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WVU right-to-work study disputed as Legislature considers bill

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By David Gutman

Just as the West Virginia Legislature began considering "right-to-work" legislation Thursday, a new economic analysis has alleged that the intellectual backbone behind the Republican proposal, a West Virginia University study of the issue, made basic mistakes and "is fraught with several problems."

In November, the WVU Bureau of Business and Economic Research unveiled a study of right-to-work laws that was requested and funded by the Republican-led Legislature.

The study, analyzing state economic data from 1990 to 2012, found that passing a right-to-work law in West Virginia would lead to faster job growth and a faster-growing economy.

"We established a process to ensure we would have independent, unbiased economic analyses of major initiatives that come before the Legislature," House Speaker Tim Armstead, R-Kanawaha, said in touting the study. "This study appears to support what we've been saying for some time - that a right-to-work law would certainly be advantageous to job growth in our state."

However, on Thursday, the Economic Policy Institute, a national think tank, released an analysis of the WVU study, saying it made such egregious errors as to "allow serious researchers and conscientious policy makers to disregard their study and results."

When you fix the errors in the WVU study, the EPI writes, "the relationship between right to work and employment growth disappears."

The EPI describes itself as a nonpartisan think tank focused on the needs of low- and middle-income workers. It says it gets about one-quarter of its funding from labor unions, which strongly oppose right-to-work laws. Slightly less than one-third of the organization's board of directors are union-affiliated.

"Every left-wing think tank has a study that says right-to-work is bad, every right-wing think tank has a study that says it's good," said John Deskins, the lead author of the WVU study. "The fact of the matter is that econometric analysis is difficult and complicated, and there are lots of ways for researchers to manipulate their models to suit their purposes. My team and I, on the other hand, have no particular leaning and no reason to manipulate results."

The WVU study examined economic data before and after various states passed right-to-work laws, to try to pinpoint the effect of those laws.

The most basic error that the EPI said it found in the WVU study is that researchers simply got the year wrong for when certain states adopted right-to-work laws.

Utah adopted a right-to-work law in 1955 and Texas did so in 1947, the new study writes, but, WVU wrote that Utah became right-to-work in 1995 and Texas did so in 1993.

Deskins acknowledged the error in the date for Utah, but said the error, if corrected, would actually strengthen his team's conclusions.

For Texas, he pointed to the National Conference of State Legislatures, which states that Texas adopted right-to-work in 1993.

The National Right to Work Committee, which supports right-to-work laws, sides with the EPI and says Texas became right-to-work in 1947.

Also, during the bulk of the time the WVU study covered, from 1990 to 2010, only one state switched its right-to-work laws, the EPI writes. This means, that almost every switch in status was either too old or too new to yield reliable data, the analysis says.

Correcting these errors, the new study says, makes it "impossible to reliably identify the causal impacts of right to work on employment growth."

Deskins said several of the EPI's other allegations make clear that it is being disingenuous.

"They are simply trying to discredit any report that does not support the financial position of their sponsoring organizations, regardless of scientific merit," Deskins said. "Furthermore, aside from any numbers, the basic idea that businesses are going to be more attracted to locations with more flexible labor markets is wholly consistent with basic economic theory."

The questions about the WVU study come just as it is being used as a bulwark in the Republican Legislature's push for right-to-work.

Hundreds of union members flooded the Capitol on Wednesday to protest the proposal, which they say will weaken unions and lower wages and benefits.

Union members were again out in force Thursday, as the Senate Judiciary Committee began considering the right-to-work legislation, with dozens who could not fit in the committee room waiting in the hallway during both morning and afternoon sessions.

The WVU study repeatedly was cited as evidence by lawmakers of both parties. The committee discussed the right-to-work bill (SB 1) for more than four hours on Thursday, but took no action.

Senate Majority Leader Mitch Carmichael had a brief back and forth with Ken Hall, president of Teamsters Local 175 and general secretary treasurer of the Teamsters, about the possible flaws with the WVU study.

Afterward, Carmichael said he had no great concerns with the WVU study.

"We chartered an independent study by an academic Ph.D. economist that returned results that suggest West Virginia would grow, have more jobs as a result of this," Carmichael said. "I trust the independent analysis."

Carmichael, R-Jackson, said he expects the committee to vote on the legislation today, which would send it to the Senate floor.

If West Virginia passes right-to-work legislation, it would become the 26th state to do so.

If a majority of workers in a workplace vote to form a union, the union must represent all workers in contract negotiations, even those who voted against the union. To do so, the union is allowed to collect fees, to cover the cost of negotiations, from every worker. Right-to-work laws allow workers to opt out of paying those fees, even if they are covered by the union contract and benefit from union negotiations.

