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2008 Op. W. Va. Att'y Gen. 1 (2008)

handle is hein.sag/sagwv0051 and id is 1 raw text is: 




                                    STATE OF WEST VIRGINIA
                              OFFICE OF THE ATTORNEY GENERAL
DARRELL V. McGRAW, JR,                CHARLESTON 25305                             (304) 55&-201
ATTORNEY GENERAL                                                                FAX (304} 5585-140
                                          July 16, 2008






     David G. Edwards, DDS, President
     West Virgimia Board of Dental Exaniners.%-0
     P.CO Box 1447
     Crab Orchard, West Virginia 25827-1447

            Re:   Applicability of the Discretionary Salary Increase Freeze rZ
                  to the Board of Dental Examiners

     Dea Dr. Edwards:

            On April 8, 2008, your predecessor, Dr. James W. Vargo, DDS, requested an opinion of the
     Attomey General on the following legal issue:

            The question anses as to whether or not the Governor's Office may effectively
            control (he Board's exercise ofits authonity over its budget and the Board's auhonity
            to set the compensation ofits employets. In other words, may the Governor's Office
            refuse to allow the Board to gTant discretionary salary increases to its empldyes?

            The genesis of this request was a statement made to the Executive Director of the West
     Virginia Board of Dental Examiners by a member of the Governor s staff, that any discretionary
     raises for the Board's staffwould not be approved by the State Budget Office and thus could not be
     inmpleme.nted. The staff member's statement was based on a memorandum of April 29, 2005,
     hereinafter referred to as the freeze memo, signrd by the individual designated as the Gvemor's
     chief of staff and addressed to cabinet secretafes.

            For the reasons discussed herin, it is the opinion of this office that the Board is not bound
      by the fteeze on discretionary salary increases.

                                  The Board of Dental Examiners

            The Bo-rd is created and governed by the West Virginia Dencil Practice Act, West Virgin a
      Code §§ 304-1 et seq. The Governor appoints the members of te Board, who thereafter may only

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