Roth, 060816 WVAGO, AGO 060816

Docket Nº:AGO 060816
Case Date:June 08, 2016
Court:West Virginia
 
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The Honorable Jeffrey R. Roth
AGO 060816
No. 060816
West Virginia Attorney General Opinions
State of West Virginia Office of the Attorney General
June 8, 2016
         The Honorable Jeffrey R. Roth          Prosecuting Attorney          Office of the Prosecuting Attorney of Grant County          5 Highland Avenue          Petersburg, WV 26847          Dear Prosecutor Roth:          You have asked for an Opinion of the Attorney General regarding whether the Grant County Commission must hold a public hearing in order to remove two members from the Grant Memorial Hospital Board of Trustees. 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 Attorney General's Office.          In your letter, you explain that a dispute has arisen over the Grant County Commission's attempt to dismiss two members of the board of trustees of Grant Memorial Hospital. It is your view that West Virginia Code § 7-3-15 prohibits the Commission from removing the board members without a public hearing. According to your letter, the County Commission disagrees, relying on the West Virginia Supreme Court of Appeals' decision in Williams v. Brown, 190 W.Va. 202, 437 S.E.2d 775 (1993), which cites Barbor v. County Court, 85 W.Va. 359, 101 S.E. 722(1920).          Your letter raises the following specific legal question:
Is a county commission required to hold a public hearing in order to remove members from the board of trustees of a county public hospital?
         The relevant statutory provision is West Virginia Code § 7-3-15. In pertinent part, the provision reads:
The administration and management of any county public hospital, clinic, long-term care facility or other related facility acquired, equipped, furnished, improved or extended under section fourteen of this
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