West Virginia 2022 Regular Session

West Virginia House Bill HJR20

Introduced
1/12/22  

Caption

Allowing an elected state official to be a government employee or employee of a public school, college, or university

Impact

If passed, HJR20 would amend Section 13 of Article VI of the West Virginia Constitution to facilitate a scenario where elected officials could have jobs outside their legislative duties without the risk of disqualification. Currently, existing law prohibits individuals holding lucrative offices or government positions from serving in the Legislature. This amendment would challenge that norm by allowing for exceptions, subject to the authorization of the West Virginia Ethics Commission. Such a change is expected to encourage more individuals to run for office who may also want to retain their public or educational roles.

Summary

House Joint Resolution 20 (HJR20) proposes an amendment to the Constitution of West Virginia, specifically seeking to change the eligibility requirements for state legislators. The bill aims to allow elected state officials to hold positions as government employees or employees of public educational institutions, such as schools, colleges, or universities, provided that their employment predates their election. The proposed amendment is aimed at addressing the employment status of elected officials and permitting dual employment in specified sectors, thus enabling individuals to serve in both capacities simultaneously.

Sentiment

The sentiment surrounding HJR20 has shown a mixture of support and opposition. Proponents argue that this amendment could provide a broader pool of candidates for elected positions, potentially increasing representation and public engagement. They believe it would benefit the state by bringing in officials who have direct experience in public service or education, thereby enhancing the legislative process. However, opponents raise concerns about the potential for conflicts of interest and the integrity of legislative decisions as elected officials could have competing loyalties between their roles as employees and legislators.

Contention

The primary contention surrounding HJR20 lies in the implications of allowing dual employment for elected officials. Critics question whether this could lead to ethical dilemmas and whether it dilutes the accountability expected from state legislators. There are concerns that if elected officials are employed by government entities, they could favor those entities in their legislative actions. The debate centers on balancing the benefits of more inclusive candidate eligibility against maintaining ethical standards in government roles.

Companion Bills

No companion bills found.

Previously Filed As

WV HJR5

Allowing an elected state official to be a government employee or employee of a public school, college, or university

WV HJR109

To allow certain state employees the eligibility to a seat in the legislature.

WV HJR24

To allow certain state employees the eligibility to a seat in the legislature

WV HJR10

To allow certain state employees the eligibility to a seat in the legislature

WV HJR22

To allow certain state employees the eligibility to a seat in the legislature

WV A3515

"Government Reality Check Act"; prohibits public employers from providing certain benefits to public employees; restricts gifts to public employees; restricts travel by public employees; imposes post-employment restriction on public contracting employees.

WV S1733

"Government Reality Check Act"; prohibits public employers from providing certain benefits to public employees; restricts gifts to public employees; restricts travel by public employees; imposes post-employment restriction on public contracting employees.

WV HB412

Generally revise code of ethics for public officials and government employees

WV HB1136

Public Ethics – Former Employees and Officials – Employment Restriction

WV HB227

Ethics; laws pertaining to public officials and public employees revised

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