Reach David Gutman at david.gutman@wvgazettemail.com, 304-348-5119 or follow @davidlgutman on Twitter.


Youth minister charged with sexual abuse

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By Staff reports

BLUEFIELD, W.Va. -- A former Christian youth minister faces numerous charges for allegedly sexually abusing a family member.

James Lilly, 24, of Bluefield, is charged with 31 counts of sexual abuse in the first degree, one count of sexual assault in the second degree and one count of incest, according to a criminal complaint filed in Mercer County Magistrate Court.

The victim was allegedly abused for several years, beginning when she was 9 or 10 and continuing into her teens. She came forward after learning Lilly was student-teaching, the complaint says.

Lilly has been let go from youth minister positions at several churches, including the Christ Episcopal Church on Duhring Street in Bluefield. Father Chad Slater of the Christ Episcopal Church told police Lilly was let go for attempting to get small children alone.

Lilly also previously worked at the Creator Episcopal Church in Mechanicsville, Virginia, where a 16-year-old girl told Rev. William Burk she and another girl had been pressured to send nude photos to Lilly.

Noel York-Simmons of the All Saints Episcopal Church in Atlanta told police Lilly was let go for lying.

The principal of the Bluefield Intermediate School told police Lilly was a student observer there during the 2015 school year, but had little interaction with students.

Detective K.L. Adams, who wrote the criminal complaint, did not immediately return a call.

Morrisey joins 35 AGs on CDC prescription guideline push

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By Staff reports

West Virginia Attorney General Patrick Morrisey and 35 attorneys general from across the country joined this week in urging the Centers for Disease Control and Prevention to quickly adopt proposed guidelines for prescribing opioid painkillers.

In a joint letter signed this week, the bipartisan group of attorneys general wrote that it believes the CDC's guidelines provide additional guidance to doctors to better evaluate the potential benefit and harm of prescribing opioid painkillers like oxycodone and hydrocodone.

"Prescription drug abuse kills far too many West Virginians," Morrisey said. "By advancing best practices for physicians, the CDC will help ensure West Virginia doctors have better information to assess the need for such addictive medications."

The letter refers to the guidelines as "a foundation for practice," as many primary care and family physicians lack clear direction in deciding when and how to prescribe opioid painkillers. Some steer clear of opioids for fear of losing their license or jeopardizing patients, while others choose the stronger painkillers over alternative treatments, the letter said.

Prescription drug abuse is an epidemic across West Virginia - last year, one national study showed that West Virginia's overdose rate was more than twice the national average, and the rate of overdose deaths has increased six-fold between 1999 and 2010.

Morrisey said he believes this week's letter exemplifies the type of collaboration needed nationwide. He continues to call upon officials within West Virginia and beyond to coordinate efforts in hopes of eliminating prescription drug abuse and its consequences.

The West Virginia Attorney General's Office recently partnered with U.S. Attorney William J. Ihlenfeld II to prosecute drug crimes in northern West Virginia. Other initiatives include the DRoP program to aid in the disposal of unwanted or expired medication and the ongoing development of a best practices toolkit to better enforce the safe and appropriate use of opioids.

Bulletin Board: Jan. 15, 2015

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Sorority meeting

Alpha Theta Chapter of Alpha Delta Kappa will hold its January meeting at 11:30 a.m. Saturday at the First Presbyterian Church of Dunbar. The speaker will be Karen Ruddle with Kanawha County Schools who will speak on Common Core/Charter Schools.

Trail club hike

Kanawha Trail Club will sponsor a hike at 1:30 p.m. Sunday on Kanawha State Forest's Alligator/Mossy Rock trails. Carpool from the parking lot at the corner of Ohio Avenue and Randolph Street, across from the post office. The hike is approximately 4 miles of moderate trails.

Sorority meeting

Preceptor Alpha chapter of Beta Sigma Phi International Sorority will meet at 7 p.m. on Monday at Canaan United Methodist Church, Roane Street. President Diane Domaschko will conduct the business meeting. Anne Stone will present her program and serve refreshments after the business meeting. Service is tabs for Ronald McDonald house, containers for Manna Meal, books/magazines and snacks for the VA hospital/clinic.

Republican executive committee

The Kanawha County Republican Executive Committee will have a luncheon at noon Tuesday at the Charleston Civic Center. Featured speaker will be Michael Stephens, Recreation Supervisor/Director at the West Virginia Veterans Home. Come early if you wish. The cost is $12 per person, cash or check only. Reservation deadline is Monday evening. For reservations, email kcrepublicans@suddenlink.net or calling 681-207-9114.

