Published: August 27, 2008 10:59 am      

State chamber releases position papers

CHARLESTON —

The West Virginia Chamber of Commerce's Board of Directors has released 33 policy position papers on a wide range of hot topics.



One paper argues there should be open government standards for the attorney general.



Without naming Attorney General Darrell McGraw, the policy paper attacks McGraw's practice of hiring private lawyers. In 2001, McGraw authorized four private law firms to file suit against Purdue Pharma in an OxyContin case. Purdue settled for $10 million in 2004. Those four law firms received $3.3 million of that award. McGraw distributed the remaining settlement money to day reporting centers and for a new pharmacy program at the University of Charleston. Skeptics have pointed out that some of the private lawyers helping McGraw have contributed to his campaigns.



The chamber policy paper says, "The attorney general currently employs outside counsel to assist him in litigating matters on behalf of the state. The wages paid by the attorney general to the assistant attorneys general who are employed on a full- time basis are a matter of public record. The terms and conditions upon which the attorney general has employed outside counsel as special attorneys general and the amount of fees they are paid for their services are not a matter of public record, nor are they reported to the governor or the Legislature."



The chamber says it "encourages transparency for its public officials and their actions," and that "the attorney general should be held to the same standard as other public officials."



The paper says the chamber "supports legislation that would require the attorney general, on a semi-annual basis, to report to the Joint Commission of the Legislature on Government and Finance and the governor its activities in the preceding six months regarding litigation engaged in by the attorney general, terms and conditions upon which outside counsel are retained, any fees paid to those counsel, and any judgments and settlements received by the attorney general.



"Furthermore, the chamber supports legislation to eliminate contingent fee hiring in the attorney general's office; limit 'outside counsel' to $500 an hour; and require the attorney general to comply with the state's purchasing laws for competitive bidding for such services," the paper says.



"Further, the chamber encourages the attorney general to transfer from the Perdue Pharma settlement to the Office of the Insurance Commission office of 'Old Fund' Workers' Compensation to reduce the debt to businesses.



"Finally, any judgments obtained by the attorney general should be immediately placed into the general revenue account of the state for the benefit of the state."



Another policy paper says there should be an absolute right to appeal circuit court decisions to the West Virginia Supreme Court. That policy comes following several recent high-profile circuit court decisions which the state Supreme Court has refused to review.



The policy papers were released Tuesday, one day before the chamber holds its 2008 annual meeting and Business Summit at The Greenbrier Resort in White Sulphur Springs.



In a letter accompanying the papers, chamber President Steve Robert noted that the policy papers "correlate to many of the major concerns and issues of interest to large and small businesses - business development, job creation, tax relief, health care, legal reform, sound environmental regulation and responsible, progressive public policy."



Roberts pointed out that the chamber's policy committees developed many of the papers.



The policies "serve as recommendations on ways to advance the state's economy and create a more prosperous and profitable environment for businesses and professionals to operate, invest and employ West Virginians," he wrote. "Enactment and implementation of these policy solutions will help to improve the competitive posture of businesses and provide more opportunities for our citizens."