Multiple New Officials Will Lead Highest W.Va. Administrative Body

West Virginia Public Broadcasting has compiled a list of the newly elect Board of Public Works members who will help lead the state government once Morrisey takes office.

Updated on Friday, Nov. 8, 2024 at 12:30 p.m.

This January, a new group of public officials will helm the West Virginia Board of Public Works, the state’s highest administrative body.

The board is comprised of six elected officers: the governor, attorney general, secretary of state, auditor, treasurer and agriculture commissioner. The state superintendent is also a board member, but is appointed by members of the West Virginia Board of Education — who are themselves appointed by the governor.

This year, all but one of the elected incumbents sought new government roles.

Board members play a key role in decision-making surrounding state property and public utilities, according to the West Virginia Humanities Council website. They may also coordinate policy efforts with the governor.

That is a role that will be assumed by current Attorney General Patrick Morrisey, who was endorsed by President-elect Donald Trump. He will assume the governorship this January after winning 62.1% of votes, according to unofficial results from the secretary of state’s office.

All newly elect members of the board are Republicans. West Virginia Public Broadcasting has compiled a list of the incoming officers who will help lead the state government alongside Morrisey.


Attorney General: J.B. McCuskey

Republican State Auditor J.B. McCuskey will take over for Morrisey as attorney general. He has held his current role since 2016, during which he launched a website publicizing state financial information. Previously, he represented Kanawha County in the West Virginia House of Delegates.

“What we see is that people from D.C. and New York and California don’t want family-centered, traditional value states that depend on natural resources for their economy to be successful,” McCuskey said ahead of his May primary. “You have unelected bureaucrats throughout the federal government, overstepping their legal and constitutional bounds, in order to fulfill political ideologies.”

McCuskey won against Democrat Teresa Toriseva with 70.18% of votes, according to unofficial results from the secretary of state’s office. Total contributions to McCuskey’s campaign amounted to nearly $1.5 million.


Secretary of State: Kris Warner

Current Economic Development Authority Director Kris Warner will become the next secretary of state, taking over a role currently held by his brother, Mac Warner. Mac Warner leaves the seat after coming in fourth during the Republican gubernatorial primary.

“We face challenges from within our party, with individuals who do not share our beliefs,” Kris Warner’s Dec. 8, 2023 campaign launch read. “It’s crucial to stop these RINOs (Republicans in name only) from diluting our values and infiltrating our party.”

Kris Warner won against Democrat Thornton Cooper with 71.30% of the vote, according to unofficial results from the secretary of state’s office. Total contributions to Kris Warner’s campaign amounted to more than $182,000.


Auditor: Mark Hunt

Currently representing Kanawha County in the West Virginia Senate, Republican Mark Hunt will soon take McCuskey’s seat as state auditor.

Hunt unsuccessfully ran to represent West Virginia’s 2nd Congressional District as a Democrat in 2016, and lost a nonpartisan race for the West Virginia Supreme Court of Appeals in 2018.

Hunt’s campaign website outlines campaign goals of increasing government transparency, reducing fraud, stopping overreach and protecting tax dollars.

Hunt won against Democrat Mary Ann Claytor with 68.87% of votes, according to unofficial results from the secretary of state’s office. Total contributions to Hunt’s campaign amounted to nearly $90,000.


Treasurer: Larry Pack

Acting Secretary of the West Virginia Department of Revenue Larry Pack will advance to a more senior role as West Virginia’s chief financial officer after facing no Democratic opposition in this year’s race for state treasurer. He fills the role currently held by U.S. Representative-elect Riley Moore.

Decades before his name was on any ballot, Pack carved out an accounting and health entrepreneurship career in southern West Virginia. In 2020, he parlayed that experience into a spot on Kanawha County’s Republican ticket, and won a seat in the West Virginia House of Delegates.

His time in the West Virginia Legislature was cut short in 2022, when he stepped down to serve as a senior advisor to Gov. Jim Justice. Pack’s work with the governor’s administration secured his current appointment with the Department of Revenue in late 2023.