Items for Bulletin Board may be submitted by mail to the Charleston Gazette-Mail, 1001 Virginia St. E., Charleston, WV 25301; faxed to 304-348-1233; or emailed to gazette@wvgazettemail.com. Notices will be run one time free. Please include a contact person's name and a daytime phone number.

Board of Medicine revokes Martinsburg doctor's license as part of agreement

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By Lydia Nuzum

Staff writer

A Martinsburg doctor accused of illegal drug activity had her license revoked by West Virginia Board of Medicine earlier this week.

Dr. Tressie Montene Duffy, who operated West Virginia Weight and Wellness Inc. in Martinsburg, was convicted on federal drug distribution charges in December, pleading guilty to seven counts of aiding and abetting the distribution of oxycodone, a highly addictive Schedule II drug used to treat pain.

Duffy signed blank prescription orders and allowed unlicensed members of her staff to issue prescriptions for narcotics to patients despite the fact that they weren't seen by a physician, U.S. Attorney Bill Ihlenfeld said in December.

As a result of pleading guilty, Duffy faces up to 20 years in prison and a fine of up to $1 million on each of the seven counts. Duffy agreed, as part of the plea agreement, to relinquish her medical license and to never reapply for a medical license or certificate in West Virginia or any other state. The board took official action to revoke Duffy's license during its bi-monthly meeting Monday.

The board did not take action on another doctor accused of misconduct, however.

Charleston neurologist Dr. Iraj Derakhshan underwent weeks of scrutiny by the board late last year after an investigation found he wrote more than 14,000 original or refill prescriptions for controlled substances from July 1, 2013 to Feb. 12, 2014. The state also examined the records of 10 of Derakhshan's patients and found the doctor had significantly escalated each patient's dosage over time.

Board of Medicine executive director Robert Knittle said Derakhshan wasn't on the board's January agenda because the board is still awaiting the findings and recommendations from the hearing examiner.

"There's really nothing to report at this point," Knittle said. "The hearing is concluded, and the attorneys on either side have submitted their briefs to the hearing examiner, and now he will review everything and present his findings and recommendations to the board ... the board will review it with separate counsel and make a final determination."

Knittle said there was no timeline for when Derakhshan's final determination will be made, but said it will be "timely."

Mooney among those filing for election

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By Staff reports

Candidates continue to file for the upcoming election in West Virginia.

Rep. Alex Mooney, R-W.Va., filed for re-election on Wednesday in the 2nd Congressional District. Two challengers, Democrat Mark Hunt and Republican Marc Savitt, have also filed.

Former Taylor County state senator Mike Manypenny has filed to run in the 1st Congressional District, for the seat currently held by Rep. David McKinley, R-W.Va.

State Agriculture Commissioner Walt Helmick, a Democrat, has filed for re-election. Sen. Kent Leonhardt, R-Monongalia, has also filed for the seat. Helmick beat Leonhardt in a close race in 2012.

Delegate Chris Stansbury, R-Kanawha, filed to run for state Senate from the 17th District, which includes much of Kanawha County. The seat is currently held by Sen. Corey Palumbo, D-Kanawha.

Former Democratic delegate Danny Wells has filed to run in the 36th Delegate District. Wells lost a race for re-election in the three-member district in 2014.

Chris Reed became the first member of the Mountain Party to file for state office, when he filed in Kanawha County's 39th Delegate District. That seat is held by Delegate Ron Walters, R-Kanawha, who has filed for re-election.

Putnam Circuit Judge Philip Stowers and Kanawha County Family Court Judge Sharon Mullens also have filed for re-election.

Candidates have until Jan. 30 to file.

Highway funding left out of Tomblin's State of the State speech

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By Phil Kabler

One topic was conspicuously absent in Gov. Earl Ray Tomblin's State of the State address Wednesday: Funding for the state's deteriorating highways.

"I was very disappointed," said Jan Vineyard, president of the West Virginia Trucking Association, and a member of the Governor's Blue Ribbon Commission on Highways and West Virginians for Better Transportation.

"I realize we're in a tough shape economically, but I thought this was one place where we could make investments and see us get our investments back," she said.

Mike Clowser, executive director of the state Contractors Association, said Thursday he's optimistic the 2016 Legislature will not ignore the dire need to increase funding to maintain the state's highways.

"We think we pretty much knew it wasn't going to be in his speech last night," Clowser said. "The question going forward is, what is going to be done?"

Last May, the governor's commission, made up of legislators, state and local officials, industry and labor representatives, scholars and citizens, concluded the state needs to increase the roughly $1 billion a year it spends on highways by $750 million a year in order to adequately maintain existing roads, and by an additional $350 million a year to complete planned highways construction projects.

