CHARLESTON, W.Va. — State Sen. John Unger is asking a judge to stop the Senate from meeting on Sundays, a move Sen. President Bill Cole calls a “publicity stunt.”
The office of Kanawha County Circuit Judge Jim Stucky confirmed Wednesday afternoon a hearing is set on Unger’s injunction request for Friday morning at 11:30.
Unger (D-Berkeley) was the Senate majority leader before Republicans took control of the Senate following the 2014 election. He has criticized the management of the Senate schedule under Cole’s leadership. He’s said he shouldn’t have to choose between his congregations and Senate business.
In a prepared statement released Wednesday evening, Cole said the state constitution is clear the legislature has a 60-day regular session and that includes Sundays. The Senate would be glad to grant Unger a leave of absence for the day, Cole said.
“He is not required to be here on any Sunday, and is more than welcome to serve the parishioners of his three churches. However, it is not a reasonable accommodation to force the entire Legislature to shut down for the interests of one member,” Cole said.
Cole went on to say the lawsuit has “absolutely no merit.”
“I leave it to Senator Unger to decide whether it is appropriate for him to accept pay from the taxpayers for days that he is not actually willing to work,” Cole said.
The 60-day regular legislative session ends two weeks from Saturday and weekend sessions have been scheduled in both the Senate and House of Delegates.
Unger is represented by Charleston attorney Guy Bucci.