Pack’s platform included goals of reducing state spending, protecting the public pension system and promoting financial literacy, according to his campaign website. Pack also opposes investment decision-making based around environmental concerns, social issues and corporate governance.

Contributions to Pack’s campaign totaled more than $482,000.


Agriculture Commissioner: Kent Leonhardt

The only incumbent to remain on the board, Kent Leonhardt won re-election as the state’s agriculture commissioner for his third term. Leonhardt has expressed support for Morrisey.

Previously, Leonhardt represented Monongalia County as a state senator after retiring from the United States Marine Corps.

His campaign focused on bolstering agricultural development and livestock production, while also expanding food access.

Leonhardt won against Democrat Deborah Stiles with 62.29% of the vote, according to unofficial results from the secretary of state’s office. Contributions to Leonhardt’s campaign totaled nearly $270,000.

Editor’s Note: This story was updated to include a photograph of incoming Secretary of State Kris Warner rather than the outgoing Sectary of State Mac Warner.

Attorney General Candidates Discuss Priority Issues

As the chief legal officer for West Virginia’s citizens, state office holders, agencies and boards, the attorney general’s (AG) responsibilities cover the legal gamut. So, where do the candidates stand?

As the chief legal officer for West Virginia’s citizens, state office holders, agencies and boards, the attorney general’s (AG) responsibilities cover the legal gamut.  

The four candidates in the upcoming primary races for AG have diverse views on how those responsibilities should be handled – and prioritized.  

In balancing legal precedents when it comes to fossil fuels and the advancement of renewable energy, Wheeling attorney Teresa Toriseva, a Democratic attorney general candidate, does not take sides. She said following the law is the AG’s job.

“The way you do that is advocacy, following the law and advocating for changes in the law where appropriate,” Toriseva said. “Using the court system where appropriate to make sure that West Virginia’s interests are protected. That, in a transition that’s going to happen naturally or forced by the federal government, whatever the case may be, that West Virginians are heard and protected.” 

Republican AG candidate, State Auditor J.B. McCuskey, does take sides in state legal energy precedents. He said natural resource energy development is key to America’s power independent future.

“Renewable energy advancements are part of the private marketplace, and if people want to invest in those kinds of resources, that’s fine,” McCuskey said. “But, at the end of the day, the United States cannot run without coal and natural gas. I believe that the future for this country and specifically in West Virginia, will be way better served if we are making electricity as quickly and as vociferously as possible, with the natural resources that we find under our feet.”

AG candidate Sen. Mike Stuart, R-Kanawha, and former U.S. Attorney for West Virginia’s Southern District, strongly advocates legal support for fossil fuels over a renewable energy grid he said is still young and overly protected by federal overreach.

“I’m not against renewables, but the science doesn’t match up with the expectations of renewable energy,” Stuart said. “We’re hitting natural gas, we’re hitting coal, we’re hitting the power plant industry awfully hard. We’re taking offline traditional energy sources, while preferring green energy sources, and it can’t keep up. If we continue on the current track, the trajectory we’re on, we’re going to have rolling blackouts, even in places like West Virginia, in which the ground beneath our feet is loaded with natural resources. We need to be smart about this. I certainly expect in the future renewables will play a bigger role in the energy production of this country and in places like West Virginia, but we’re not there yet.”

Renewables have become a bigger part of the nation’s energy mix, surpassing coal. They produce no carbon emissions and are the lowest cost form of electricity. Storage batteries, including the ones that will be built by Form Energy in Weirton, help make renewables more reliable by storing the power they generate for when it’s needed. Natural gas, though, remains the dominant fuel for U.S. electricity.

In combating the illegal drug epidemic. Democratic AG candidate Richie Robb, a Vietnam veteran and former eight-term South Charleston mayor, said state attorneys general must partner with the federal Department of Defense to change a war on drugs to a war on drug terrorism.  

“The military monitors arms shipments around the world, certainly that expertise can be employed to monitor illegal drug shipments as well,” Robb said. “In cooperating with other countries, instead of waiting to apprehend drugs, after they’re already in the United States, or even trying to apprehend those same drugs on the border, my proposal would be to stop the drugs at the source much the same way we do with terrorism.”

