Elected officials warn 10% cuts will cripple offices as Cabell County approves levy estimate

Cabell County elected officials warned the County Commission on March 28, 2016 that a proposed 10% cut to elected-official budgets would prevent them from carrying out constitutional duties, potentially prompting legal challenges, as the Commission pressed ahead and approved the 2016–2017 General Fund and Coal Severance Fund Levy Estimate (budget) by unanimous vote.

Karen Cole, County Clerk, told commissioners that a 2005 court order by Judge Pancake established guidelines for setting budgets and that "by putting statutory duties before constitutional responsibilities, the Commission would be in contempt of that order." Cole said cutting her budget by 10% "she would be unable to perform her constitutional duties" and that elected officials would contest the budget if it was sent to the State Auditor's Office without revision.

Assessor Irv Johnson said the sharp increase in health insurance costs combined with a 10% budget cut "would be devastating to the functionality of his office," and asked commissioners to fund elected offices at prior levels before funding statutory obligations. Prosecuting Attorney Sean Hammers said a 10% cut "would truly cripple the prosecutor's office; affecting his ability to prosecute cases, and possibly impact the safety of the county." Circuit Clerk Jeff Hood said he agreed with the elected officials' statements.

Commissioner Nancy Cartmill acknowledged the elected officials' need for adequate funding but said the county was constrained by fiscal pressures, which she traced to a jail bill that the Supreme Court had ruled the county must pay. Cartmill described substantial recent increases in health insurance costs and said the county had switched from EBSO to Highmark and back while attempting to reduce premiums (the transcript refers to the carrier as "EBSO"; the meeting record does not provide additional detail about that vendor).

County Attorney William Watson said eliminating employee health care would be the alternative to cutting individual office budgets and reiterated that, while constitutional obligations take precedence over statutory ones, the county faces a Supreme Court order to pay the jail bill and risks contempt if it does not.

Sheriff Tom McComas asked whether commissioners and elected officials could work cooperatively to balance the budget without creating a rift. Commissioner Robert L. Bailey said he would be willing to not fund the Park Board or the library; Commissioner Cartmill replied that a state law (not specified in the transcript) requires the Commission to provide the library $1.5 million annually based on county tax collections and said the State Auditor's Office would not approve a budget that omitted these required payments. Bailey proposed submitting the budget as written to the State Auditor's Office and amending it before the fiscal year; Cartmill said the Auditor's Office would not approve omission of required payments.

Despite the objections and warnings from elected officials, Commissioner Nancy Cartmill moved to approve the 2016–2017 Cabell County General Fund and Coal Severance Fund Levy Estimate (Budget); Commissioner Robert L. Bailey seconded the motion and the vote was unanimous. President Anne Yon adjourned the meeting at 10:06 a.m.

The transcript records the motion and unanimous approval but does not list vote tallies by commissioner name beyond noting unanimity, nor does it record any successful amendments or follow-up actions to resolve the elected officials' concerns.