Bluefield Daily Telegraph, Bluefield, WV

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January 11, 2011

Chafin warns of constitutional crisis in political shuffle

By CHARLES OWENS Bluefield Daily Telegraph

BLUEFIELD — If a predicted reshuffling of the leadership deck in Charleston become a reality Wednesday, it will create a constitutional crisis for the Mountain State, according to current Senate Majority Leader Truman Chafin.

Chafin, D-Mingo, will lose his leadership post Wednesday if Sen. Jeff Kessler, D-Marshall, is successful in having himself appointed as the Senate’s new acting leader while current Senate President Earl Ray Tomblin serves as West Virginia’s acting governor.

Chafin’s 6th Senatorial District currently includes Mercer and McDowell counties. Two freshman senators serving Mercer County, Mark Wills, D-Mercer, and Ron Miller, D-Mercer, have both thrown their support behind Kessler.

Chafin said article 7, section 16, of the state constitution requires the Senate president to perform the duties of governor in the event of a vacancy. Chafin said no rule change creating the office of acting senate president is going to resolve any perceived or real conflict with Tomblin serving as governor.

“Changing our Senate rules will add another serious conflict and create a constitutional crisis,” Chafin said Monday.

According to Chafin, lawmakers are required on the first day of the legislative session to select a Senate president.

“Once we select a Senate president that is all the constitution says we can do,” Chafin said. “He has to assume the duties of the chair. Obviously, if you select someone as Senate president, which Kessler is poised to do as I understand with the aid and support of three southern West Virginia lawmakers, which is (Richard) Browning, (Ron) Miller and (Mark) Wills, is to change 147 years of rules. He’s going to change that rule to say that after we elect a Senate president we are going to elect a second Senate president, and that person will be the acting Senate president. That raises where I say it was totally unconstitutional. It raises the question how is he going to do that constitutionally. The constitution says we have to select a Senate president. How can we then turn around and select a Senate president and then strip him of all of his powers and abilities and appointment of committees just by doing a rule change.”

Chafin said suggestions Monday by Kessler that he was originally on board with the new leadership team is inaccurate. Chafin said Kessler’s observation was based upon earlier conversations between the two taken out of context. Chafin said Kessler also led him to believe that Tomblin initially supported the changes.

 Chafin said he anticipates a constitutional challenge to the power shift. Chafin said legislation passed by the Senate also could be called into question.

“Let’s say we pass the first bill of the session under his plan — once you pass a bill then the president has to sign it,” Chafin said. “How is Kessler going to sign the bill. Is he going to say he’s acting Senate president when the constitution only says you have a Senate president. Will he sign as acting president and will then Gov. Tomblin sign it as well. So anybody that benefits or is hurt by that law, I would respectfully request go to the Supreme Court and have it thrown out. You will see what a tangled mess that will become.”

Chafin said he was “perplexed” by the decision by Wills and Miller to support Kessler.

“It’s a very unfortunate turn of events (for Mercer County),” Chafin said. “It’s a fall from the palace to the dungeon so to speak. But no matter where I sit on the Senate floor, I will be a strong voice for southern West Virginia and the Sixth District. But at the moment I would suggest it is better to be in leadership. You can get many things accomplished.”

Wills told the Daily Telegraph last week that Kessler contacted him on Nov. 17 seeking his support. Wills said he didn’t respond right away, adding he “pondered” and “prayed” before responding to Kessler. Miller said he, too, was contacted by Kessler, but didn’t make his position public until after the Democratic caucus. Miller said he opted to support the majority decision of the Democratic caucus.

— Contact Charles Owens at cowens@bdtonline.com

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