Christopher Regan on the Gov
July 23 2020
On Friday Jim Justice was asked why he
will not allow the West Virginia Legislature to come into
session to administer the 1.25 billion dollars in federal aid
money the state has received. He said the Democrats would
probably recommend that West Virginians get the money
directly, in the form of stimulus payments of $2,000 per
person. Since he doesn’t want that, he figures he can get the
Republicans to vote against it, but said he didn’t want them
to have to do it because it might hurt them in the election.
Who exactly is “playing politics,” to use one of Justice’s
favorite expressions?
The fact is West Virginia is supposed to be governed small-d
democratically. That means we vote and our representatives
vote on how the state is to be run. The West Virginia
Constitution provides that “The legislative, executive and
judicial departments shall be separate and distinct, so that
neither shall exercise the powers properly belonging to either
of the others; nor shall any person exercise the powers of
more than one of them at the same time.” In other words, it’s
not a one-man show, no matter how big and rich that one man
may be.
A super-majority of the House of Delegates has called for a
session so the people’s elected representatives may have their
say regarding the disposition of the federal money sent to
help West Virginians during this pandemic. But Justice is
acting like the money goes into his personal piggy bank to
spend however he wants. And so far it’s gone mostly nowhere
and helped no one.
Maybe Jim is inventing a complicated corporate structure to
shield the money from taxes, or his creditors.
But it’s not his money, it’s West Virginia’s money. And it is
just plain wrong to deny the people’s representatives the
opportunity to do their job and represent them in Charleston.
The governor is not a king and should work with the other
branches of the government, instead of claiming his word is
law and only he decides where the money goes.
Other states – run by Democrats and Republicans – have
governors who can be respectful of others and work as a team,
and they have been spending that money to help citizens and
boost the economy in a challenging time. It’s not as though
there isn’t any need for these funds! But West Virginia’s
money is just sitting there while Justice says maybe he’ll
spend it on his road projects or who-knows-what, but he won’t
be allowing the Legislature to have a say.
Jim Justice has a terrible track record with money and not
just when it comes to his own taxes and bills. West Virginia
received $150,000,000 to aid the people affected by the floods
in 2016. Almost four years later, Justice has managed to get
less than one fifth of that money out the door. Ebenezer
Scrooge couldn’t be tighter with a dollar when West Virginians
are in need than Jim Justice is. Get cracking or give way to
others who will!
The expanded unemployment insurance of $600/week from the
federal government will soon expire. The reason our economy
hasn’t cratered even further, with mass evictions and
foreclosures, is that this money was made directly available
to workers to keep their families fed and under roof. The
legislature could come into session and make sure that this
aid money goes directly into the pockets of West Virginians in
the same way, and thereby keep folks’ heads above water. If
Jim Justice won’t lead, he should at least get out of the way
so this can happen.
The money should not sit forever waiting for the governor to
have an idea. It should not be used to grease the wheels for
his vanity projects or for his business pals. Above all, it
should not be held hostage because Jim thinks his Republican
majorities would be damaged by having to – gasp – debate the
issues in the Capitol.
We’re talking about 1.25 billion dollars of West Virginia’s
money. It is not for one man alone to spend however he sees
fit. The money should be subject to the democratic process and
the considered judgment of all three branches of government.
And that process needs to start right now.
Christopher J. Regan is an attorney with Bordas & Bordas,
and the former Vice-Chair of the West Virginia Democratic
Party.