Jones v. Rockefeller

303 S.E.2d 668, 172 W. Va. 30
CourtWest Virginia Supreme Court
DecidedMay 23, 1983
Docket15783 and 15863-15865
StatusPublished
Cited by19 cases

This text of 303 S.E.2d 668 (Jones v. Rockefeller) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Rockefeller, 303 S.E.2d 668, 172 W. Va. 30 (W. Va. 1983).

Opinions

McHUGH, Justice:

These actions, No. 15783, No. 15863, No. 15864 and No. 15865, are before this Court upon petitions in mandamus which seek publication of the West Virginia budget bill for fiscal year 1983-84 as enacted by the West Virginia Legislature and without subsequent budgetary reductions by the governor relating to Spencer Hospital. By orders entered on March 31, 1983, this Court issued rules directing the respondents to show cause why relief should not be awarded against them. These actions were later consolidated for argument and submission to this Court. This Court has before it the petitions, the consolidated response, all matters of record, the briefs, the amicus curiae brief and argument of counsel.

Spencer Hospital, located in Roane County, West Virginia, is a state hospital established under W.Va.Code, 27-2-1 [1977], and controlled by the West Virginia Department of Health. It was initially established prior to 1900. See W.Va.Code, ch. 58, sec. 1 [1891]. The petitioners seek to prevent the governor from either closing Spencer Hospital or substantially curtailing its services. The petitioners include a number of patients and patient representatives of Spencer Hospital, employees of Spencer Hospital and various Roane County community leaders. The respondents include John D. Rockefeller IV, Governor; L. Clark Hansbarger, Director of the Department of Health; Desmond Byrne, Superintendent of Spencer Hospital; Arnold Margolin, Director of the Department of Finance and Administration, and Donald L. Kopp, Clerk of the House of Delegates of the West Virginia Legislature.

As indicated below, various proceedings have occurred before this Court concerning Spencer Hospital.

THE ORDER OF FEBRUARY 9, 1983

On January 12, 1983, the governor in his State of the State address, announced that as a result of poor national and state economic conditions, he would reduce state agency expenditures by ten per cent, with the exception of expenditures for public education which would be reduced by four per cent. In that address, the governor stated that such a reduction in state spending would, inter alia, result in “the permanent closing of Spencer State Hospital and the transfer of 300 patients to our other state health institutions....”

The ten per cent general reduction in state agency expenditures and the four per cent reduction in expenditures for public education related to fiscal year 1982-83. Those reductions were confirmed by the [33]*33governor by Executive Order No. 4-83, dated January 13, 1983.1

The record indicates that in response to the governor, the West Virginia Senate on January 14, 1983, adopted Senate Resolution No. 8 which urged the governor to delay the closing of Spencer Hospital and the transfer of patients “until the Legislature has had an opportunity to examine alternatives.... ”

Subsequently, actions in mandamus were filed in this Court by various individuals including employees and patient representatives of Spencer Hospital seeking the continued operation of that facility. Those actions resulted in the February 9, 1983, order of this Court in which, upon the basis of DeVault v. Nicholson, 170 W.Va. 719, 296 S.E.2d 682 (1982), this Court directed the respondent governor and others to “operate and maintain Spencer State Hospital at the level of services as required by law, until such time as the Legislature by proper enactment shall direct otherwise....”2

THE ORDER OF APRIL 27, 1983

During the 1983 session of the West Virginia Legislature, bills were introduced in both the House and Senate authorizing the closing of Spencer Hospital. Those bills were unsuccessful.

On March 4, 1983, the legislature approved a supplemental appropriation bill, designated Senate Bill No. 252, appropriating $1,500,000 to Spencer Hospital for the balance of the 1982-83 fiscal year. The governor did not veto that supplemental appropriation. That appropriation consisted of $1,063,675 for personal services; $409,225 for current expenses; $16,700 for repairs and alterations and $10,400 for equipment.

On March 31, 1983, the present actions, No. 15783, No. 15863, No. 15864 and No. 15865, were filed in this Court. In these actions, the authority of the governor to close or substantially curtail services at Spencer Hospital by way of the budgetary process is challenged. The actions are primarily concerned with the budget bill for fiscal year 1983-84.

With respect to fiscal year 1982-83, however, this Court, by order entered on April 27,1983, granted relief to the petitioners in these actions comparable to the relief granted by this Court in its order of February 9, 1983. Noting (1) that the Legislature declined to authorize the closing of Spencer Hospital, (2) that the Legislature passed a $1,500,000 supplemental appropriation designated Senate Bill No. 252 for the continued operation of Spencer Hospital, and (3) that the governor declined to veto Senate Bill No. 252, this Court in the April 27, 1983, order directed the governor and others to “operate and maintain Spencer Hospital at the level of services contemplated by this Court in its order of February 9, 1983, and as required by law, through June 30, 1983.3

THE BUDGET BILL — FISCAL YEAR 1983-84

On March 16, 1983, the last day of its 1983 Regular Session, the West Virginia Legislature passed Enrolled Committee Substitute for House Bill No. 1150, the budget bill. That budget bill, applicable to [34]*34fiscal year 1983-84, contained Account No. 4160 entitled “State Health Department— Mental Hospitals.”

Account No. 4160, as passed by the legislature, contained an appropriation of $25,-302,747 for state mental hospitals, including Spencer Hospital. That appropriation included $18,503,471 for personal services; $5,984,063 for current expenses; $276,220 for repairs and alterations; $247,240 for equipment; $71,782 for the student nurse affiliation program (Huntington); and $219,971 for the psychiatric training center — student nurses (Weston).4

Later that day, March 16,1983, the legislature adjourned sine die. The budget bill was presented to the governor on March 18, 1983. W.Va. Const., art. VI, § 51 D(ll). The governor thereafter filed in the office of the West Virginia Secretary of State (1) the budget bill containing the governor’s reductions of, inter alia, certain appropriations relating to Account No. 4160 and (2) the governor’s message, dated March 21, 1983, concerning those budgetary reductions.5

With respect to Account No. 4160, the governor in the margin of the budget bill changed the appropriation of $25,302,747 for “State Health Department — Mental Hospitals” to $24,083,405. Specifically, that account, as changed by the governor, included $17,772,599 for personal services; $5,569,828 for current expenses; $241,220 for repairs and alterations; $208,005 for equipment; $71,782 for the student nurse affiliation program (Huntington); and $219,971 for the psychiatric training center — student nurses (Weston).

The March 21, 1983, message of the governor, filed with the budget bill in the office of the secretary of state, contained an introduction which stated, in part, as follows:

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Jones v. Rockefeller
303 S.E.2d 668 (West Virginia Supreme Court, 1983)

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Bluebook (online)
303 S.E.2d 668, 172 W. Va. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-rockefeller-wva-1983.