MORGANTOWN – Last week, House Political Subdivisions OK’d a bill that would allow county voters to overturn county ordinances. On Wednesday, the committee OK’d a companion bill to allow city voters to overturn city ordinances.
Supporters say these bills offer an extra measure of accountability for local officials. Opponents say they’re a backdoor means for voters to undo local anti-discrimination laws.
Last week’s bill was HB 2091. Wednesday’s was HB 2232 and operates in the same way. It allows a presentation of a petition “bearing the signatures, written in their own handwriting, of not less than 15 percent of the votes in the last general election,” to set up a special election to recall a city ordinance or code provision.
Committee amendments specify that the recall election must be held at the same time as a primary, general or regular municipal election.
Questioning revealed that a municipal bond ordinance could be recalled.
West Virginia Municipal League Deputy Executive Director Susan Economou affirmed delegates questions about problems that could pose. Some municipal bonds are insured and would be paid, but not all of them, And once a city starts defaulting on bonds, it becomes harder to buy insurance. It also affects the city’s bond rating and can ultimately affect the state’s bond rating.
Committee counsel affirmed that the bill could allow voters to reverse local laws protecting LQBTQ civil rights and minority rights.
Yvonne Lee, with the West Virginia NAACP, said the bill cold allow voters to overturn local CROWN Acts that prohibit discrimination based on hair style and texture. The measure arose because of a star Beckley high school football player who was barred from the playoffs because of his dreadlocks.
“We are not our hair; and how does our hair define how we work, produce, live in the community,” she said. Morgantown, Huntington, Martinsburg and Fairmont all have CROWN ordinances.
Delegate Guy Ward, R-Marion, who supported the overall bill because it keeps the government in the people’s hands, offered an unsuccessful amendment to exempt bond ordinances from recall. He said cities use bonds for such things as public safety buildings and could lead to defunding police and fire departments.
Delegate Marty Gearheart supported the overall bill saying it affords accountability, but opposed the amendment saying financial decisions should also be subject to public scrutiny.
Delegate John Williams, D-Monongalia, said the bill could hamstring local governments. He was concerned about low municipal election turnouts, which would then require just a handful of people to generate a petition. He offered a failed amendment to raise the threshold to 25%.
Williams and Delegate Evan Hansen, D-Monongalia, both expressed concern that the bill could be used to overturn fairness laws.
Williams said, “I’m concerned. I want municipalities to be able to handle their own business.”
Hansen said the bill’s clear intent is to reverse fairness laws. Morgantown is among the 15 cities that have such laws. “We’re proud to have that nondiscrimination ordinance in place.” They’re good for business and for West Virginia, to attract the best and brightest workers who don’t have fear being kicked out of their homes or suffering other consequences for who they are.
The bill passed in a 15-6 voice vote and goes to Judiciary, where 2091 is also sitting.
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