Toriseva puts second amendment rights and reproductive rights together. She said it’s not the job of the AG’s office, or the government, to tell people how to live. 

“I have the same position on a woman’s right to choose as I do on the Second Amendment and my right to carry a firearm, and that is I’ll decide,” Toriseva said. “I do not need the government in my doctor’s office, I do not need the government in my gun safe.” 

McCuskey said no one has faced more onerous federal regulation than West Virginia farmers. As AG, he vowed to continue fighting for farmers’ rights.

“Agriculture is going to be an enormous driver of West Virginia’s economy going forward,” McCuskey said. “It’s not just from a food production standpoint, but also from a tourism standpoint, allowing our farmers to showcase what they do in a way that drives new visitors to West Virginia, but also ensures that that not just West Virginia, but the entire East Coast has food security, and that the food that we eat is known to be safe and secure.”

Robb said consumer fraud is rampant on many levels, highlighting the rise of artificial intelligence. He wants to create an AG fraud tip-line.  

“With the current Consumer Protection Office, the present attorney general, in his publicizing that service, it’s been woefully inadequate,” Robb said. “It needs to be publicized. The reason for a tip line is many people, particularly insiders, are afraid to openly report wrongdoing. An anonymous tip line will enable them to do that.”

Stuart said his AG’s office will be proactive in creating veteran’s courts and expanding veteran’s outreach.  

“Many times they don’t even know the resources that are available to them,” Stuart said. “Substance abuse, homelessness, all the problems that plague society, plague our veterans at even a higher clip than the standard demographic breakdown of our communities. They deserve our support. Veterans’ courts are intended to do this. We want them to get the services that they need for mental health, physical health. We need to do all we can to make sure veterans get every break they can to try to re-acclimate into society.”

State Recovers Nearly $1 Million From Check Fraud Scheme

State officials report that more than $1 million was stolen from the Department of Health and Human Resources in a check fraud scheme. Roughly 85% of the stolen funds have been recovered so far.

State officials recovered more than $966,000 from a fraud scheme involving paper checks and a state agency, according to state Auditor JB McCuskey during a Friday press conference.

After the Department of Health and Human Resources (DHHR) sent more than $1 million in checks to a Texas vendor, it was soon intercepted as part of a fraud scheme.

Fraudsters now under investigation used a chemical agent to remove the vendor’s name from the DHHR’s checks and redirect the funds to their own accounts.

Details on the incident — like the individuals responsible, and a timeline on when the fraud and investigation occurred — remain scarce, because McCuskey said the investigation remains ongoing.

So far, approximately 85 percent of the stolen funds have been recovered by McCuskey’s office, alongside investigators with the state treasurer’s office, the U.S. attorney’s office, the governor’s office, the West Virginia State Police and Truist Bank.

Agencies involved in the investigation described the recovery of stolen funds as a success story, but one that points to deeper concerns.

“Unfortunately, in the world we live in, there are a lot of fraudsters. They are very creative,” said Truist Regional President Patrick O’Malley. “It continues to be the number one risk in the banking industry.”

McCuskey said that particular risk to the state comes from the use of paper checks to transfer large amounts of money. These can be more easily redirected by outside parties, he said.

Since taking office in 2017, McCuskey said he has made a concerted effort to reduce the number of paper checks sent by state agencies. On Friday, he urged current state officials to consider opting for electronic forms of payment instead.

“If you haven’t signed up for electronic funds transfer, please do so,” he said. “You’re actually doing yourself a favor. But more than that, you’re doing the taxpayers of West Virginia a favor because it makes our jobs in finding fraud much, much easier.”

United States Attorney for the Southern District of West Virginia Will Thompson said that instances of check fraud have been growing nationwide.

“It’s happening with obviously the state of West Virginia, but it’s also happening in private industry and private individuals,” he said. “I want to make people aware of it.”

