JOINT COMMITTEE ON GOVERNMENT AND FINANCE
WEST VIRGINIA OFFICE OF THE LEGISLATIVE AUDITOR

Post Audit Division
LEGISLATIVE AUDIT REPORT

Supreme Court of Appeals
of West Virginia
Re-Appropriated Fund
Balance Analysis

Legislative Auditor: Aaron Allred

 GENERALLY ACCEPTED GOVERNMENT
AUDITING STANDARDS STATEMENT
We conducted this performance audit in accordance with
Generally Accepted Government Auditing Standards
(GAGAS). Those standards require that we plan and perform
the audit to obtain sufficient, appropriate evidence to provide
a reasonable basis for our findings and conclusions based on
our audit objectives. We believe that the evidence obtained
provides a reasonable basis for our findings and conclusions
based on our audit objectives.
POST AUDIT DIVISION

 JOINT COMMITTEE ON GOVERNMENT AND FINANCE
WEST VIRGINIA OFFICE OF THE LEGISLATIVE AUDITOR

Post Audit Division
POST AUDITS SUBCOMMITTEE
MEMBERS
SENATE MEMBERS
President, Mitch Carmichael
Ed Gaunch
Roman Prezioso

HOUSE MEMBERS
Tim Armstead, Speaker
Timothy Miley
Eric Nelson Jr.

JUNE 24, 2018
LEGISLATIVE AUDIT REPORT

Supreme Court of
Appeals of West Virginia
Re-Appropriated Fund Balance Analysis
LEGISLATIVE AUDITOR’S
STAFF CONTRIBUTORS
Aaron Allred............................
Melissa Bishop, CPA .............
Justin Robinson.......................
Christian Baumgarner...........
Judith Strawderman...............

Legislative Auditor
Assistant Director
Audit Manager
Auditor
Auditor

   

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6
11
12
13

 Background
In a memo written by the former Administrative Director Steve Canterbury, dated
November 7, 2016, Mr. Canterbury describes the spend down of $29 million of excess funds the
Court had accumulated up to Fiscal Year 2012. In this memo, Mr. Canterbury mentioned that the
Court had spent down this balance, among other reasons, because of concerns from members of
the Legislature regarding this balance of funds and the possibility of the sponsorship of a
constitutional amendment that would take away the Court’s budgetary authority. While Mr.
Canterbury attests to the accuracy of this memo, a review of all the Court’s administrative
conference minutes during this period where the Justices discussed such matters does not reflect
any conversation that the balance was spent down for this purpose.
During the May 2018 Post Audits Subcommittee meeting, Chief Justice Workman
responded to a question from Senate President Carmichael regarding the spend down of these
excess funds and the statements made by Mr. Canterbury in his memo. The Chief Justice responded
that she, nor any of the Justices, discussed the need to spend this balance down to avoid
sponsorship of a constitutional amendment. Further, she stated she was concerned with how this
money was spent which is why she had asked for Mr. Canterbury to provide an explanation, which
in turn resulted in his November 7, 2016 memo. The report that follows discusses the memo written
by Mr. Canterbury and the Post Audit Division’s review of expenditures that contributed to the
spend down of the $29 million of excess funds re-appropriated by the Court in Fiscal Year 2012.

1

 In Fiscal Year 2012, the Supreme Court of Appeals of West Virginia had
unused appropriated General Revenue Funds totaling $29 million. By Fiscal
Year 2016, this re-appropriated fund balance was reduced to $333,514 for
various reasons, including the renovations to the Justice’s chambers and other
Court facilities.
The Legislative Auditor first became aware of concerns regarding the spend down of the
Court’s re-appropriated fund balance while reviewing memos written by Justice Loughry
responding to questions concerning his Court vehicle use. In an August 26, 2016 memo to the
other Justices responding to their questions regarding this vehicle use, Justice Loughry questioned
the “depletion of the Court’s so-called rainy day fund in the amount of $26 million”. Based on this
statement, the Legislative Auditor sought to determine how these excess appropriated funds had
accumulated up to 2012, and what this money was spent on to reduce it to approximately $333,514
only four years later.
A meeting was held with the current Administrative Director and the Director of Financial
Management to discuss these re-appropriated funds. It soon became clear that determining exactly
how these funds were accumulated up to 2012 would not be possible because employees with such
knowledge were no longer employed with the Court. However, simply stated, the Court was
appropriated more General Revenue Funds than were needed nearly every year since 1997. The
graph on the next page shows the trend of the yearly re-appropriated funds.
Through a review of the re-appropriations from 2007, when the re-appropriated amount
was $1.4 million, to 2012, when the Court had accumulated $29 million in excess funds, the
Legislative Auditor determined that budgeted funds remained unused in the following categories:
1. Payroll Expenses - $17,435,464
a. Personal Services - $8,080,741
b. Annual Increment - $827,504
c. Employee Benefits - $8,527,219
2. Child Protection Act Funding - $3,522,912
3. Unclassified/Current Expenses - $7,766,363
4. BRIM Premium - $357,600
Total Funds Re-Appropriated to Fiscal Year 2012 = $29,082,340*
*Difference of $1 due to rounding.

