Freeman, 061517 WVAGO, AGO 061517

• Case Date: June 15, 2017
• Court: West Virginia

The Honorable Jeffrey L. Freeman AGO 061517 No. 061517 West Virginia Attorney General Opinions State of West Virginia Office of the Attorney General June 15, 2017          The Honorable Jeffrey L. Freeman          Prosecuting Attorney          Office of the Marion County Prosecuting Attorney          213 Jackson Street          Fairmont, WV 26554          Patrick Morrisey, Attorney General          Dear Prosecutor Freeman:          You have asked for an Opinion of the Attorney General regarding the authority of the Marion County Commission to set the hours and days of operation for certain offices in the Marion County Courthouse. This Opinion is being issued pursuant to West Virginia Code § 5-3-2, which provides that the Attorney General "may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office," To the extent this Opinion relies on facts, it is based solely upon the factual assertions set forth in your correspondence with the Office of the Attorney General.          Your correspondence raises the following legal question, which is addressed below:

Whether the Marion County Commission has the authority to set the hours and days of operation for offices of other elected officials in the Marion County Courthouse, and by what mechanism it may enforce any such authority?

         Your correspondence concerns the authority of the Marion County Commission to set office hours for the offices in the Marion County Courthouse, specifically the offices of other independently elected officials. According to your letter, on at least two occasions, some elected officials have chosen to close their offices, or to provide limited hours of operation, or to allow employees paid time off by running the offices with only a skeleton crew, when there has been no official State or nationwide pronouncement of a holiday. The Marion County Commission seeks the Opinion of the Attorney General regarding whether these elected officials have independent authority to set their own office hours, or if the Commission may set...