County and municipal government in West Virginia are creatures of the State Legislature; therefore, they can do only what the State permits according to the State Constitution and additional enabling legislation. Laws and major policies adopted by counties and municipalities must adhere to the state code.
All salaries of elected county offiical are set by the state legislature.
This handbook will be amended periodically to conform to any changes
in state and/or local laws and policies affecting its contents. Copies
of the handbook may be obtained at the County Commission Of rices, and
the Morgantown Public Library.
Monongalia County, located in north central West Virginia has a population of approximately 79,000; its northern boundary is the famous Mason and Dixon Line, and it is bordered by the State of Pennsylvania. The land is drained by the Cheat and Monongahela Rivers. Rich in natural resources, the county has attracted many industries, such as oil and gas production, coal mining, glass factories, wood products, and metal products. Morgantown is the educational, medical, cultural, and commercial hub of the region. It is home to West Virginia University, the state's land-grant institution, founded in 1867. With more than 22,000 students, WVU is the state's leading institution of higher learning.
Morgantown and Monongalia County offer "Mountains
of Opportunity" for business development and expansion. This is one of
the major growth areas in the state. Monongalia County was the only north-central
county to realize a population growth during the 1980s, and has been one
of the fastest-growing counties in the State during the 1990s. The presence
of West Virginia University, a large health care industry, and the growth
of advanced-technology development in the "I-79 High-Tech Corridor," help
to ensure a bright and prosperous economic future for the community.
A small farm building located on Col. Theophilus Phillips' plantation, near the town of New Geneva, was used for the county courthouse in 1776. Nine years later the General Assembly of Virginia found the site of the court to be in Pennsylvania because of the extension of the Mason and Dixon line. Court was then held in Zackquill Morgan's house until the new courthouse was erected.
Two hundred fifty dollars was the cost of the second courthouse finished in 1784. This primitive structure was demolished. An unusual trial held in this courthouse was the first trial to result in a sentence of death by hanging in 1796. Bishop Asbury in his Journal makes mention of the case in which Charles Donaldson was found guilty of the murder of his son.
A third courthouse was erected in 1802, a two-story brick building with courtroom and of flees on the first floor and jury rooms on the second floor.
This building was replaced by yet another two-story brick in 1848 costing $6,500. A 9-foot statue of Patrick Henry was added to the dome of this courthouse two years later. This statue now stands inside the courthouse.
Today's courthouse, which has a clock in its tower,
was completed in 1891 at a cost of $43,478. This structure was renovated
and a large annex was constructed in 1976 for $1.5 million.
There are three members on the County Commission. One must reside in each of the three districts (Eastern, Central, and Western); however, they are elected by all voters county-wide. Commissioners hold their of rice for the term of six years; and one Commissioner is elected every two years. They choose one of their members each year to serve as president, who presides over the meetings.
I. Duties and Responsibilities
A. Prepares and adopts budget for all county of flees in the courthouse, except judges and magistrates
B. Jurisdiction in all matters of probate, such as wills
C. Appoints guardians for minor children, generally to receive court settlements
D. Owns and maintains two bridges (South High Street Bridge and Hartman Run Bridge), but no roads; however, the County can authorize the closing (annulling) of a road or street that is unused and not in a municipality Sits as Board of Canvassers 1. Canvasses county election returns 2. Publicly declares results of election 3. In contested elections, judges the election and returns of their own members and all county of fices 4. Approves the appointment of three election commissioners and two poll clerks in each precinct in county to conduct primary and general elections
F. Lays and disburses county levies based on assessed property values
G. Sits as Review and Equalization Board in February to hear appeals on property values for assessment purposes
H. Appoints Fiduciary Commissioners to oversee and settle certain estates as required
I. Appoints members of certain county boards, authorities, and public service districts
J. Adopts ordinances and orders for protection and safety of people
in the county K. Approves purchase orders and payment vouchers for all
elected county of ficesexcept judges and magistrates
--Also, the aforementioned Bridges of South High Street and Hartman Run
B. An ordinance of the County Commission of Monongalia County, West Virginia, prohibiting smoking in county owned and operated properties; defining terms; establishing for violation; all under the authority of Chapter 7, Article 1, Section 3, of the West Virginia Code, as amended. Adopted December 18, 1990.
C. An ordinance of the County Commission of Monongalia County, West Virginia, restricting certain activities in relation to certain obscene matter; defining terms; providing for injunctive relief; establishing penalties for violations and exempting certain employees from prosecution; all under the authority of Chapter 7, Article 1, Section 4 of the West Virginia Code, as amended. Adopted January 16, 1990. --All County Records are available for public view.