The commission instead recommended $114 million in year in new revenue, primarily from increased DMV fees and sales taxes on vehicle purchases, as well as a $1 billion road bond issue, to be paid off by keeping tolls on the West Virginia Turnpike through 2049.

However, those recommendations were widely panned by legislators, including House Roads and Transportation Chairman Marty Gearhart, R-Mercer, who previously called the commission's work "a colossal failure."

Clowser noted that not only is there no proposal for additional funding for highways, but automatic downward adjustments in the state gas tax the last two years also have cut funding by $37 million, and one of Tomblin's budget-balancing proposals would shift another $9 million from Highways to general revenue.

Clowser said passage of a federal highways appropriations bill late last year was helpful, but only amounts to an additional $10 million a year of road funding for the state.

He said that after years of stressing the deteriorating and hazardous condition of state roads, he intends to promote highways funding this session as an economic development tool.

"The key for us right now is jobs, and the key for West Virginia is jobs," he said.

Clowser said an infusion of highways funds would go a long way toward offsetting a multi-year decline in construction jobs in the state.

Vineyard agreed, noting, "I think it would be economic development for West Virginia to figure out a way to fund highways."

Brent Walker, spokesman for the Department of Transportation, said highways officials were not surprised or disappointed by the omission in the State of the State address.

"Just because there wasn't any mention of highways funding or any bills tossed out there, doesn't mean that there won't be discussion in the Legislature this session," he said.

Reach Phil Kabler at philk@wvgazettemail.com, 304 348-1220, or follow @PhilKabler on Twitter.

Sweet Potato Day at Ruffner Elementary (photos)


WV bill would bar transport payments for women having abortions

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By Eric Eyre

Republican state lawmakers don't want government funds being used to provide transportation for women having abortions in West Virginia.

"I do not believe in taxpayer-funded abortions," said Delegate Larry Faircloth, R-Berkeley.

But legislation - sponsored by Faircloth and 10 other GOP members of the House of Delegates - to carry out that abortion restriction got sidetracked Thursday, after House Democrats said the bill raises constitutional questions and could violate federal patient privacy laws.

"It's a nonsense bill," said Delegate Don Perdue, D-Wayne.

In a split vote, the House Health and Human Resources Committee agreed Thursday to delay discussions on the bill (HB 2468) until next week.

"I'm a sponsor of the bill, but I did see some problems I think need to be resolved, otherwise, it could create court issues later," said Faircloth, who intends to run for state treasurer in the Republican primary.

The legislation would essentially prohibit Medicaid dollars from being used to transport low-income women who schedule or have an abortion.

House Democrats cited a 1993 West Virginia Supreme Court decision that authorizes the state to use Medicaid dollars to pay for abortions for poor women.

"We have to remain neutral when we provide medical care to the poor," said Delegate Shawn Fluharty, D-Ohio. "So we have constitutional issues with this bill."

The health committee has asked the Department of Health and Human Resources to determine how much the state's Medicaid program pays annually to shuttle women having abortions. But DHHR has told lawmakers it has no way to track those expenses.

DHHR contracts with a transportation service that arranges rides for Medicaid recipients, but drivers don't ask patients to disclose information about specific medical procedures.

That likely would have to change, if the House bill passes.

"We would have to ask all of our [Medicaid] members if they were calling to arrange transportation for an abortion," said Cindy Beane, acting commissioner at DHHR's Bureau for Children and Families.

Health committee members said they would support an exemption that would allow women who were victims of rape and incest to be reimbursed for abortion transportation services.

"I do not believe we should punish a woman for bad things that happen to her," Faircloth said.

Also Wednesday, the health committee advanced legislation (HB 2026) that would allow terminally ill patients to receive experimental drugs not approved by the U.S. Food and Drug Administration.

"These are going to be extraordinarily difficult cases where all other treatment options have been exhausted," said Delegate Matthew Rohrbach, R-Cabell, a Huntington doctor.

That bill next moves to the House Judiciary Committee.

Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.

Navy ship named for WV Medal of Honor recipient

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By Lori Kersey

When World War II veteran Hershel "Woody" Williams first heard of the effort to get a U.S. Navy ship named in his honor, he didn't think it was possible.

That was nearly 20 years ago, after Ron Wroblewski, president of the West Virginia Marine Corps Coordinating Council, visited a ship at the Norfolk Naval Shipyard, in Virginia, and realized the ships were named for Medal of Honor recipients, like Williams, originally of Quiet Dell. So he decided to try to get Williams, a Marine Corps veteran, such an honor.

"I thought he was wasting his time," Williams said.