2

 Supreme Court of Appeals of West Virginia

Re?Appropriated General Revenue Funds FY 1997 - FY2018
$35,000,000

2012,

$30 000 000 $29,082,340

2011,

$25,000,000 $24,042,517

$20,000,000

2010,
$17,537,448

$15,000,000

2004,

$10,674,990 2009,

$10,000,000 $9,104,995

2007,
$1,437,977

1993,

$5,000,000 $2,268,921

2008,

2000, $4,321,286

1997, $223,509

$1,560,3 3
S-

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2

Data obtained from the Executive Budget Reports for Fiscal Years 1998 to 2019

013

2013,
$22,748,766

2014,
$15,249,337

2013,
$3,573,941

2016,

2015, $333,514

$1,826,674 2017?

$1,244,997

2014 2015 2016 2017 2018

November 7, 2016 Memo by Former Administrative Director Steve Canterbury
The memo from the former Administrative Director to Justice Workman on November 7,
2016, suggested several reasons the amount of re-appropriated funds had been depleted. The
reasons stated in his memo, which is available in its entirety in Appendix C of this report, are as
follows:
Fiscal Year 2011
At the end of 2011, the Court carried over approximately $29 million into FY 2012.
Fiscal Year 2012
Judges, justices, and magistrates all received pay raises effective July 1, 2011 totaling
approximately $6.1 million which, for this Fiscal Year, was absorbed by the Court using the reappropriated funds from 2011. The Court’s appropriation request for General Revenue Funds was
decreased by $2 million to further reduce some of the re-appropriated funds. The court then carried
over approximately $22.7 million into FY 2013.
Fiscal Year 2013
In his memo, the former Administrative Director indicated that there was “scuttlebutt” in the
Senate concerning the Court’s re-appropriated funds which was causing more talk of a
constitutional amendment to take away the Court’s budgetary authority. As a result, the Court
absorbed some of the previous year’s raises for judges, justices, and magistrates from these reappropriated funds totaling approximately $4.4 million. Additionally, unanticipated construction
and furniture purchases for Justices' chambers, the business court, the City Center East server room
with backup air conditioning and generators, the Clerk's office, and the Justices' Conference Room
added additional costs. There was also new Family Court space in several counties that required
the purchase of technologies, furniture, and office equipment. Altogether, there was an additional
$1.2 million spent beyond the amount budgeted for these purposes. Finally, the mandate that the
drug courts serve all W.Va. counties caused an additional $1.9 million in drug court expenditures.
At the end of FY 2013, the Court re-appropriated approximately $15.25 million to Fiscal Year
2014.
Fiscal Year 2014
The Court chose to return approximately $4 million of its discretionary funds to the General
Revenue Fund to help with the budget shortfall that year. Also, as stated in this memo,
The Court did not seek appropriations for approximately $10 million in
expenditures in an attempt to bring the year-end balance to as close to zero as
possible, mainly to continue to forestall a constitutional amendment. The Court
discussed the need to eliminate any carry-over money at the end of the year so
that the Senate leadership would not continue down the path towards the
sponsorship of such an amendment. So the money was spent from several lines.
No one category saw an extremely large increase, but some of the increases were
in the new drug courts, the roll-out of the UJA [Unified Judicial Application], the
completion of all remodeling in the Capitol and at City Center East, and with
mandated raises of certain classifications of employees. (Emphasis Added)