B. Informal
1. County Commission Network (CCN)
a. Meets quarterly
b. Participants
(1) Commission
(2) Municipal elected officals
(3) Business leaders
(4) School board
(5) Various agencies
2. Special meetings a. Called for specific purpose b. Forty-eight hours notice required
3. Meetings requested by individuals or organizations
4. All meetings held by majority of Commission are open to the public
V. Bonding County Commissioners must be bonded with an amount not less than $20,000 nor more than $20O,OOO
VI. Salary A Commissioner's annual salary is $28,OOO
County residents elect a County Clerk for the term of six years.
I. Duties and Responsibilities
A. Recorder of All Documents
1. All recorded documents are indexed and are available for public use
--Property maps are available on computer. A computer is set aside
in the Clerk's of rice for public use. All materials (paper, etc.) used
is paid for by the user.
2. Keeps records of County Commission transactions
3. Keeps minutes of all County Commission meetings
4. Clerk of Coordinating Advisory Council--keeps minutes, records,
and handles correspondence
5. All Bonds
6. Estates
(a) Probates all Wills
(b) Appoints fiduciary commissioners for administering
certain estates
7. Copies of documents are available at a nommal fee
B. Guardianship
1. Oversees guardianship appointments
2. Takes applications
3. Schedules appointments with County Commission for hearings
4. Issues necessary documents, after County Commission has approved
guardianship
C. Clerk of the Civil Service Commissions (Correctional
Officers and Deputy Sheriffs)
1. Attends and keeps minutes and records of Civil Service Commission
meetings
2. Oversees and administers Civil Service Tests for both Commissions--both
new and promotional
D. Budget
1. Chief Budget Officer
2. Figures levy rate for County Commission
3. Types, certifies, and submits budget to Charleston
4. Prepares annual County Financial Statement and publishes in local
newspaper
5. Keeps records of all payables--prepares vouchers for submission
to County Commission for approval, for all county accounts
6. Writes checks for 15 different accounts
7. Keeps accounts payable records for the accounts
8. Oversees four payrolls per month
9. Responsible for all phases of budget and payables processed for
county
E. Vital Statistics
1. Records and indexes births, marriages, and deaths in the county
2. Issues birth, marriage, and death certificates for the county
3. Records and indexes adoptions for the county
F. Elections
1. Chief Voter Registration Of ficial for the county
2. Registers voters in county
3. Conducts voter registration drive prior to each primary election
4. Designates polling places after approval by County Commission
5. Prepares and supplies all materials (ballot boxes, poll books, etc.)
before election day
6. Supplies list of candidates
7. Receives ballots on election night
8. Records votes
9. Custodian of vote recording device
II. Bonding The County Clerk must be bonded for no less than $10,000 nor more than $50,000
III. Salary The County Clerk's annual salary is $42,000
I. Duties to the Court
A. Issue mesne (during the progress of a case) process to effect provisional
remedies to ensure satisfaction of a judgment which might ultimately be
obtained
B. Issue final process to enforce and execute judgments
C. Appoint a guardian ad litem (for the particular suit or action)
where required
D. Respond to other requests that do not require a court order --however,
any action of the Circuit Clerk may be suspended, modified, or rescinded
by the court
II. Responsibilities
A. Circuit Clerk is registrar, recorder, and custodian of all pleadings,
documents, and funds pertaining to cases filed in Circuit Court
B. Responsible for administration and management of petit and grand
jury systems in county 1. Creates master list of perspective jurors
2. Randomly selects panels for attendance
3. Qualifies and summons jurors
4. Orients jurors as to service
(a) Petit Jurv-sits at a trial in civil and
criminal cases
(b) Grand JurY-hears complaints of the perpetration
of offenses to Local Sites Of Interest out whether there
is prima facie (evidence which, if unexplained
or uncontradicted, would establish the fact
alleged) ground for a criminal accusation
5. Monitors attendance and mileage for reimbursement purposes
C. Fee of ficer--receives and accounts for all money and property which
the Court orders to be deposited in the Circuit Court
1. Collects various fees, fines, and costs associated with cases
2. Holds and disburses other types of payments and deposits, such as
bonds and restitution
III. Election Officer
A. Prepares ballots
B. Conducts absentee voting
C. Chairman of Board of Ballot Commissioners
IV. Reports Submitted
A. Caseload and trial activity in the courts, submitted to Administrative
Of rice of the State Supreme Court of Appeals
B. Certain vital statistics to the Department of Human Services
C. Financial data to the of rices of the State Auditor and the State
Treasurer
V. Bonding The Circuit Clerk must be bonded for no less than $10,000
VI. Deputy Clerks
A. Appointed by Circuit Clerk
B. Can perform all of ficial acts and duties in the name of the Circuit Clerk
C. Can be commissioned as public notaries to act on behalf of Circuit Clerk's of rice only for court documents. Under these circumstances, the fee is waived.
