The Joint Legislative Oversight Commission on Department of Transportation Accountability and the Select Committee on Infrastructure addressed concerns toward the DOH’s alleged decision to retain private counsel in a lawsuit brought against WV Paving.
Commission Counsel Marty Wright argues the DOH has defied certain provisions of the WV Code 5-3-3A, which require the DOH to seek legal counsel or ask permission to use outisde legal counsel from the Attorney General’s office. Attorney Michael Folio claims on behalf of the DOH that the department has involved the Attorney General in the process and has not invested “a single dollar” toward the outside counsel it originally sought.
Sen. Mitch Carmichael, R – Jackson, informed Folio of his concerns regarding the DOH’s original intentions in seeking outside counsel, asking why the DOH believed they had the authority to not include the Attorney General’s office in the legal process.
Folio said he believes the DOH “absolutely” has the authority to do so when necessary, also stating the DOH chose to seek outside counsel to find a “level of expertise that may not exist with the Attorney General” toward the lawsuit. However, Folio said the DOH is now working with the Attorney General, who is drafting a plea on behalf of the DOH.
Delegate Gearheart, R – Mercer, questioned why the DOH is just now going to the Attorney General, to which Folio said the Attorney General had been extensively involved through the whole process.
The Commission decided to consult the Attorney General upon further review.