4

 At the end of Fiscal Year 2014 the Court re-appropriated approximately $1.8 million to Fiscal
Year 2015.
Fiscal Year 2015
The Court re-appropriated $333,514 to Fiscal Year 2016.
As previously stated, how or why the Court accumulated $29 million in excess General
Revenue Funds in 2012 cannot fully be explained. The description of how the funds were spent
down in the former Administrative Director’s memo does not accurately account for how the
money was depleted to a balance of $333,514 going into 2016. Those instances noted in his memo
simply do not fully account for the depletion of $29 million. As stated in his memo, Mr. Canterbury
said:
As can be logically deduced, the carried-over funds were not all spent on a
single project or in a single way. Money was spent in several areas in several
years that totaled a reduction in the rollover amount of $28 million
Fiscal Year 2016
The Court re-appropriated approximately $1.2 million to Fiscal Year 2017. This included $2
million that was returned to the General Revenue Fund that had been budgeted for the anticipated
annual Judicial Retirement contribution.

5

 Post Audit Analysis of Expenditures by the Supreme Court
The Post Audit Division conducted an analysis of the Court’s expenditures for Fiscal
Years 2012 to 2018 to determine specific categories where the Court had increased its
spending over prior years to account for how the $29 million of re-appropriated funds was
decreased to $333,514 in Fiscal Year 2016, and then again increased to $8.6 million in 2018.
This analysis resulted in the following:
Table 1
Analysis of Supreme Court Appropriations and Expenditures - Fiscal Years 2012 - 2018
Fiscal Year
2012
2013
2014
2015
2016
2017
2018

Re-Appropriated
Balance
$29,082,340
$22,748,766
$15,249,837
$1,826,674
$333,514
$1,244,997
$8,573,941

Appropriation
$120,483,624
$122,320,952
$121,511,992
$131,812,993
$139,572,495
$141,759,670
$141,759,670

Total Available
$149,565,964
$145,069,718
$136,761,829
$133,639,667
$139,906,009
$143,004,667
$150,333,611

Total Expenditures Remaining Balance
$126,817,198
$22,748,766
$129,819,881
$15,249,837
$134,935,155
$1,826,674
$133,306,154
$333,513**
$138,661,012
$1,244,997
$134,430,726
$8,573,941
N/A*
N/A*

* T hose items noted N/A are not available due to data not being available for the completed Fiscal Year 2018. ** Difference of $1 Due to Rounding
Data obtained from the State of WV Executive Budget Reports FY 2012 - 2019

Table 2
Increase/(Decrease) in Supreme Court Appropriations and Expenditures - Fiscal Years 2012 - 2018

Fiscal Year
2012
2013
2014
2015
2016
2017
2018

Increase/(Decrease) Increase/(Decrease) Increase/(Decrease)
Current Year
in Appropriation vs. in Re-Appropriation in Expenditures vs. Increase/(Decrease) Year End Balance
Prior Year
vs. Prior Year
Prior Year
in Re-Appropriation (Re-Appropriation)
$1,577,432
$5,039,823
$12,950,828**
($6,333,574)
$22,748,766
$1,837,328
($6,333,574)
$3,002,683
($7,498,929)
$15,249,837
($808,960)
($7,498,929)
$5,115,274
($13,423,163)
$1,826,674
$10,301,001
($13,423,163)
($1,629,001)
($1,493,160)
$333,514
$7,759,502
($1,493,160)
$5,354,858
$911,483
$1,244,997
$2,187,175
$911,483
($4,230,286)
$7,328,944
$8,573,941
$0
$7,328,944
N/A*
N/A*
N/A*

* T hose items noted N/A are not available due to data not being available for the completed Fiscal Year 2018. **Difference of $1 Due to Rounding
Data obtained from the State of WV Executive Budget Reports FY 2012 - 2019

Table 1 above shows the yearly appropriations, amounts re-appropriated from the prior
year, and the total available balance of funds. It also shows the total expenditures for each
year and the year-end balance of unused funds that are re-appropriated into the next year.
Table 2 provides an analysis of the changes in amounts noted in Table 1 from prior
years, current year changes in expenditures, and the year-end balances of unused funds. This
includes the change in the amount appropriated to the Court, the change in the unused funds
balance that was re-appropriated, and the change in total expenditures as compared to the prior
year. It also shows the current year change in the balance of unused funds, as well as the yearend balance of those unused funds that are re-appropriated into the next year.
Fiscal Year 2012
In Fiscal Year 2012, the re-appropriated fund balance was decreased by approximately
$6.3 million, from $29 million to $22.7 million. In addition to the $29 million re-appropriated
that year, the Court received an increase in their current year appropriation of $1.58 million