But on Thursday afternoon, 70,000 signatures and 19 years after Wroblewski started the effort, Navy Secretary Ray Mabus joined Williams and several local and federal dignitaries to officially name the Navy's newest Expeditionary Sea Base ship the USNS Hershel Woody Williams.

"It would have never been, except for Ron and his faith," Williams said.

Williams, 92, of Ona, is the last surviving veteran of the Battle of Iwo Jima to have been awarded a Medal of Honor. Williams said Thursday's honor was not just about him, but about two of his fellow Marines who lost their lives protecting him during that battle.

"It comes about more so for what they did," Williams told a crowd of mostly veterans who filled the Culture Center Theater for the ceremony.

Williams was born in 1923 and enlisted in the Marines at age 20. A shrapnel wound he sustained also earned him a Purple Heart, awarded by President Harry Truman. Following his discharge in November 1945, Williams served in the Marine Corps Reserve until 1969 and also was a counselor to other West Virginia veterans for the Department of Veterans Affairs for 33 years.

"My life has been blessed with so many miracles, and this is one of them," he said.

In addition to Mabus, Charleston Mayor Danny Jones, Sen. Joe Manchin, Rep. Evan Jenkins, and Gov. Earl Ray Tomblin also spoke at the ceremony.

Mabus called naming ships a great privilege and said meeting Williams was one of the great joys of his life.

"I am in awe," Mabus said, "in absolute awe of anybody who landed on those beaches, who fought across that black sand, with . . . [gun]fire raining down on them, who fought for 35 days, who fought at the cost of more than 20,000 Marines killed or wounded - a Marine killed or wounded for every two yards of ground that they gained. And Woody Williams stood out among that crowd, among those Marines."

While Williams might have doubted Thursday's honor would ever come, Wroblewski said he knew it would.

"My parents taught me something when I was a kid: Never start something you can't finish," Wroblewski said. "Never give up."

Wroblewski said his goal was to get the ship named in Williams' honor sooner rather than later: He wanted Williams to live to see the day.

Williams thanked Mabus for his decision to name ships after living people "so that they and their families could share in that glory."

Wroblewski said the 20-year effort involved getting organizations to pass resolutions, organizing events, sending letters and encouraging others to do the same.

"It's been a long haul, a lot of work," he said, adding that it felt good to see it through.

"Woody," Wroblewski said, "it's all for you."

Reach Lori Kersey at Lori.Kersey@wvgazettemail.com, 304-348-1240 or follow @LoriKerseyWV on Twitter.

Tyler school board president now homeschooling kids

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By Ryan Quinn

The president of Tyler County's school board has taken her kids out of the school system and begun homeschooling them, saying she wants them to have a more "Christian-based curriculum" on topics like evolution, and that she opposes the direction of state and national education.

But Bonnie Henthorn, whose current term expires two school years from now, told the Gazette-Mail she's not resigning and still accepting the $160-per-meeting payment for board members overseeing the public school system. Henthorn said she wasn't elected because she has kids, but because she speaks her mind.

"I also represent the multitude of people who are not connected with the school system who are concerned where their tax money goes," she said.

She said she hasn't decided whether she'll run again. Two fellow members of her five-member board have expressed a great deal of sympathy with her decision, though no board members said whether they'd support her again as president when they again must choose officers in July.

According to an article in the Tyler Star News, board member Scott Strode said in a board meeting last week that if he lived in a place where he could, and if he had the resources, he would "more than likely" send his own kids to a private or Christian school.

When contacted by the Gazette-Mail Thursday, after the Tyler paper reported his comments, he didn't deny that quote but said it was "kind of taken out of context." He said he believes Tyler schools do produce excellent graduates and that he doesn't like Henthorn's decision, and said he was trying to say at the meeting that Tyler is a rural area where public schools are largely the only option.

"You have to pick what you think is best for your kids," Strode said.

P.J. Wells told the Gazette-Mail that he doesn't have a problem with Henthorn's decision, saying both he and Henthorn are opposed to what they see as state and federal intrusion in local schools.

He noted his family was considering homeschooling for their then-4-year-old son before he ran for the board four years ago, hoping to make a change. Wells said they'd have to travel 45 miles to reach a private school, but if he could find a way to get his son a better education than Tyler schools, "we might look into it."

"This is the best that the state will let us have, let's put it that way," Wells said of Tyler's school system, "because the state mandates what we can teach them."

He said that because schools teach evolution, they should be able to teach that God created animals exactly as they are.

"You're allowed to teach about anything that happens with the Muslims," he said of public schools. "They want us to believe that we evolved from apes, which we didn't."

Board members Jimmy Wyatt and Linda L. Hoover both disagree with Henthorn's decision.

