Weeks
Manchin
CHARLESTON - Republican gubernatorial candidate Russ Weeks has filed suit against the current governor and House of Delegates, seeking to reverse the retroactive per diem increase voted on by legislators.
Weeks' petitions against Joe Manchin and the House name West Virginia House Bill 4076, which increased per diem benefits from $115 to $131. The increase became effective upon passage, and increased basic compensation from $15,000 to $20,000 annually for half of state senators.
Weeks claims the bill violates certain provisions of the state constitution "by embracing subjects in addition to legislators' compensation and salaries," the petition says. Weeks' claims the legislators are retroactively collecting $1120 from the increase.
On his Web site, Weeks said he is filing the suit as a taxpayer and for other state residents.
"The citizens of our state deserve representation that is responsive and respectful to the average West Virginian," Weeks said in a statement on the site. "In no other walk of life can a person give himself an increase in pay, and then collect it from past service.
"The arrogance of the legislative leadership in supporting this kind of activity is shameful."
In the petition filed against Manchin, Weeks claims the state constitution assures the people that public officers would give their services during their terms for the amount of compensation for which they were willing to serve. The suit says the per diem increase violates the constitution and the bond the legislators made to those who elected them to office.
Weeks claims these suits are to hold the governor and other state politicians accountable for their actions.
"Our legislators and our governor must be held accountable to the people," he said on his Web site. "Voting a pay raise for themselves is hard enough for most people to swallow. But making the per diem part of it retroactive is too much. It is likely illegal, but more importantly, it is just wrong."
Former South Charleston mayor Richie Robb, a Democrat, is representing Weeks.
"Senator Weeks and I probably disagree on most political issues, but we share the conviction that our elected officials must be held accountable for their actions," Robb said in a statement on Weeks' Web site. "The first principle in the military is to take care of those under you first. The Legislature took care of itself first, ahead of taxpayers and employees.
"I look forward to pursuing this case vigorously and helping Senator Weeks and the people of our state reach a successful outcome."
In filing the suit, Weeks took the unusual step of filing with the state Supreme Court rather than in Kanawha Circuit Court. Because of the constitutional issues involved, and since the Supreme Court does have original jurisdiction in such matters, Robb said it was the more appropriate forum.
"Since Russ felt the governor and legislature were responsible for the raise, this seemed best forum and process to hold them accountable," he said.
The suit, filed as a Writ of Mandamus, named Manchin as the lead defendant. Named as co-defendants were Senate President Earl Ray Tomblin (D-Logan), House Speaker Richard Thompson (D-Wayne), state Auditor Glen B. Gainer III and state Treasurer John D. Perdue.
Because the case was in the Supreme Court, it was unclear if a decision would be rendered before it adjourns on June 29. Unlike in circuit court where defendants in a civil suit normally have 30 days to reply, the Court, at its discretion, will determine if a response is necessary, and when it will issue a ruling, Robb said.
Reporter Lawrence Smith contributed to this report.