tampered with. He feels city’s need autonomy through home rule.” Thus, the pilot programs are intended to demonstrate to the legislature that the program would beneficially operate statewide.
Since the lobbyist Insurance Federation challenged both the procedure of Huntington debris removal ordinance and the constitutionality of the program, the state’s chief executive let them know that he supports state wide home rule. Manchin indicated that the challenge related to Huntington’s project jeopardizes all the state pilot programs. The governor apparently would exercise state power through the attorney general’s office to petition the West Virginia Supreme Court on, perhaps, a certified question, to rule promptly on the constitutionality issue. Although the governor did not state this, the same method was used to fast track a court decision on the economic development grants awarded by the legislature, one of which helped complete Pullman Square and another Charleston’s Power Park.
However, the immediate move to the Supreme Court may now be unnecessary. The governor had representatives of the State Insurance Commission bring an alternative to the Huntington ordinance on debris removal. This one is patterned after a New England state.
At- large councilman and former legislative delegate Steve Williams queried, “the governor had his appointee present [a compromise] they had worked out?” Williams surmised that Manchin’s pulling the Insurance Commissioner into the conference at his request and presenting a possible resolution indicated “a strong ally in the fight.”
Although the attorneys have not scrutinized the Insurance Commission proposal, Bell told council “they will grant the city the right to put a lien on insurance proceeds” apparently though an administrative rule, not requiring approval by the full legislature.
McClure told council the “amicable solution” might require repeal of the recently passed debris removal ordinance. “The insurance commissioner provided another possible debris removal ordinance,” McClure said.
Legal counsel for all parties will hold another meeting in the near future.
Share This Story:
Make HNN Your Homepage (IE Users Only)