VII. Salary The Circuit Clerk's annual salary is $42,000
I. Duties and Responsibilities
A. Determines the "true and actual" value of all real and personal property for tax purposes; a percentage of the value, called the "assessed value" is used to calculate taxes --An individual who adds or remodels any building, thus increasing its value by more than $1,000, should request and complete Form 12:75 within 60 days of the date addition or remodeling has commenced. A municipality permit serves the same purpose. General maintenance on property need not be reported.
B. Collects the county and local dog taxes --Assessor's of flee collects $3.00 for each dog owned, six months and older, and an additional $3.00 per dog in Morgantown, Westover, Star City, and Granville.
C. Determines eligibility of property owners for the $20,000
Homestead Exemption
D. Maintains county map room to make tax maps and property records available for public use
E. Assists State Tax Commissioner with annual review of public service corporations and utilities
II. Tax Districts. For assessment and taxation, Monongalia County is divided into 19 Tax Districts. They are as follows:
A. Battelle District
B. Blacksville Corporation
C. Cass District
D. Clay District
E. Clinton District
F. Granville Corporation
G. Grant District
H. Morgan District
I. Osage District
J. Star City Corporation
K. Union District
L. Westover Corporation
M. First Ward
N. Second Ward
O. Third Ward
P. Fourth Ward
Q. Fifth Ward
R. Sixth Ward
S. Seventh Ward
III. How to Estimate Your Real Estate Tax
--Formula to estimate your tax:
APPRAISED VALUE X 60% = ASSESSED VALUE
ASSESSED VALUE X LEVY RATE = TAX
IV. Property Classifications
A. CLASS 1 - All tangible personal property employed exclusively in farming, livestock, notes, bonds, accounts receivable, and any other intangible personal property.
B. CLASS 2 - All property owned, used and occupied by owner, exclusively for residential purposes, and farms used and occupied by their owners or bona fide tenants.
C. CLASS 3 AND 4 - All real and personal property exclusive of Classes 1 and 2, situated outside a municipality (Class 3) or within a municipality (Class 4), including property occupied by renters.
V. Homestead Exemption For Owner-Occupied (Class 2) Property
If you are 65 years or older on or before June 30 following the July
I assessment date, or permanently/totally disabled, you may file for Homestead
Exemption in the Assessor's office.. You must file between July 1 and October
1. You must meet the following requirements:
A. Applicant owns and occupies property in question. Only the first $20,000 of assessed value is exempt.
B. Applicant must have occupied property for more than six months prior to date of application.
C. Applicant must be a resident of West Virginia for two consecutive years preceding the relevant tax year.
D. Applicant must sign an oath that he/she does not receive a similar exemption in another state or county.
E. If Applicant has resided in another state and returns within a period of five years, applicant will be allowed exemption if he or she resides in state for two years out of the ten immediately preceding the tax year in question.
F. Only one exemption shall be allowed for each homestead used and occupied by the owners thereof, regardless of the number of owners residing therein.
VI. Bonding The County Assessor must be bonded for no less than $2,000 nor more than $5,000.
VII. Salary The County Assessor's annual salary is $49,000;
but $15,000 is withheld until November and is not paid until the State
Tax Department certifies that all required duties have been completed.
The Assessor also receives 10% of Dog Tax collected and $3,400 for annual
agricultural census.
