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Kessler Calls On Tomblin to Support Dem Caucus

by: Clem Guttata

Tue Dec 21, 2010 at 17:09:14 PM EST


Posted by Clem Guttata

From an email:

Today state Senator Jeff Kessler (D-Marshall) called on acting Governor Earl Ray Tomblin (D-Logan) to publicly announce his support of the clear and decisive will of the majority of the members of the Democratic caucus as expressed by their votes taken on December 13th.

In a closed door meeting between Tomblin and Kessler on December 16th, Tomblin agreed to issue a public acknowledgement of his support for the caucus decision; however to date, none has issued. " I ask that the acting Governor come forward now to clearly and unequivocally clarify his position" Kessler states.

During a long caucus with spirited debate, a majority of members (by a vote of 16- 12) voted to support the adoption of Senate Rules which will permit the members of the Senate to elect, rather than Tomblin appoint, a presiding officer to lead the body. The members further voted to elect Kessler to serve in the role of "acting President" assuming Tomblin is chosen as President which would trigger his immediate departure from the Senate floor.

Those numbers have now grown to a 17 to 11 advantage among caucus members who support the "right to vote" position. Kessler's supporters are adamant in their "right to vote" for the Senate leader who will actually guide the 80th Legislature which begins on January 12th.

The majority's position will preserve and protect the West Virginia Constitution by eliminating any potential for the exercise of control over the Senate--one of the two legislative branches-- by the executive branch of acting Governor Tomblin. Kessler maintains that such consolidation of power in the hands of one individual is improper, unprecedented and unconstitutional.

Kessler states "That by a convincing margin, the caucus has spoken. We won this vote "fair and square. It is now time for the non prevailing Democrat members and leaders to acknowledge those results, join together and permit the Senate to organize in preparation to serve our citizens during the upcoming legislative session. West Virginia has a sad and storied history of election shenanigans whereby the losers have attempted to reverse, manipulate and/or steal an election. Those days have no place in West Virginia politics ever again! The future of West Virginia depends on an honest and courageous break from any past practices that have only served to stigmatize and hold us back! It is a New Day in West Virginia and the principled members of the caucus who have bravely stood up are ready, able and willing to take West Virginia to the next level. "It is not only our time," Kessler says "Its high time to do so."

Update: For those who haven't been following this story day to day, here's the best I can figure out what's going on.

The position of Senate president is important because they pick the committee chairs and have huge influence on what pieces of legislation end up being voted on.

The current Senate rules have the Sen. president (now acting Gov.) picking the 2nd in command (now acting Sen. president). With no elected Gov. in WV, that leaves a lot of power over two branches of govt. in the hands of a single person.

The Dem. caucus came up with a solution of having the 2nd in command--who will be serving as acting Sen. president--voted on by entire caucus rather hand-picked by Sen. president.

Whenever a caucus leader ignores the will of the majority of their caucus, they risk a leadership battle. The stakes now are higher than usual.

If Tomblin loses the support of too many Dem caucus members, it is possible that someone else could be elected as Senate President when the leg. convenes, thus putting someone else in the position of acting Gov.

Further Update: Someone asked me the best way to express their opinion on this topic. Contact Tomblin's office:

Room 227M, Building 1
State Capitol Complex
Charleston, WV 25305

Phone: (304) 357-7801
senate.president@wvsenate.gov

Clem Guttata :: Kessler Calls On Tomblin to Support Dem Caucus
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not so veiled threat? (4.00 / 1)
This really stands out to me, "the members further voted to elect Kessler to serve in the role of 'acting President' assuming Tomblin is chosen as President which would trigger his immediate departure from the Senate floor."

Is there any chance Tomlin could lose the vote for Senate President in January? It's certainly the state Senate's prerogative to vote for it's President, and, thus, the acting Gov.

There's no iron-clad guarantee that's going to be Tomblin, is there?


It's about time for a change, this has been coming for a while. (4.00 / 1)
Fine by me.

Amen! (0.00 / 0)
It would be nice to see some decent legislation actually get through the Senate for a change.

