Dominion Post: 5-12-06 - Home Rule

To the Editor of the Dominion Post:

During the 2007 legislative session, a bill passed to allow five cities to try their hands at home rule. The legislation allows a city to chose to ignore ANY state laws as long as what they want to do is not unconstitutional. Ignoring state code opens the door to almost limitless powers for a city council. The only gate keeper is a newly created board that must approve the city's proposal.

Initially, this senate bill passed the House of Delegates only after it was amended to allow the residents within a city to vote on the city's home rule proposal. Unfortunately, the bill then went to the conference committee where Delegates Barbara Fleischaur and Alex Shook eliminated the people's right to vote on the home rule proposal.

On the final evening of the legislative session the conference committee version of the bill was up for final passage. Instead of defending the previously expressed will of the House of Delegates, Del. Barbara Fleischaur spoke in support of taking away the city residents' right to vote.

She said that city council members are elected, so they'll come up with an acceptable home rule plan because they are held accountable at election time. She said this March 10th when she should have known, as I did, that no one cared to run for Morgantown City Council. I've seen no evidence that those who chose not to run for re-election had notified the general public that there would be open seats that they could compete to fill.

Our entire delegation voted for the home rule bill minus the voter's right to leave it's stamp of approval on the plan. I can report what transpired because I was in Charleston during the entire 2007 legislative session; my expenses were not paid by the taxpayers or any special interest.

Upon return to Monongalia County, I attended the League of Women Voter's forum for the uncontested Morgantown City Council race. I publically asked the so called "candidates" what laws they wanted to ignore for their home rule proposal. I received no specific answers. It is curious that a city council that has complained for years that they need home rule powers could not answer that simple question.

It was an important question because they now have the option of ignoring any state law and with such power comes responsibility. If the city wants to bypass state agencies, then they must be able to make technical decisions without state funded expertise and be able to fund their own way. I was very disappointed that the city residents lost their right to vote on such potentially significant changes that will directly impact them, but I hope all goes well.

Sincerely,
Cindy Frich
Former Delegate (44th-Monongalia)