Monongalia County Seal

General Information



Duties and Responsibilities

The Constitution of the State of West Virginia provides certain powers to the County Commission, but these powers are limited to “the manner prescribed by law”. This means that the County Commissions’ powers must be expressly conferred by the Constitution or by acts of the Legislature.

With respect to the powers of the County Commission, the Constitution, Section 11, Article 9, specifically grants the following powers and duties to County Commissioner:

The custody, through their clerks, of all deeds and other papers presented for record in their counties, with responsibility for their preservation or disposal as may be prescribed by law;

The administration of the internal police and fiscal affairs of their counties, with authority to lay county levies, under regulations as may be prescribed by law;

Serve as the judge of elections, overseeing the proper conduction of the election and confirming results by canvassing. If records are requested, the commission conducts the procedure;

County commissions have no jurisdiction over any of the municipalities such as Blacksville, Granville, Morgantown, Star City or Westover, with the exception of approving petitions for minor boundary adjustments.

The Commission neither owns nor repairs any roads; however they may authorize the closing of a road or street that is found to be unused and not within a municipality. This process is done by petition, usually with the owner of the property involved.

General duties of the County Commission as set forth in the West Virginia Code, Chapter 7, Article 1 Sections 1 through 13 include:

Preparation and adoption of a budget for all county offices in the Courthouse, except judges and magistrates;

Lay the levy (setting the tax rates) based on assessed property values, thus providing a specific amount of taxes to be collected for the general operation of the county;

Ownership and maintenance of numerous county properties;

Sit as a Board of Review and Equalization in February of each year to hear appeals on property values for assessment purposes and make adjustments if necessary;

Appoint members of certain county boards, authorities and public service districts;

Prepare and adopt ordinances for the protection, safety and well being of the people of the County;

Grant approval of purchase orders and payment vouchers for all county elected officials except for judges and magistrates.

Chapter 7 of the West Virginia Code sets forth their duties and responsibilities in a more specific manner. Listed are the headings of each article:

Article 1.County Commissions Generally.
Article 2.County and District Boundaries; Change of County Seat and Names of Unincorporated Towns and of Districts.
Article 3. County Property.
Article 4. Prosecuting Attorney, Rewards and Legal Advice.
Article 5. Fiscal Affairs.
Article 5A. Loans From Governmental Agencies to Liquidate Certain Indebtedness.
Article 6. County Depositories.
Article 7. Compensation of Elected County Officials.
Article 8. Jail and Jailer.
Section 9. County and City Workhouses.
Article 10. Humane Officers.
Article 11. County Parks and Recreation Commissions.
Article 11A. Museum Commissions.
Article 11B. West Virginia Tax Increment Financing Act.
Article 12. County and Municipal Development Authorities.
Article 12A. Maintenance Associations.
Article 13. Economic Opportunity Programs.
Article 14. Civil Service for Deputy Sheriffs.
Article 14A. Deputy Sheriff’s Tort Liability.
Article 14B. Civil Service for Correctional Officers.
Article 14C. Deputy Sheriffs; Procedure for Investigation.
Article 14D. Deputy Sheriff’s Retirement System Act.
Article 14E.Establishment of Certain Fees; Dedication of Fee To Deputy Sheriff’s Retirement System.
Article 15. Emergency Ambulance Service Act of 1975.
Article 16. County Solid Waste Authorizes.
Article 17. County Fire Boards.
Article 18. Hotel Occupancy Tax.
Article 19. County Linked Deposit Program.
Article 20. Fees and Expenditures for County Development.
Article 21. County Financial Stabilization Fund Act.
Article 22. County Economic Opportunity Development Districts.
Article 23. Local Government Flexibility Act.

The West Virginia Code can be accessed by logging on to www.legis.state.wv.us