Science has long established that natural selection creates new species of animals over time, and public schools are banned by the U.S. Constitution from advocating religion in certain ways.

"Local boards don't really have any power to make educational changes," Henthorn said of her choice, saying her issues are over things Tyler County has no control over.

Henthorn, who took her children out of school over Christmas break, said she wants to homeschool her children, one in middle and one in high school, until she can get their scores up enough to enter a private, online Christian school based in Wisconsin.

She said she sees progress in some areas across the state, but said those changes won't come fast enough for her kids. She said she worries national standards on social studies could come to the state considering the state Board of Education's past approvals of national standards blueprints like the Next Generation Science Standards and the Common Core math and English language arts standards - which, she noted, the state school board's newly adopted standards don't differ too much from.

Though she doesn't know if it's happened in West Virginia, she said other states have seen an anti-Christian bias in schools, despite those same schools teaching kids about the Five Pillars of Islam and Buddhism.

She said her kids have been taught evolution for years in public schools, and she'd like them to be taught the "opposite science, because there is science on the other side." She said with all the hours students spend weekly in schools, two hours on Sunday isn't enough to be taught a Christian worldview.

"Hearing a sermon, no one is going to get down in the weeds with you, to talk about the gene pools, and to talk about cells, and to talk about the science behind it," she said.

Reach Ryan Quinn at 304-348-1254, ryan.quinn@wvgazettemail.com, facebook.com/ryanedwinquinn or follow @RyanEQuinn on Twitter.

Photo: Teacher of the Year recognized by Gov. Tomblin

West Virginia accepting wildlife paintings for 2017 calendar

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PARKERSBURG, W.Va. (AP) - The West Virginia Division of Natural Resources is accepting wildlife paintings for an upcoming 2017 calendar.

DNR Assistant Wildlife Resources Section Chief Scott Warner tells the Parkersburg News and Sentinel that the original color paintings may depict popular game and fish species or feature the state's other animals such as snakes, frogs and songbirds.

The paintings will be for the 2017 edition of the West Virginia Wildlife Calendar. The deadline is Feb. 19.

Warner says paintings not chosen in previous years may be resubmitted.

All artists, especially those from West Virginia, are encouraged to submit their work. The DNR says a $100 prize is awarded for each painting chosen, with $500 going to the artist whose work is picked for the cover.

Disaster aid office in Charleston closing next week

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CHARLESTON, W.Va. (AP) - The office that has been handling disaster assistance to 55 West Virginia counties affected by the 2015 spring and summer storms is closing.

The West Virginia Division of Homeland Security and Emergency Management says the Charleston field office will close Jan. 22. The state and the Federal Emergency Management Agency have operated the office for 10 months. A joint field office typically closes when most of its work is completed.

Officials say FEMA has awarded about $78 million in assistance to the state, local governments and eligible nonprofit agencies since last year's storms. Many of the projects involve reconstruction of public buildings, roads and bridges.

Around WV: Jan. 15, 2016

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By Erin Beck

In Around West Virginia today: a Holocaust survivor speaks to students, a violent incident at a Mercer County courthouse, and a feature on the Sagebrush Roundup, a Fairmont music venue and site of the state's Country Music Hall of Fame.

n A Romanian Holocaust survivor shares her story with Berkeley County students. The Nazis took the lives of several of Anna Grosz' family members, as well as her opportunity to get a proper education. Grosz, 90, said her family received one letter from her father after he was forced to join the Hungarian Labor Service, then never heard from him again. Her mother and two of her sisters were killed their first night at Auschwitz, and another sister was shot and killed later. Grosz urged the students to value their education. "Education, just that one word means a lot, because an educated person thinks and sees differently, and sometimes when a person isn't educated, they don't know or won't believe that things like this happened," she said.

n A Princeton man purposely injured himself to avoid facing a judge, according to WVNS. Joseph Whitlow, a fugitive from justice wanted in Giles County, Virginia, smashed his head into a window on the door as he approached a courtroom in Mercer County.

n The Times West Virginian featured the Sagebrush Round-up, the host of a weekly country music show in Fairmont and the home of the state's Country Music Hall of Fame. The Sagebrush Round-Up began in the 1930s as a radio show on WKMM and featured Little Jimmy Dickens and Grandpa Jones as its stars.

Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.


Charleston man sought in fatal West Side shooting

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By Erin Beck

Police said they're looking for a Charleston man they believe killed another man on Thursday.

Dimitrius Malone, 23, is wanted on a charge of first-degree murder, said Lt. Steve Cooper, chief of detectives for the Charleston Police Department, Friday morning.

