W.Va. State Senator-elect Seeks to Stay County Commissioner

A newly elected state senator wants to keep his job on the Harrison County Commission while serving in the Legislature.

A decades-old opinion from a former attorney general appears to say it’s prohibited, however.

Democratic Senator-elect Mike Romano still serves on the Harrison County Commission. He won his Senate seat in November and will take office Jan. 14.

In 1991, an opinion by former Democratic Attorney General Roger Tompkins determined one person could not serve simultaneously as a state legislator and county commissioner.

The opinion says that under state law, the positions are incompatible and would contravene public policy. It says the state Constitution may also prohibit it.

Last week, Romano told The Exponent Telegram he wants to remain a county commissioner to finish a few projects before resigning.