6

 for a total available balance of $149.6 million. The Court had roughly $13 million more in
expenditures over the prior year, totaling approximately $127 million. Nearly all of this
increase in expenditures is attributable to payroll expenses, with a total increase of
$12,404,621 over the past year’s expenditures totaling nearly $101 million. Payroll related
expenses were approximately 80 percent of the Court’s Fiscal Year 2012 expenditures. This
correlates to the $6.1 million of raises given to the judges and justices of the Court as stated
in Mr. Canterbury’s memo, as well as including other related payroll expense increases. Other
areas of spending saw a net increase of $546,207, with notable increases in the following
categories:

Category
Travel
Telecommunications
Leasehold Improvements
Computer Equipment

$
$
$
$

Total
Expenditures
1,545,301
1,384,385
872,928
754,877

Increase Over
Prior Year
$
587,784
$
582,374
$
872,928
$
361,270

The reduction of the re-appropriated balance by $6,333,574 is accounted for as follows:
Increase in Spending FY 2012
Less: Increase in Re-Appropriation from FY 2011
Less: Increase in FY 2012 Appropriation
Net Decrease in Re-Appropriated Fund Balance

$12,950,828
($5,039,823)
($1,577,432)
$6,333,573

(Difference of $1 Attributable to Rounding)

Fiscal Year 2013
In Fiscal Year 2013, the re-appropriated balance was further decreased by
approximately $7.5 million, from $22.7 million to $15.2 million. In addition to the reappropriated funds, the Court received an increase in their Fiscal Year 2013 appropriation of
$1.8 million for a total available balance of approximately $145 million. The Court had a net
increase in spending of $3 million over the prior year. Payroll related expenses increased
$900,491 over the prior year, but with only an additional $1.8 million in appropriations, the
Court was still absorbing some of the salary increases from the prior year through its reappropriated fund balance. Other areas saw a net increase in expenditures of $2.1 million. It
is difficult to pinpoint exactly what expenditures were attributable to the increase in spending
that led to a decrease in the re-appropriated fund balance; however, the following areas saw
notable increases in spending over the prior year:
Category
Contractual Services
Computer Services
Routine Building Maintenance
Office Equipment
Consulting for Capital Asset Project

$
$
$
$
$

7

Total
Expenditures
1,769,328
2,866,787
905,545
692,135
791,113

Increase Over
Prior Year
$
1,587,586
$
922,348
$
505,223
$
330,453
$
725,764

 As stated in Mr. Canterbury’s memo, the majority of the spending increases over the prior
year were for renovations to various family and business courts, the Court’s City Center East
leased office space, the clerk’s office, and the widely publicized renovations and furniture
purchases of the Justice’s chambers. As also stated in his memo, those related expenditures
exceeded the budgeted amount for those renovation projects by $1.2 million. The Legislative
Auditor questions the Court’s spending on renovations to the leased space at City Center East,
where those renovations would not benefit the Court if it were to vacate that space, but instead
would be to the benefit of the lessor.
The reduction of the re-appropriated balance by $7,498,929 is accounted for as follows:
Increase in Spending FY 2013
$3,002,683
Plus: Decrease in Amount Re-Appropriated from FY 2012 $6,333,574
Less: Increase in FY 2013 Appropriation
($1,837,328)
Net Decrease in Re-Appropriated Fund Balance

$7,498,929

Fiscal Year 2014
In Fiscal Year 2014, the Court decreased its re-appropriated fund balance by the
greatest amount in the four-year period. In this year, the balance was reduced by $13.4 million
for a total year end balance of $1.8 million. The Court received $808,960 less in
appropriations for the year for a total available balance of approximately $136.8 million.
Expenditures increased by $5.1 million over the prior year. Payroll expenses again increased
by approximately $2.4 million over the prior year. Other areas had a net increase in spending
of $2.7 million. Categories of expenditures that saw significant increases in spending
included:
Category
Rental Expenses (Real Property)
Contractual Services
Travel
Computer Services
Attorney Legal Services Payments
Miscellaneous Equipment
Contractor Payments - Capital Asset Project
Computer Equipment

$
$
$
$
$
$
$
$

Total
Expenditures
1,157,141
2,255,231
2,356,639
3,225,697
5,056,069
825,513
1,251,192
536,464

Increase Over
Prior Year
$
375,965
$
485,902
$
909,251
$
358,910
$
1,058,542
$
271,565
$
1,251,192
$
409,428