"We are involved in what I would call a manhunt at this point," Cooper said. "At this point, we're asking anyone who may know the whereabouts of Mr. Malone to please notify the Charleston Police Department. Anonymously is fine. We just want to get him in custody."

Police believe Malone shot Nate Chaney, 22, several times in the head in the parking lot outside Littlepage Terrace apartments about noon Thursday. Chaney died shortly afterward at CAMC General Hospital.

Cooper said they know what led to the incident but wouldn't get into detail.

"I can say that this incident was related to a drug debt," he said. "That's about all I can say as far as specifics go."

Cooper said police are not sure if Malone is still in Charleston, but that's where they are currently searching. Malone originally is from New York City.

"Right now we have members of the Charleston Police Department actively searching for Mr. Malone," he said. "We have other technological strategies in place that I can't get into specifics on, but we are searching for him."

Malone has no criminal record in Kanawha County.

Police don't believe anyone else was involved in the shooting. They also don't believe the shooting is connected to the other three recent shooting deaths in Charleston.

"In the past we've seen similar sprees," Cooper said. "The way I can describe that is every so often they just happen to occur in bunches."

Police have filed charges in the previous three shootings.

"We've developed a lot of contacts in the community," Cooper said. "People are willing to talk and cooperate with detectives."

He said anyone with information should call 304-348-8111.

Reach Erin Beck at erin.beck@wvgazettemail.com, Facebook.com/erinbeckwv, 304-348-5163 or follow @erinbeckwv on Twitter.

Several areas under boil-water advisories

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The Raleigh County Public Service District has issued a boil-water advisory for the Airport System, following a low water tank level.

The City of Mount Hope has issued a boil-water advisory for customers from 300 Stadium Drive to the end and Hill Street following a water main break.

West Virginia American Water has issued a boil-water advisory for approximately 70 customers along parts of Summerlee Road, Union Loop Road, Old Summerlee Road and Hall Randall Road in Oak Hill. The advisory follows a water main break.

Customers in these areas should boil their water for at least one full minute prior to use until further notice.

Beckley Water Company has lifted a boil-water advisory for customers on Hampton Drive in Shady Spring, including all side streets.

Senate seat to remain open until court rules

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By David Gutman

For several days now, it's been unclear not only which party will fill the vacant seat in the West Virginia Senate, but who will make that decision.

One of those questions got answered on Friday: Gov. Earl Ray Tomblin will not decide which party fills the seat.

The state Supreme Court issued a stay in the case over the empty Senate seat. Justices ordered that the seat - vacated by Daniel Hall, a Wyoming County Democrat-turned-Republican - stay open until the court decides which party should fill it.

Tomblin had asked the court to decide, but had also said he was obligated by state law to appoint a replacement today, five days after he received a list of potential replacements from local Democrats. The court's stay means Tomblin, a Democrat, will not appoint anybody today.

Tomblin had said, absent advice of the court, he would appoint a Democrat to fill the seat vacated when Sen. Daniel Hall resigned. He has also said he will abide by the court's decision, whatever it may be.

Both parties claim a right to fill the seat because Hall was elected as a Democrat, but switched parties in 2014 and was a Republican when he resigned.

So, the issue is at least partly resolved, right?

Well, maybe.

If the court orders that Hall's replacement should be a Republican, Tomblin has said he will appoint a Republican.

But if the court orders Hall's replacement should be a Democrat, West Virginia could be looking at a bit of a constitutional crisis.

With control of the Senate hanging on which party gets to fill the seat, Republican leaders have given strong indication that they will not accept a Democratic replacement, even if ordered by the court.

Senate President Bill Cole, R-Mercer, in his brief to the court in the case, twice cited Article 6 of the West Virginia Constitution, which says that the Legislature is the judge of the "qualifications of its members."

Questioned repeatedly earlier this week, Cole refused to say what the Senate would do if the court rules against the Republicans.

Senate Judiciary Chairman Charles Trump, R-Morgan, pointed to that section of the constitution on Friday to say it would be the Senate's decision.

"It is up to the West Virginia Senate, the West Virginia Senate is the final arbiter," Trump said. "It will be a decision that's ultimately decided by the West Virginia Senate."

Asked if the Senate can override a Supreme Court decision, Trump said, "on some matters, not on all matters.

"It's a question, all I'm suggesting, it's a question that the Senate may decide, but it's the Senate's to decide," Trump said.

The Supreme Court received briefs in quick succession on Friday.

First, Attorney General Patrick Morrisey asked the court to block Tomblin from filling the vacant seat until the court, which will hold oral arguments on Tuesday, has a chance to decide.

Morrisey, a Republican, has already asked the Supreme Court to order a Republican replacement.

