Aug. 20, 2010
McCalister Has Two Plans for Fighting Huntington Taxation Policy
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Tom Mccalister tweaked his proposed voter petition after city attorney Scott McClure told HNN Thursday evening, August 19, that the City Charter bars an initiative or referendum on a budget or tax issue. (See 12.1, 12.2)
Mccalister indicated that the initiative/referendum related to the home rule authority qualifies under Article 3.3 of the West Virginia Constitution. “What we are trying to do is right the administration…which went outside the general laws and the WV Constitution. The only way to do it is by a public vote,” McCalister said.
The provision cited by Mccalister states: “Government is instituted for the common benefit, protection and security of the people, nation or community. Of all its various forms that is the best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter or abolish it in such manner as shall be judged most conducive to the public will.”
COMMISSION CHALLENGE?
In addition, McCalister appeared Thursday morning at the Cabell County Commission meeting asking that the Commission challenge the city’s home rule authority. He has asked that attorney Bill Watson file a constitutional challenge for the commission on behalf of the citizens.
“I told of the prohibition in the W.Va. Constitution that the legislature should not make a special law,” he explained. “I’m trying to get them to take it to the W.Va. Supreme Court of Appeals which has original jurisdiction.”
According to Mccalister, the matter has been taken under advisement; however, he told HNN that two of the three commissioners support the challenge. Commissioner Scott Bias, one of those favoring the challenge, wants to wait until the state Home Rule committee makes its ruling, McCalister said.
“They should be taking a look at it now. If it’s unconstitutional before it goes to the committee, it’s still unconstitutional [after their ruling].”
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McCalister Has Two Plans for Fighting Huntington Taxation Policy
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Tom Mccalister tweaked his proposed voter petition after city attorney Scott McClure told HNN Thursday evening, August 19, that the City Charter bars an initiative or referendum on a budget or tax issue. (See 12.1, 12.2)
Mccalister indicated that the initiative/referendum related to the home rule authority qualifies under Article 3.3 of the West Virginia Constitution. “What we are trying to do is right the administration…which went outside the general laws and the WV Constitution. The only way to do it is by a public vote,” McCalister said.
The provision cited by Mccalister states: “Government is instituted for the common benefit, protection and security of the people, nation or community. Of all its various forms that is the best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter or abolish it in such manner as shall be judged most conducive to the public will.”
COMMISSION CHALLENGE?
In addition, McCalister appeared Thursday morning at the Cabell County Commission meeting asking that the Commission challenge the city’s home rule authority. He has asked that attorney Bill Watson file a constitutional challenge for the commission on behalf of the citizens.
“I told of the prohibition in the W.Va. Constitution that the legislature should not make a special law,” he explained. “I’m trying to get them to take it to the W.Va. Supreme Court of Appeals which has original jurisdiction.”
According to Mccalister, the matter has been taken under advisement; however, he told HNN that two of the three commissioners support the challenge. Commissioner Scott Bias, one of those favoring the challenge, wants to wait until the state Home Rule committee makes its ruling, McCalister said.
“They should be taking a look at it now. If it’s unconstitutional before it goes to the committee, it’s still unconstitutional [after their ruling].”
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Make HNN Your Homepage (IE Users Only)