The increases in contractor payments and contractual services are also attributable to
the completion of renovations to the Court’s City Center East facilities and at the Capitol,
including those renovations to the Justices’ chambers. This increase in expenditures related
to renovations along with a slight reduction in the current year appropriation further decreased
the Court’s re-appropriated fund balance. The reduction of this balance by $13.4 million is
accounted for as follows:

8

 Increase in Spending FY 2014
$5,115,274
Plus: Decrease in Amount Re-Appropriated from FY 2013 $7,498,929
Plus: Decrease in FY 2013 Appropriation
$808,960
Net Decrease in Re-Appropriated Fund Balance
$13,423,163
Fiscal Year 2015
The Court carried over approximately $1.8 million in unused funds into Fiscal Year
2015. It also appropriated an additional $10.3 million in funds over the previous year for a
total available balance of approximately $133.6 million. According to Mr. Canterbury’s
memo, the appropriation request in the prior year was reduced by $10 million to reduce their
year-end balance to as close to zero as possible “mainly to continue to forestall a
constitutional amendment”. However, in 2015 the Court did seek that increase in
appropriation and was granted it. Total expenditures decreased by $1.6 million over the prior
year; however, based on the prior years’ increases in spending, the total expenditures of
$133.3 million reduced the Court’s re-appropriated fund balance to $333,514 at the end of
this year. Payroll expenses again increased, this time by $1.45 million. The only other area of
spending that saw a significant increase was Contractual Services, shown below:
Total
Increase Over
Expenditures
Prior Year
$
4,990,267 $
2,735,036

Category
Contractual Services

Fiscal Year 2016
In Fiscal Year 2016, the Court received an additional $7.76 million in appropriations
over the prior year. With the $333,514 in re-appropriated funds, the total available balance
for 2016 was approximately $140 million. Payroll costs decreased by $1.7 million in this year,
yet overall expenditures increased by $5.35 million. Some areas that saw an increase include:

Category
Rental Expenses (Real Property)
Telecommunications
Contractual Services
Travel
Attorney Legal Services Payments

$
$
$
$
$

Total
Expenditures
1,545,376
2,057,853
6,494,519
3,031,268
6,989,695

Increase Over
Prior Year
$
907,289
$
715,067
$
1,504,251
$
446,726
$
2,039,508

With the increase in appropriation exceeding the increase in expenditures for Fiscal Year
2016, the Court’s ending balance of unused funds grew from $333,514 to $1.24 million.
Fiscal Year 2017
In Fiscal Year 2017, the Court received an additional appropriation of approximately
$2.19 million over the prior year. With the $1.24 million of unused funds from the prior year,
the total available balance was $143 million. Nearly every category saw a decrease in
expenditures, including payroll expenses which decreased by $71,000. This in turn resulted
in the Court’s year-end unused fund balance to increase from $1.24 million to $8.57 million,
with a total increase of $7,328,944.

9

 Fiscal Year 2018
In the current fiscal year, which is nearly complete, it appears that the Court’s
expenditures are again reduced from the prior year. Since the data available is not complete
until the close of the fiscal year, it is not possible to report specific decreases at this time.
However, it is projected by the Court in a memo from the Court’s Director of Finance to the
Court’s Administrative Director dated February 27, 2018, that this year-end “surplus” will be
approximately $19.5 million. Therefore, from the start of Fiscal Year 2016 to the end of Fiscal
Year 2018, the Court will have increased its re-appropriated fund balance by nearly $19.2
million.

Conclusion
The Legislative Auditor is concerned with the Court’s accumulation of appropriated
General Revenue Funds in the majority of the years reviewed, with particular regard to the fact
that in five years they had re-appropriated funds that went from $1.4 million in 2007 to $29 million
in 2012. There is also concern over how these funds were subsequently spent down. A focus for
an increase in the spending of tax dollars should be on increasing the outcomes for those operations
of the Court that benefit the citizens of the State. In Fiscal Year 2012, the $29 million equated to
24% of the Court’s total appropriations ($120 million) and 25.5% of the Court’s total Fiscal Year
2011 expenditures ($113.9 million). The Court’s re-appropriated fund balance totaled
approximately $8.6 million at the beginning of Fiscal Year 2018. If the Court’s current projection
is accurate, this balance will grow to $19.5 million at the end of the current fiscal year. The total
growth from Fiscal Year 2016 to 2019 will be nearly $19.2 million in unused appropriated funds,
equaling 14% of the Court’s 2018 total appropriations.
The Legislative Auditor’s Post Audit Division will continue its research in identifying
specific expenditures that attributed to the increased spending and reduction of the $29 million of
excess funds. Those areas identified in this report as having a significant increase in spending over
the prior year will be further reviewed to identify the specific reasons that these monies were spent.
This information will be presented to the Post Audits Subcommittee at an upcoming meeting.