Thompson said his office will continue to pursue a criminal investigation into the perpetrators of the fraud. He has not yet provided a timeline for the investigation or said what charges will be filed.

W.Va. State Auditor McCuskey Exits Governor’s Race, Enters 2024 Attorney General Campaign  

State Auditor J.B. McCuskey announced Monday he has dropped out of the governor’s race and is now running for attorney general.

State Auditor J.B. McCuskey announced Monday he has officially dropped out of the governor’s race and is now running for attorney general. 

In changing campaigns, the former delegate and two term state auditor said he realized he was behind in the polls and fundraising in a primary race for governor that included a U.S. Senator’s son, Del. Moore Capito, R-Kanawha, businessman Chris Miller, current Attorney General Patrick Morrisey and current Secretary of State Mac Warner. McCuskey said seeking the AG’s office was a better goal.  

“I looked at the offices,” McCuskey said. “I believe that the combination of my experience as the executive of one of the largest constitutional offices in the state of West Virginia, with my extensive legal background, makes me an ideal candidate to be the next attorney general.”

McCuskey says his nearly $700,000 campaign war chest stands strong in running against the other republican AG candidates, State Sens. Ryan Weld, R-Brooke, and Mike Stewart, R-Kanawha. He came in fourth in fundraising for the governor’s race, showing $412,083 cash-on-hand. 

That’s a good deal more than his two AG primary opponents. 

Stating he’s a strong and principled conservative, McCuskey said the AG’s office acts as the state’s lawyer for all of the agencies, all of the boards and commissions, and all the constitutional officers.

“As the person that managed all the finances for every single one of those agencies,” he said. “Often dealing in the legal realm as to what is legal and what is possible, I think that being the state’s lawyer with all those relationships is going to be a huge help.”

McCuskey said he wants “to continue what Patrick Morrisey has accomplished over his time as attorney general that has been wildly successful.”  He said his campaign will focus on being a consumer protection advocate, civil rights protector, criminal justice reformer and empowering the state’s public defender service.

“We have worked long and hard in our office to make sure that they’re getting paid very quickly,” McCuskey said. “We need to make sure that we’re paying them appropriately so that we can have a great public defender’s office to ensure all of those duties are running smoothly.”

J.B. McCuskey lives in Charleston, with his wife Wendy, and daughters Martha and Charlotte. 

Senator Asks Feds For CARES Money Investigation

Senate Finance Committee Chairman, Sen. Eric Tarr, R-Putnam, is questioning if Gov. Jim Justice has violated federal law and has requested the federal Office of the Inspector General to investigate.

Updated on Monday, March 20, 2023 at 5:50 p.m.

Senate Finance Committee Chairman, Sen. Eric Tarr, R-Putnam, is questioning if Gov. Jim Justice has violated federal law and has requested the federal Office of the Inspector General to investigate. 

At issue is the movement of $28,375,985.43 in CARES Act funding to a special account controlled by the governor’s office for non-COVID-19 related expenses. 

Congress passed the Coronavirus Aid, Relief, and Economic Security Act in 2020 at the beginning of the pandemic to provide aid to individuals struggling with job loss. The state of West Virginia received $1.25 billion in aid as well, but it came with stipulations on how the state could spend the money as well as time limitations. 

In a Senate Finance Committee meeting on Feb. 3, during the regular session of the West Virginia Legislature, the governor’s chief counsel, Berkeley Bentley, explained that the governor approved the transfer of the money to his discretionary fund. 

Testimony indicated the money was to be used for COVID-19-related expenses for the Department of Corrections and Rehabilitation. Jeff Sandy, the secretary of the Department of Homeland Security, testified that prior to this transfer, the department did have COVID-19 expenses, but it had already been reimbursed for that expense. After that transfer, only an additional $280,721 was transferred to the Department of Corrections. 

State Auditor J.B. McCuskey testified that the transfer was unusual for its type and amount for this fund. Previously, the largest transfer into the fund was $250,000. One of the most notable uses of the money was $10 million to Marshall University for the baseball stadium. 