I. Duties and Responsibilities
A. Provides documents for property tax sales
B. Provides location and information of all county properties
C. Assists the Circuit Court Judge in property disputes and boundary
locations
D. Determines county boundary locations as needed
E. Determines district boundary locations as needed
II. Salary The Surveyor receives no salary; however, he: compensated for most work performed
III. Benefits
A. Receives $2,400 from County Commission to help pay for his office
space
B. Receives health insurance paid by the County Commission
C. Is provided storage space in county building
I. Duties and Responsibilities
A. Chief law enforcement of ficer of the Sheriff's Dept.
1. Appoints Chief Deputy and all other law enforcement personnel within
the Sheriff's Department
2. Protects life and property in the county
3. Enforces court orders
4. Administers transportation of prisoners, mental patients, and extraditions
5. Administers Writ's of Execution issued by Magistrate Court
6. Maintains courtroom security
7. Service of Civil Process
8. Maintains financial and medical information for conservatorships
and committeeships appointed by Circuit Clerk
9. Issues and maintains records for concealed weapon permits
B. Treasurer of the County
(Tax Department offices are located on lower level of Courthouse—(304)
291-7244)
1. Account of disbursements and deposits
2. Annual statement of fines and costs received from magistrates and
deposited into the state treasury
3. Tax Collector for County
C. Keeper of the County
1. Appoints chiefjail administrator and all other jail personnel
2. Supervises correctional officers
3. Responsible for care, custody, and control of inmates in County Jail
and staff security
a. Safety and Security of inmates and staff
b. Makes sure that all operations are up to State Standards
c. Administers certain paperwork for lawyers, courts, and media
d. Purchases/provides medical care, personal hygiene, and food to inmates
e. Operates "commissary" for inmates and their families
f. Inmates are given expense accounts, for which their families pay
--Note: Inmates are not allowed to have money in the county jail
g. Contacts Judges' office to ask if they need volunteers for work
release
h. Provides police escort to and from court for inmates
i. Provides and supervises educational needs of inmates
j. Provides and supervises rehabilitation for inmates
4. Works with Prosecuting Attorney on fugitives and extradition
5. Administers internal affairs of county jail
II. Bonding The Sheriffmust be bonded no less than $100,000 nor more than total amount collected by his office for one tax year. Deputies must also be bonded with an amount of $35,000
III. Salary. The Sheriff's annual salary is $34,000; plus,
2 1/2% of the last 15% of all taxes collected by Tax Of rice, but not to
exceed $15,000
I. Duties and Responsibilities
A. To prosecute all crimes, both misdemeanors and felonies, within the
county
B. To represent the Department of Health and Human Resources in child
abuse and neglect cases
C. To represent the State in juvenile delinquency cases
D. To appoint and supervise assistant prosecuting attorneys
E. To represent all elected county officials and county agencies
F. To represent applicants for involuntary commitment of patients to
mental institutions
II. Elections Keeps of fice open during elections, and is available toadvise election of ficials or answer questions from the public
III. Salary The Prosecuting Attorney's annual salary is $76,000
I. Duties and Responsibilities
A. The Circuit Court of Monongalia County is a court of original and
general jurisdiction of all matters at law where the amount and controversy
exceeds $300
B. The Court has jurisdiction of all crimes and misdemeanors, cases
in equity, and extraordinary remedies
C. The judge is the presiding of fleer over all trials and hearings
conducted at the circuit court level
D. The circuit court also sits as an appellate court for appeals from
Magistrate Court and many administrative agencies
E. The area of jurisdiction includes all of Monongalia County.
II. Salary A Circuit Court Judge's annual salary is $80,000
I. Duties and Responsibilities
A. The following cases originate in Magistrate Court:
1. All felony cases
2. Most misdemeanors
3. State Police, Sheriff, and DNR citations
4. All domestic violence cases
5. All Civil Cases up to $5,000 liability
6. All worthless checks
B. Magistrate Office Hours
1. 8:00 a.m. - 7:00 p.m.—Monday through Friday
2. On call 24 hours, including weekends and holidays
3. Magistrates rotate regular of flee and on call duty hours
II. Salary The annual salary of Magistrates is $33,000
The Morgantown Area Economic Partnership (MAP) is a nonprofit, public-private sector partnership that provides development assistance to the business community of Monongalia and Preston Counties. It operates under the direction of a 23-member board of directors. The partnership includes representation from local governments, the Monongalia and Preston County Economic Development Authorities, the Morgantown Area Chamber of Commerce, West Virginia University, and local banks, utilities, and businesses.
MAP and MCDA work together to help new and existing businesses in such areas as capital financing, employee recruitment and training, sites and buildings, international trade, and community and economic data.
Their mission is to improve the quality of life for all the citizens of Monongalia and Preston counties by strengthening and expanding the area's economy to create more and better jobs. Their goals include: (1) Retain and expand existing businesses, (2) Recruit new businesses and investments, (3) Stimulate and support small businesses and entrepreneurial activity, with a special emphasis on commercial values of students and faculty of WVU, and (4) Increase the local and state capacity to support economic growth and community development.
Their Web Site is www.morgantown.org and their E-Mail address is maep@access.mountain.net.