CLARKSBURG, W. Va. — Senator-Elect and Harrison County Commissioner Mike Romano is seeking to bring a resolution to the debate on whether he can hold both positions.
The Harrison County Commission voted 2-0 Thursday –with Romano abstaining– to seek an opinion from the state’s Attorney General pertaining to the issue of a county commissioner serving as a state legislator at the same time.
Commissioner Bernie Fazzini called for the question, fearing any vote taken by Romano since December 1 could be subject to challenge after a 1991 opinion was brought to light from then-Attorney General Roger Tompkins, stating one person could not do both.
Ron Watson, commission president, voted to seek the opinion as well, but did not think much would come of it.
“As far as I’m concerned, the legal opinion going [to the Attorney General], okay. It’d just be another opinion they’d surface on something like that,” he said. “Instead of 1991, change the date on there and make it 2015.”
The commission was advised by its legal counsel Joe Shaffer that opinions from the Attorney General are usually given in regard to the legality of legislation. While potentially influential in a court case, an opinion is not necessarily binding statute.
Shaffer also advised the commission that Romano is still only just a commissioner until he takes the oath of office.
“I firmly believe any vote taken [Thursday] that Michael was on, he’s doing as a county commissioner, not as a senator-elect because he’s not taken the oath,” Watson said. “If anyone wants to challenge that, bring them on.”
While Romano didn’t not say specifically when he would step down from the commission, he said in order to not draw any disrespect to either body, he will continue to evaluate the situation and make a decision shortly.
“Objections, whether they’re felt by the broader population or just a few loud voices, have gotten to be significant,” Romano said. “That, coupled with what I understand may be an effort from some in the opposition to not qualify me for the senate if I remain in the commission, is going to make it difficult for me to do so.”
He maintained that he would not have remained a commissioner throughout his tenure as a senator.
“My intention was never to cause controversy, never to cause anybody to be able to raise any eyebrows at what the commission is doing,” he said. “This body functions very efficiently, will continue to function efficiently after I leave. My only desire was to see through some projects.”
Some of those projects include the new developments at the Tax Increment Financing areas in Bridgeport at Charles Pointe, along with the North Central West Virginia airport and the consolidation of the economic development organizations.
Romano must be administered his oath of office before the regular legislative session begins on Jan. 14.