10

 WEST VIRGINIA LEGISLATURE

Appendix A

Joint Committee on Government and Finance
Aaron Allred
Legislative Manager

1900 Kanawha Blvd. East, Room E-132
Charleston, WV 25305-0610
(304) 347-4800
(304) 347-4819 FAX

June 14, 2018
Lori J Paletta-Davis, Esq., Administrative Counsel
WV Supreme Court of Appeals
Capitol Complex
1900 Kanawha Blvd. E
Bldg. 1, Room E-100
Charleston, WV 25305-0830
Dear Ms. Paletta-Davis:
This is to transmit a draft copy of the Post Audit Division's Report on the Supreme Court
of Appeals of West Virginia. This report is tentatively scheduled to be presented during the June
interim meeting of the Post Audits Subcommittee. We will inform you of the exact date, time, and
location once the information becomes available, but at this time we anticipate that meeting to be
held Sunday, June 24, 2018 1:00 pm in the Senate Finance Committee Room, Room 451-M. It is
expected that a representative from the Supreme Court of Appeals of West Virginia be present at
the meeting to respond to the report and answer any questions committee members may have
during or after the meeting.
If you would like to schedule an exit conference to discuss any concerns you may have
with the report, please notify Nathan Harris, at 304-347-4880 as soon as possible. In addition, if
you would like to provide a written response to be included in the report, it must be submitted to
our office by Noon Friday, June 22, 2018, for it to be included in the final report. Thank you for
your cooperation.
Sincerely,

Aaron Allred
Enclosure
Cc. Chief Justice Margaret L. Workman
Justice Menis E. Ketchum, II
Justice Robin Jean Davis
Justice Elizabeth D. Walker

11

 Appendix B

Objective, Scope, and Methodology
The Post Audit Division within the Office of the Legislative Auditor conducted this audit
pursuant to Chapter 4, Article 2, Section 5 of the West Virginia Code, as amended.

Objectives
This is the third in a series of audit reports of the Supreme Court of Appeals of West
Virginia. The objective of this report is to provide information concerning the Court’s
accumulation of $29 million of unused appropriated funds that were re-appropriated into Fiscal
Year 2012, the spend down of this balance to $333,514 at the end of Fiscal Year 2015, those areas
of expenditures that saw a significant increase over prior years, and finally to provide information
concerning the Court’s growing balance of unused funds.

Scope
The scope of this audit consists of an analysis of budget information and appropriations for
the Court for Fiscal Years 1998 to present; and an analysis of expenditures for Fiscal Years 2012
through present.

Methodology
Evidence was gathered from various sources including internal court memorandums,
administrative conference meetings of the Court discussing budget matters, executive budget
reports, WVFIMS and wvOASIS transaction data, invoices, and testimonial evidence of Court
employees.

12

 SUPREME COURT OF APPEALS

Appendix C

STATE OF WEST VIRGINIA

STEVEN D. CANTERBURY
ADMINISTRATIVE DIRECTOR

ADMINISTRATIVE OFFICE
BUILDING 1, ROOM E-100
1900 KANAWHA BOULEVARD, E.
CHARLESTON, WV 25305-0832
(VOICE) 304/558-0145
(TTY) 304/558-4219
(FAX) 304/558-1212
www.state.wv.us/wvsca/

MEMORANDUM

TO:

ALL JUSTICES

FROM:

STEVE CANTERBURY�&C

DATE:

November 7, 2016

SUBJECT:

Review of the Lowered Reappropriation from FY 2011 until the Present

Justice Workman asked that I prepare a memorandum to explain how the appropriation rollover
of some $29 million in FY 2011 has resulted in a rollover this past fiscal year of $1.3 million. In brief, she
wants to know where the money went.
As can be logically deduced, the carried-over funds were not all spent on a single project or in a
single way. Money was spent in several areas in several years that totaled a reduction in the rollover
amount of $28 million. And there was a decision by the Court to ask for lower appropriations during the
most recent fiscal years due to growing concerns that key Senate leaders were angered by the excessive
amount of the Court's "surplus funds," as they styled it. That anger led to discussions among legislators
about sponsoring a constitutional amendment to remove the budgetary privilege of appropriation self­
determination that the Court now enjoys.
Before getting into the specifics year-by-year, it is necessary to point out that not only is every
dime accounted for in Director of Finance Sue Troy's electronic files, but that the Court approved each
of the appropriation requests with an understanding of the major issues and expenditures that the
Court was facing when approving these requests, issues such as the threat of a successful constitutional
amendment to take away the Court's budgetary independence if the Court continued to have a large
fund at the end of each fiscal year, especially as the State faced greater and greater shortages. If any
member of the Court wishes to know about any specific expenditure areas to the dime, then Director
Troy would be happy to provide that information.
Justice Workman asked that as much of this information as possible be put into bullet points
and, in any case, to keep the memorandum brief:

13

 FY 2011

•

At the end of FY 2011, the Court carried over approximately $29 million.

FY 2012
• During the Legislative Session of 2011, Justices, judges, and magistrates all received pay raises
effective July 1, 2011. However, the Legislative leadership held up that legislation until they
were assured that the Court could digest the additional $6.1 million, which the Court did. The
Legislature did not provide additional, supplemental money to cover those costs.

•

The Court also gave back $2 million to the General Revenue Fund that year.

•

At the end of FY 2012, the Court rolled over some $22.7 million into the next fiscal year. A few
lines did not cost as much as were projected some eighteen months earlier when the
appropriation request was prepared which is why there was not an ever lower carry-over
amount.

FY 2013

•

With Senator Prezioso as Chair of Senate Finance and Senator Unger as Majority Leader,
scuttlebutt about the Legislative leadership's frustration with the Court's so-called "surplus"
started to grow more shrill, and there was more talk of a constitutional amendment to take
away the Court's budgetary authority. Therefore, some of the previous year's pay raises were
digested in FY 2012: $4.4 million.

•

Some unanticipated construction and furniture purchases for Justices' chambers, the business
court, the City Center East server room with backup air conditioning and generators, the Clerk's
office, and the Justices' Conference Room added additional costs. There was also new Family
Court space in several counties that required the purchase of technologies, furniture, and office
equipment. Altogether, there was an additional $1.2 million spent beyond the budgeted
amount.

•

The Legislature mandated that drug courts serve all of the state's counties causing an
unanticipated spike in drug court expenditures of $1.9 million.

•

At the end of FY 2013, the Court reappropriated $15.25 million.

FY 2014

•

The Court agreed to return $4 million to the General Revenue Fund.

14

 •

The Court did not seek appropriations for approximately $10 million in expenditures in an
attempt to bring the year-end balance to as close to zero as possible, mainly to continue to
forestall a constitutional amendment. The Court discussed the need to eliminate any carry-over
money at the end of the year so that the Senate leadership would not continue down the path
towards the sponsorship of such an amendment. So the money was spent from several lines.
No one category saw an extremely large increase, but some of the increases were in the new
drug courts, the roll-out of the UJA, the completion of all remodeling in the Capitol and at City
Center East, and with mandated raises of certain classifications of employees.

•

At the end of FY 2014, the Court reappropriated $1.8 million.

Since then, the Court has appropriated enough to cover expenditures ending FY 2015 with
$333,514 and FY 2016 with $1,244,997. The reapproprated amount in FY 2016 includes the $2 million
that was returned to the General Revenue Fund that had been budgeted for the anticipated annual
Judicial Retirement contribution. The latter figure would have been a bit lower had more work been
done on a couple of the newly created judges' spaces in the first half of that fiscal year.
As requested, I kept this explanation brief. If any more details are requested by any member of
the Court, please let me know. Or contact Director Troy directly.
Thank you.

15

 POST AUDITS SUBCOMMITTEE
MEMBERS
SENATE MEMBERS
President, Mitch Carmichael
Ed Gaunch
Roman Prezioso

HOUSE MEMBERS
Tim Armstead, Speaker
Timothy Miley
Eric Nelson Jr.

 JOINT COMMITTEE ON GOVERNMENT AND FINANCE
WEST VIRGINIA OFFICE OF THE LEGISLATIVE AUDITOR
- POST AUDIT DIVISION Legislative Auditor: Aaron Allred

Room 329 W, Building 1
1900 Kanawha Boulevard East
Charleston, West Virginia 25305
Phone: (304) 347-4880