Morrisey’s plan for West Virginia Military Hall of Fame faces legal scrutiny

Gov. Patrick Morrisey is hoping to finally get the state’s Military Hall of Fame up and running, but his administration’s draft rules for its operation face legal scrutiny.

Four years after lawmakers created the special hall of fame, Morrisey wants to see it come to fruition under his administration. 

But Sen. Ryan Weld, a veteran and chair of the Senate’s Military Committee, has raised several “conflicts and inconsistencies” between Military Hall of Fame rules submitted by the governor versus what lawmakers outlined in their 2022 legislation.  

An agency’s proposed rules have to align with the code lawmakers passed.

“You can’t expand statutes,” said Weld, R-Brooke, in a phone interview. “I hope that they realize that legally they cannot do what they’re trying to do with this.”

Weld added that the Military Hall of Fame’s creation should be focused on veterans and their service, and “not on the politics that may be behind any sort of effort involving veterans.”

Morrisey’s proposed draft rules will govern how the Military Hall of Fame operates, including eligibility rules and how a board evaluates prospective honorees.

Former West Virginia Veterans Assistance Secretary Ted Diaz, who served in the role until early 2025, said the Hall of Fame should belong to veterans and citizens — not to a political party or governor. He doesn’t want to see the project delayed by rules issues, but he wants it done correctly to honor veterans for years to come.

He described Morrisey’s new proposed rules as “very much controlled by the executive branch.”

“I’m still extremely passionate about veterans,” said Diaz, who is a veteran. “I care deeply about what happens to us in this state.”

Hall of Fame still in progress after 2022 legislation

Lawmakers created the Military Hall of Fame to honor veterans of West Virginia who distinguished themselves on the field of battle and received Purple Hearts or awards for valor. Gov. Jim Justice signed the bill into law.

Two initial inductees were named: World War II hero Hershel “Woody” Williams and Army veteran Phill ​​Gene McDonald, who served in Vietnam.

The hall of fame is not officially running and doesn’t have an allocated physical space. Lawmakers hadn’t allocated any funding with the 2022 legislation. Justice previously proposed funding to establish a physical West Virginia Military Hall of Fame inside the West Virginia Culture Center.

“We have such a high number of veterans that have given so much for our country that I think that this represents an absolutely wonderful way to recognize those sacrifices, to recognize that commitment to service,” Weld said. “But again, I want to make sure that we’re doing it in the right way.”

In an August news release, Morrisey said his administration was now entering “the final stretch to officially honoring the state’s military legends.”

As part of launching the Military Hall of Fame, the executive branch was tasked with submitting draft rules for public comments outlining how the nomination and awards process would work.  This is standard procedure for state agencies charged with carrying out lawmakers’ requirements.

“The statutory requirement to promulgate rules for the Military Hall of Fame predates the Morrisey administration, but that rulemaking process was not completed under the prior administration,” said Lars Dalseide, communications director for the governor. “The current administration moved forward with the process to fulfill that requirement.”

The project is spearheaded by Morrisey, first lady Denise Morrisey and Sen. Brian Helton, R-Fayette.

“The administration published the revised draft rules on Aug. 12, 2026, creating a clear pathway to celebrate military service and continued community impact,” a news release from Morrisey’s office said. 

The governor’s proposed draft rules for the Military Hall of Fame differ from the legislation, which Weld said inappropriately go beyond the scope of the bill lawmakers wrote.

While Weld thinks the original bill’s induction requirements might have been a bit too restrictive, he said the requirements were “reflective of the wishes of the lead sponsor and some of the co-sponsors at the time.”

Weld sent a letter in August to VA Secretary Ryan Kennedy outlining a number of legal concerns and spelling mistakes found in the new rules. He noted that a Morrisey-proposed rule would remove a strict requirement that the honorees made contributions to West Virginia or their communities following military service. 

“The Code clearly states that ‘significant contributions to their state or their communities following their military service’ is a requirement for induction,” wrote Weld, who is an attorney. “Should the language of [Rule 6.3] be adopted as currently proposed, it would lessen the requirements for induction, and therefore be in conflict with the code.”

Weld also raised concerns about unqualified service men and women being inducted into the hall of fame since the new rules say the VA secretary “may” reject a nominee if they don’t meet the requirements. 

In response to Weld’s concerns, Dalseide told West Virginia Watch, “The (VA) Department will address the legal issues raised by Sen. Weld through that formal process rather than separately litigating (and) debating those questions through the media while its review is underway.”

“Once that review is complete, the Department will submit the rule and its responses to the Legislative Rule-Making Review Committee as required by law,” Dalseide continued. 

The proposed draft rules included a public comment period, and Diaz submitted his own lengthy list of issues and proposed changes. He served as VA secretary from 2021 to 2025 and was in the position when the Military Hall of Fame was created by lawmakers. 

Diaz wants to see safeguards against conflicts of interests within the board evaluating the nominees. The rules must include more transparency about the induction process, he said. 

“The public must know the criteria used, how the nominees are evaluated, who is inducted, and the basis for the induction, while legitimate, confidential deliberations remain protected,” Diaz said. 

The Department of Veterans Affairs did not provide an interview for this story. 

Lawmakers will have final say on hall of fame rules

Weld has recommended that the Morrisey administration amend the proposed rules for the Military Hall of Fame. A second option, he said, would be to ask the Legislature to amend the original bill so it reflects what Morrissey wants.

“I say in a letter that I’m happy to work with them,” Weld said. “I hope that they realize that and then want to work with veterans in the Legislature to accomplish what they’re trying to do, and do so in a way that still makes membership or induction into the military hall of fame a very high standard and a tremendous honor.”

The public comment period on the proposed rules for the Military Hall of Fame ended Sept. 11. 

“State law requires the (VA) department to consider and respond to those comments before submitting the agency-approved rule to the Committee … the department is now completing that review, including determining whether the proposed rule conforms to the statute authorizing it,” Dalseide said. 

He noted that Weld’s comment will be reviewed as part of that process. 

The Legislative Rule Making Committee will have to vet the Morrisey’s administration’s new proposed rules, then it will have to be approved by the full Legislature.