See, 032919 WVAGO, AGO 032919

• Case Date: March 29, 2019
• Court: West Virginia

The Honorable Lucas J. See AGO 032919 No. 032919 West Virginia Attorney General Opinion State of West Virginia Office of the Attorney General March 29, 2019          The Honorable Lucas J. See          Hardy County Prosecuting Attorney          204 Washington Street, Room 104          Moorefield, WV 26836          Dear Prosecutor See:          You have asked for an Opinion of the Attorney General concerning the authority of county governments to adopt sick leave policies for their employees. 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 on the factual assertions in your correspondence with the Office of the Attorney General.          The State of West Virginia promulgates a sick leave policy for state employees, but not for public employees generally. W.Va. Code St. R. § 143-1-14.4. Your letter asks whether benefits policies for county employees must be consistent with the State's policies. Specifically, you ask whether a county commission can adopt a medical leave policy that allows county employees to donate sick leave to another employee, even if the State's policy does not include a similar provision.          Your letter raises the following legal question:

Can a county commission adopt benefits policies for its employees—specifically, sick-leave policies—that differ from the policies that apply to state employees?

         We conclude that, with limited statutory exceptions, the Legislature has granted counties general authority to adopt employee benefits programs consistent with the needs of the county and their employees, and that there is no requirement for a county sick-leave policy to mirror state policies.          Discussion          A county commission is "a corporation created by statute, and possessed only of such powers as are expressly conferred by the Constitution and legislature...