CHARLESTON, W.Va. — State Auditor J.B. McCuskey says he’s trying to be prudent as state lawmakers work to finalize a state spending plan. Although nobody at the Capitol wants to see a government shutdown on July 1st, the possibility exists and McCuskey says he and his staff have to be ready with a contingency.
“Nobody knows quite yet, but my attorneys and I are working very hard with a plan,” he said on Monday’s MetroNews Talkline. “It is my intention to insure the most vital functions of state government will be funded.”
Those “vital functions” as he describes are things like the State Police. However, it’s considered unconstitutional to spend money without a budget, yet life goes on whether lawmakers and Governor Jim Justice can reach a compromise or not. McCuskey says he’s not going to let things descend into chaos, but admits it’s uncharted territory for him and everybody else in state government.
“It’s unprecedented,” the Auditor explained. “But it is my personal opinion there are certain levels of state government that were intended to be paid by our framers and I will make sure that happens.”
He laughed such action might get him tossed into jail, but it’s a risk he’s willing to take.
“I’m the only Constitutional officer who can be held criminally liable in my position and this is one of the instances where that is possible,” he said. “So if you guys see me getting hauled off to jail for paying the State Police somebody come bail me out.”
Although a tongue in check reference, McCuskey says there may be some questions which will have to go before the state Supreme Court to make certain these issues are handled appropriately.
“We are preparing some legal briefs to be submitted to the Supreme Court,” he added. “Hopefully they will be able to help by providing some guidance.”
The Legislature will return to Charleston Thursday for a special session aimed at working on the budget. It’s still unclear whether there is support for the proposals from Governor Justice which include a variety of tax and fee increases. The Governor has reportedly struck some kind of compromise with the state Senate, but selling his plan in the House of Delegates promises to be a much taller order.