Then, Tomblin said that unless the court issued a stay, he would appoint a Democrat, as his five-day time limit for making an appointment runs out on Saturday.

"He will choose to err on the side of the people - the voters of the 9th Senatorial District - who elected a Democrat," Tomblin's counsel, Peter Markham wrote.

A couple hours after that, the court granted the stay, as requested by Morrisey.

Control of the state Senate hangs in the balance. Hall's 2014 party switch broke a tie and gave Republicans an 18-16 majority. They currently hold a 17-16 edge, but a Democratic replacement would once again deadlock the chamber, putting at risk contested pieces of the Republican legislative agenda.

Reach David Gutman at david.gutman@wvgazettemail.com, 304-348-5119 or follow @davidlgutman on Twitter.

Morgantown lawyer to replace Pasdon in House

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By Staff reports

A Morgantown lawyer has been appointed by Gov. Earl Ray Tomblin to fill a vacancy in the House of Delegates.

William Flanigan was appointed to replace Amanda Pasdon, who was chairwoman of the House Education Committee when she resigned last month. Both Flanigan and Pasdon are Republicans.

Flanigan ran for the House in 2014 in the five-member 51st Delegate District. He finished fifth in the GOP primary, and then ninth out of 11 candidates in the general election.

Debate on prevailing wage repeal starts

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By Phil Kabler

House of Delegates members Friday opened debate on a bill to repeal the state's Prevailing Wage Act (HB 4005), launching what one labor leader described as the second phase of a two-pronged legislative attack on workers.

"We're getting a double-barrel attack, but there's a number of businessmen who feel like they're being attacked as well," Steve White, director of the Affiliated Trades Construction Foundation, said after an early-morning public hearing on the bill.

For the third straight day, union members made their presence known at the Capitol, as they filled House chambers and galleries for the Government Organization Committee hearing.

Union members also filled the second floor of the main Capitol Wednesday for the State of the State address, and turned out in large numbers Thursday and Friday as the Senate Judiciary Committee deliberated a right-to-work bill that would allow workers in union shops to opt out of paying union dues (SB 1).

On Friday, a large majority of speakers - primarily union representatives and building contractors - spoke against repealing prevailing wage.

Thomas Samples, an electrician training director from Putnam County, made note of the disparity.

"Where are all the people who support this, other than the Americans for Prosperity, who seem to think taxpayers are different from construction workers?" he said.

Jason Huffman, state director for Americans for Prosperity, the Arlington, Virginia-based conservative political advocacy group founded by the Koch brothers, was one of the few speakers Friday advocating for repeal of prevailing wage.

Huffman called prevailing wage an "outdated and expensive mandate," adding, "Construction shouldn't cost more simply because taxpayers are footing the bill."

John Strickland, president of Maynard C. Smith Construction in Charleston, was one of several contractors Friday who disputed the theory that prevailing wage adds to costs of construction projects.

He said that for his company, prevailing wage assures availability of workers who've completed certified apprenticeship training programs, OSHA safety training, and who comply with drug-free workplace mandates.

"These three things make us very competitive. They're a productive workforce," Strickland said. "I would hate to lose that edge we have with prevailing wage."

Afterward, committee Chairman Gary Howell, R-Mineral, said the committee would not be swayed by the disparity between supporters and opponents of the bill Friday.

"One of the groups that's opposed to it is organized labor, and they are organized," he said.

Howell said it will be the middle of next week at the earliest before the committee takes up the bill - which consists of a single sentence declaring that the current law is repealed.

This marks the second straight year that the Legislature has taken up legislation to repeal prevailing wage.

Last year, legislators compromised, and passed a bill that instead made major changes in the way the prevailing wage rates are calculated.

That included moving rate-setting authority from the state Division of Labor to WorkForce West Virginia, which worked with business and economic researchers at Marshall and West Virginia University to come up with a more accurate methodology to measure wages being paid to construction workers in seven regions of the state.

However, legislative leaders were highly critical of the process, which ultimately did not dramatically cut wage rates for state-funded construction projects of $500,000 or more.

Leaders began discussing plans to repeal prevailing wage even before the new wage rates went into effect Oct. 1.

White said he doesn't understand the rush to repeal prevailing wage, since there hasn't been enough time to determine the accuracy or effectiveness of the new wage rates.

WorkForce West Virginia surveyed more than 3,700 building contractors to determine wage rates, significantly more than the Division of Labor or federal Bureau of Labor Statistics uses to calculate rates.

"Let's get that data out and talk about it," White said.

Reach Phil Kabler at philk@wvgazettemail.com, 304 348-1220, or follow @PhilKabler on Twitter.

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