Lawmakers consider dismantling WV Office of Equal Opportunity, but it appears to already be gone

Lawmakers are considering dismantling the state’s Office of Equal Opportunity for the sake of “government efficiency.” But the office, which works to protect West Virginians from discrimination, appears to already be gone.

The Senate approved a three-sentence bill March 29 that would repeal a section of state code mandating the state’s Office of Equal Opportunity. The work — including complying with federal disability rights and anti-discrimination laws — is already being carried out by the state’s Division of Personnel, according to bill sponsor, Sen. Patricia Rucker, R-Jefferson.

It wasn’t until the members of the House Committee on Government Organization vetted the bill Thursday that it was revealed the office was already likely disbanded, possibly violating state code by not having lawmakers’ required approval.

A website for the office is now offline. State code requires that the Office of Equal Opportunity have a coordinator;  the office’s two employees have been moved elsewhere in state government. 

Sheryl Webb, director of the Division of Personnel, declined to tell House committee members who had directed the division to begin dismantling the office, saying she was fulfilling what had been requested. When Del. Jonathan Kyle, R-Randolph, pressed for an answer, Webb didn’t respond.

Kyle responded, “You don’t throw anybody under the bus, I understand. But this is where we are in state government, with people doing whatever they want to do, and that’s, frankly, unacceptable.”

A spokesperson for Gov. Patrick Morrisey did not respond to a question about whether the governor had directed the change. 

On Friday, Del. Tristan Leavitt, R-Kanahwa, who serves on the House Government Organization Committee, said that further research led him to believe that nothing was done in violation of state code.

“This office continues to be in place, the duties continue to be performed within the Division of Personnel,” Leavitt said.

“The substantive work that that office does, which is really important work, all of that is still moving forward in a way that’s in compliance. So, for me, that’s very reassuring to know,” Leavitt said. 

Kyle said on Friday that he believed that the situation in committee was a misunderstanding and concurred with Leavitt’s comments. 

Del. Kayla Young, D-Kanawha, who is also on the committee, said she still thinks that administrators “moved those functionalities around illegally.”

“They can’t just dismantle an office that requires the Legislature,” she said. “During the presentation, they mentioned that, ‘They’ told us to go ahead and move everything.’ We couldn’t get a clear cut answer, whether that was the secretary of administration, or whether that was the governor’s office themselves.” 

Robert Paulson, general counsel for the Department of Administration, maintained that the Office of Equal Opportunity is “not eliminated” with others performing those duties. He told lawmakers that the department is in the process of naming a coordinator. He wasn’t sure who made the call to make the changes.

Rucker said she wasn’t aware of the changes to the Office of Equal Opportunity.

Morrisey targets government efficiency 

Webb said the change was partially spurred by Morrisey’s executive order mandating that government agencies find efficiencies and eliminate waste. Eliminating the Office of Equal Opportunity would save $125,000 in salaries plus $41,250 in benefits, she said.

“We were reviewing how to create efficiencies, this was one of the things that was looked at because of the duplicative nature and the additional cost to it,” Webb said. 

Young said it was also likely a result of Morrisey’s ban on diversity, equity and inclusion practices and policies in state government.

Lawmakers created the Office of Equal Opportunity in 2022.

A report from the state’s Office of the Legislative Auditor earlier this year said that the office was “needed to facilitate compliance with federal anti-discrimination laws and to minimize liability costs to the state from violations of such laws.”

“However, further progress is needed in developing a statewide and uniform program,” the report said. 

Despite questions about how the office was eliminated, both Young and Leavitt believed that the state could carry out its functions of complying with federal laws and protecting West Virginians from discrimination. The Division of Personnel already offers equal rights education courses and training to state agencies, according to Webb.

“They’re important laws, and I think both the testimony we heard in committee and everything I’ve learned since indicates that they are prioritizing those and doing everything they can to encourage the entire state government to be aware of the law and to comply with it as fully as possible,” Leavitt said. 

Young emphasized that state code mandates that West Virginia have this office until lawmakers approve changes. 

“It is very concerning and definitely does not follow state code,” she said. “I do believe it will probably be debated on the floor, because we still have a lot of questions.”

The legislative session adjourns April 12.