[ Parent ]
Right to Vote (0.00 / 0)
This is a good move by Sen. Kessler - particularly framing it as the "right to vote" position.  Sen. Chafin and the others who apparently oppose Sen. Kessler have been issuing press releases, despite saying how the caucus was supposed to be a private affair. It's a good move for Sen. Kessler to keep the pressure up.

If Kessler's team has 17 votes, only one more is needed not only to make him not only Acting President, but actually Acting Governor.  That's a lot of influence to wield in bringing others on board.  It's a game of chicken that Tomblin and his team may not want to play for too long.

Chafin et al are trying to frame it as an attempt by Kessler to become Governor, but I think it's an attempt to preserve the integrity of the Senate. Something our departed Sen. Byrd would strongly support. Since it was Sen. Byrd's death that set these events in motion, I think we should do things in a manner he would support.  A strong Executive must be balanced by a strong and independent House and Senate.

In a good conversation everyone speaks.  In a great conversation some even listen.


Where does Brooks McCabe stand in all this? (0.00 / 0)


[ Parent ]
McCabe (0.00 / 0)
McCabe is a part of the original Kessler 16

[ Parent ]
Thanks, while looking for that list I read in the Beckley paper (0.00 / 0)
one of two attorneys, Palumbo or Chafin, would be judiciary chair.  Do you have to be an attorney to be chair?  I know you don't have to be one to on the committee.

[ Parent ]
chafin? (4.00 / 1)
Unless a serious deal struck, I cannot see Kessler giving Chafin anything.  Chafin has publicly berated Kessler and questioned his intentions.  I'd lean toward Palumbo.

[ Parent ]
This will be a real changing of the guard. Exciting times for (0.00 / 0)
WV Senate.

[ Parent ]
Speculation is McCabe would be Finance Chair (0.00 / 0)
If/when Kessler becomes Acting President.

In a good conversation everyone speaks.  In a great conversation some even listen.


[ Parent ]
What a good job he would do. (0.00 / 0)


[ Parent ]
Nice move on Ron Miller's part. (0.00 / 0)
Kudos to Senator Kessler, very well played.

Tomblin, Chafin, and Helmick always seem a bit tawdry to me.  Tomblin and all that greyhound money, ick.


Of paramount importance (0.00 / 0)
Of paramount importance in this process is ensuring absolutely no constitutional violations and conflicts of interest. For all intents and purposes, severing the Acting Governor's authority in the Senate chamber (especially in the adoption and signing of legislation) is the best course of action. By doing so, it helps ensure separation of powers and independence among the branches of State Government. It further alleviates many of the possible legal challenges to any laws enacting while the Acting Governor remains Acting Governor.

A few points (0.00 / 0)
Does it matter at all that Tomblin has been following the constitution and succession laws?  Does it matter that he is more qualified to be governor than Kessler, Thompson, Tennant, and the rest?

I think it should matter.

Well played by Kessler?  I guess maybe on some reality show on MTV.


What makes Tomblin more qualified? (4.00 / 2)


[ Parent ]
More Qualified (0.00 / 0)
His years in the legislature.  He knows state government inside and out.  He has expertise in the coal industry.  He has business acumen.  He is extraordinarily smart.  He understands that education is the key to most of our problems.

[ Parent ]
Opinions, opinions, everywhere (4.00 / 3)
If that is your opinion that is fine.  Don't pass it off like it is the gospel though.  It could be argued that Tomblin is a less charismatic Manchin and while Tomblin is smarter than Manchin I don't count on him using those smarts to move the State forward.

Tomblin has shown himself to have poor decision making skills in this entire situation.  Changing all the signs in the State is costly but he was sure to do that, noting himself as Governor Tomblin, not acting Governor.  I think it is disrespectful to the voters to have the arrogance to call yourself the title of an elected position to which you have not been elected.

Beyond that, your post is a distraction anyway because the real issue is separation of powers.  Tomblin can't be Senate Prez and Governor.  


[ Parent ]
positive case (4.00 / 1)
James -- Thank you for making a positive case for Senate President and acting Gov. Tomblin as an elected Gov.

Can you please expand some more on what his expertise is in the coal industry. How will that help the state moving forward?

What are some examples of how Tomblin has used that expertise to develop legislative solutions for the wrenching transition our state has ahead to move to a post-carbon-powered economy?


[ Parent ]
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WVa Democrats
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