Hancock County Commission May Bring Legal Action Against Animal Shelter Funds | News, Sports, Jobs

Craig Howell DISCUSSION – The Hancock County Commission convened for its regular meeting Thursday in the county courthouse. Officials are discussing a possible lawsuit over unused revenue from a previous levy in support of the county animal shelter. The matter will be considered at a meeting of the special committee next week.

NEW CUMBERLAND – The Hancock County Commission may soon file a lawsuit over the use of unspent revenue from an old levy in support of the county animal shelter.

Towards the end of Thursday’s regular committee meeting, Deputy County Attorney Mike Lucas, who acts as legal counsel to the committee, announced he would file an application for the county to seek judicial approval. From the use of approximately $ 300,000 raised through an approved shelter tax in 2016, the same year the commission decided to terminate its contract with the former Hancock County Animal Shelter Foundation to operate the county-owned shelter .

“I have been researching this subject for some time”, Lucas said, explaining that the COVID-19 pandemic has delayed some action, but he has been working with representatives from the West Virginia auditor’s office to see what is possible.

Lucas explained if the commission approves the measure, and if a judge agrees, the $ 300,000 would go towards the current tax; in essence, which means that no additional income on the current levy would be collected from county taxpayers until the funds are spent.

West Virginia Attorney General Patrick Morrisey issued an opinion in 2017 advising the commission to set aside and find a way to return the funds to taxpayers.

In his 2017 opinion, Morrisey said counties cannot use taxes for private purposes; therefore, the non-profit animal shelter foundation “can no longer claim the remaining funds due to the termination of his contract.”

In addition, Morrisey said in 2017, the direct debits “Made no arrangements for the use of the funds by the county in the event the non-profit organization ceases to operate the shelter.” This leaves Hancock County without the authority to spend the funds on its own shelter. “

Lucas, however, said he believed it would not be possible to reimburse residents directly.

“This will be administratively and fiscally impossible”, he said.

The current levy was approved by voters in 2020 and is in effect until June 30, 2023.

Lucas noted that a county resident recently filed a Freedom of Information Act request regarding the funds.

The matter is expected to be brought to the committee for consideration at a special meeting at 9:30 a.m. on July 14 in the committee’s meeting room.

In other business on Thursday, the committee:

• Agreed to apply for a grant through the West Virginia Courthouse Facilities Improvement Authority, with plans to use the funds for work on the roof of the courthouse.

• Approval of a contract with Lauttamus Communication for the second phase of the county microwave communications project.

• Contract approved with Edmiston LLC for grant writing services, effective Thursday at a cost of $ 14,500.

• Approved a letter of authorization with the State Alcoholic Beverage Control Administration to allow a private event, Hoot ‘N Annie in the Woods, to be held with the sale of alcohol on private property, from August 20 to 22. Commission President Paul Cowey said the measure was a formality

because the commission is required to inform the WVABCA of such events.

• Approved the hiring of Monica Sprouse as a part-time dispatcher at the County 911 Center; Barry Rosen’s acceptance to join the Hancock County Sheriff’s Reserves; and the hiring of Nichola Jackson as a part-time employee of the county animal shelter.

• Approved the addition of a certificate of resolution to the county link with United Bank.

(Howell can be reached at [email protected], and followed via Twitter @CHowellWDT)