White, 071216 WVAGO, AGO 071216

• Case Date: July 12, 2016
• Court: West Virginia

Honorable Samuel R. White AGO 071216 No. 071216 West Virginia Attorney General Opinions State of West Virginia Office of the Attorney General July 12, 2016           Patrick Morrisey, Attorney General.           Elbert Lin, Solicitor General           Katlyn M. Miller, Assistant Attorney General.          Honorable Samuel R. White          Prosecuting Attorney          Office of the Nicholas County Prosecuting Attorney          203 Courthouse Annex          511 Church Street          Summersville, West Virginia 26651          Dear Prosecutor White:          You have asked for an Opinion of the Attorney General regarding the process for filling a vacancy for the position of director of the local Office of Emergency Services ("OES"). 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.          According to your letter, the Nicholas County Commission ("Commission") recently hired a director of the Nicholas County OES, who has now resigned. You explain that the Commission went through a "formal process" of posting an employment vacancy and soliciting resumes for the position of director of the Nicholas County OES. The Commission received a number of resume submissions, from which it selected an individual to hire as director. The individual accepted the job and began his duties, subject to a ninety-day "probationary period." During the new director's "probationary period," flood waters destroyed many parts of Nicholas County. On July 7, 2016, the individual opted to resign from the position, while still within the ninety-day "probationary period." Your letter does not explain the origin of the "formal process" or the "probationary period," and does not include or reference any specific laws or...