W.Va. Senate still adjusting to acting presidency
by The Associated Press

CHARLESTON, W.Va. (AP) - The West Virginia Senate may not be done with its hotly debated measure that created a stand-in for its president, Earl Ray Tomblin, while he acts as governor.

Senate Majority Leader John Unger has proposed amending the rule that allows for an elected acting president during such absences of the chamber's top leader.

Among other goals, the amendment aims to ensure that the acting president is recognized under rules that the Senate will share with the House of Delegates. These joint rules oversee such crucial tasks as sending passed legislation to the governor and allowing House-Senate conference committees to resolve impasses over bills.

The amendment also seeks to provide the acting president with the same extra duty pay as the president. While the amendment remained pending Friday, the Senate had to take back a pay-related measure that it had sent to the House.

Unger, D-Berkeley, cited a problem with the language Friday to explain the recalled resolution to members.

"Actually, (House Speaker Richard Thompson) caught that error and wanted us to be aware of it," Unger said. "He wanted to make sure that all members of this body would be properly compensated for their expenses."

But Unger also noted that the two chambers have yet to adopt their joint rules, three days into the 60-day regular session. They are typically approved on the session's opening day.

"I just want every member to be clear, there are no joint rules between the House and the Senate at this point," he said.

Fellow senators picked Jeff Kessler for the new post Wednesday, when the Legislature began its 60-day regular session. But that came only after a lengthy debate and a 21-12 vote approving the necessary rule change.

Supporters argue an acting president will ensure the Legislature remains an independent and equal branch of government. Tomblin, D-Logan, has pledged to set aside his legislative duties while acting as chief executive. But he had also sought to keep his leadership team in place, and initially opposed a formal rule change.

Responding to critics who question whether the new office passes legal muster, Kessler notes that the rules already allow for a president pro tempore who "shall preside and perform all the duties of the president." That officer is appointed by the president, however, raising the separation-of-powers concerns that led to the new rule.

Kessler, a Marshall County Democrat, named several new committee chairmen and his own floor leaders, including Unger, upon becoming acting president.