Tarr sent his letter to the Office of the Inspector General in Washington, D.C. asking for a response regarding concerns about the ethics, legality and risk of any future clawbacks of the money by the federal government. 

In an emailed statement from the governor’s office, Press Secretary C.J. Harvey said, “This letter is simply a regurgitation of old news. Unfortunately, Senator Tarr can’t let it go. The Governor’s Office firmly believes that all transactions involving the use of CARES Act funds were legal and appropriate. Decisions on the use of funds were made with the advice of legal counsel and two national CPA firms, including one who completed an independent audit and found no issues.”

Senate Finance Investigates Governor’s Donation To Marshall For New Baseball Stadium

The Senate Finance Committee wants to know how $10 million in CARES money ended up being donated by Gov. Jim Justice’s administration to Marshall University for its new baseball stadium. 

The Senate Finance Committee wants to know how $10 million in CARES money ended up being donated by Gov. Jim Justice’s administration to Marshall University for its new baseball stadium. 

The money was donated to the university from the governor’s Gifts, Grants and Donations Fund, and was transferred into that account days before the federal deadline to spend CARES funds.

Senate Finance Chair Sen. Eric Tarr, R-Putnam, questioned why a total of $28 million of CARES money was transferred to the gifts account in the first place, given the qualifying expense for the money was listed as the Division of Corrections and Rehabilitation. 

“I understand that we still have National Guard in our corrections facilities and we have 1,000 FTEs [full-time employees] unfilled in our corrections facilities and we have a request for a $200 million deferred maintenance to go to corrections,” Tarr said. 

“We’re under that state of emergency right now, and when you transfer the last $28 million, which doesn’t come close to covering any of those corrections expenses, the governor decides to put it into a discretionary account and then start putting AstroTurf on baseball fields. I want to ask you what part of that is appropriate,” Tarr said to Berkeley Bentley, general counsel to Justice.

Bentley told the committee that as special federal revenue, the money could only be transferred into a special revenue account.

“When the state reimburses itself, there is no direction under federal law or state law that directs where that money goes. It could not go into the governor’s civil contingent fund, rather it had to go to a special revenue account, and the most likely candidate was the gifts and grants fund,” Bentley replied.

“And ultimately a baseball field,” Tarr said.

Earlier this week, the Senate Finance Committee heard directly from the Division of Corrections and Rehabilitation about their $200 million deferred maintenance costs, including at least $27 million worth of locks that need to be replaced across the system.

Bentley told the committee that the transfer was made to officially spend the CARES money by the Sept. 30 deadline, and avoid returning the money to the federal government. Once the qualifying expense was paid, he said the state can use those funds for any legal purpose. 

“We spent $1.25 billion. We did that, and we transferred it out. It’s no longer CARES, but the money is still available for any lawful purpose,” Bentley said. “The money was transferred over to pay the invoices we hadn’t received yet, not timely, what have you, but it’s also available for any other purpose that is legal under state law, no longer subject to the CARES Act requirements.”

Tarr also called on State Auditor JB McCuskey to discuss the process around the fund transfer. Under questioning from Tarr, McCuskey categorized the requested transfer of funds as “unusual.”

“We were working with cities and counties a lot to try to make sure that they were able to obligate their funds legally to ensure that the money that was given to us was spent on things that were legal,” McCuskey said. “Our office processes thousands of transfer requests a week probably … but this was a large number. And I was unfamiliar with the fund, but prior to that request, and you know, pretty obviously the name of it, it pops out pretty quickly.”

When asked why his office approved such a large and unusual transfer request, McCuskey said the governor’s office provided detailed opinions on the legitimacy of the transfer from global accounting firm BDO and the law firm Bailey Glasser. 

“We can’t supplant our legal opinion of what their appropriations are if there’s a rational basis for them, and it was close,” McCuskey said. “We decided at the end of the day, it was better to make sure that effectuated what the governor’s office wanted, but to keep a record and an accounting of what happened and why.”

The meeting ended with the Senate Finance Committee agreeing to request more information on the COVID-19 money transfer from the Office of the Inspector General, as well as the Department of the Treasury.

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