Aug. 25, 2010
West Virginia Constitutional Attorney Questions “Make Up” of Home Rule Board
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Huntington City Council has passed the tax reform plan, but now comes the remaining procedural hurdles, including gaining a favorable vote from the state home rule board. The presentation will come around the end of September, leaving little time for a legal challenge to usurp the city’s new tax collection scheme.
However, Prof. Robert Bastress, a WVU law professor and expert on the WV Constitution, has expressed concerns regarding makeup of the legislatively created home rule board.
“The Home Rule Board includes legislators on it or persons appointed by legislators,” Bastress wrote. “If so, I think the Board’s make-up would be of questionable constitutionality. What effect that would have on municipal enactments made pursuant to the Home Rule Pilot program is uncertain.”
He added, that the Pilot Program “authorized expanded taxation powers for selected cities.”
Bastress challenged Elliott “Spike” Maynard in the 2008 WV Democratic primary for a seat on the high court.
Pledging to restore integrity to the state’s sole appeals bench, Bastress in 2008 stated, “Public confidence in the courts is at a low ebb, and for good reasons.” Referring to the Massey Coal case and the Monaco vacation by Maynard, Bastress said, “I think it’s ridiculous that the state supreme court justices stand for election. We saw what happened in 2004 when Blankenship bought an election to the bench with Robert Benjamin.”
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West Virginia Constitutional Attorney Questions “Make Up” of Home Rule Board
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Huntington City Council has passed the tax reform plan, but now comes the remaining procedural hurdles, including gaining a favorable vote from the state home rule board. The presentation will come around the end of September, leaving little time for a legal challenge to usurp the city’s new tax collection scheme.
However, Prof. Robert Bastress, a WVU law professor and expert on the WV Constitution, has expressed concerns regarding makeup of the legislatively created home rule board.
“The Home Rule Board includes legislators on it or persons appointed by legislators,” Bastress wrote. “If so, I think the Board’s make-up would be of questionable constitutionality. What effect that would have on municipal enactments made pursuant to the Home Rule Pilot program is uncertain.”
He added, that the Pilot Program “authorized expanded taxation powers for selected cities.”
Bastress challenged Elliott “Spike” Maynard in the 2008 WV Democratic primary for a seat on the high court.
Pledging to restore integrity to the state’s sole appeals bench, Bastress in 2008 stated, “Public confidence in the courts is at a low ebb, and for good reasons.” Referring to the Massey Coal case and the Monaco vacation by Maynard, Bastress said, “I think it’s ridiculous that the state supreme court justices stand for election. We saw what happened in 2004 when Blankenship bought an election to the bench with Robert Benjamin.”
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