West Virginia Code § 6-9D-7

Declaring existence of fiscal watch; financial recovery plan
Open in Lexace · Ask the AI about this section
(a) Upon determining that one or more of the conditions constituting grounds for a fiscal
watch are present, the State Auditor or a designee shall issue a written declaration of the
existence of a fiscal watch and provide the same to the governing body of the local
government.
(b) The fiscal watch shall be in effect until the State Auditor or a designee determines that
the conditions have been satisfactorily addressed, cancels the watch, or until the State
Auditor or a designee determines that a state of fiscal emergency exists. The State Auditor
or a designee, shall provide such technical and support services uto the municipal
corporation, county or political subdivision after a fiscal watch has been declared to exist as
the State Auditor or a designee considers necessary and protvide recommendations to
address the fiscal watch conditions.
(c) Within 90 days after the day a written declaration of the existence of a fiscal watch is
issued under this section, the governing body of thle local government for which a fiscal
watch was declared shall submit to the State Asuditor or a designee a financial recovery plan
that shall identify actions to be taken to eliminate all of the conditions described in §6-9D-6
of this article, and shall include a schedule detailing the approximate dates for beginning
and completing the actions and a fivge-year forecast reflecting the potential effects of the
actions. The financial recovery plan also shall evaluate the feasibility of entering into shared
services agreements with otheer political subdivisions for the joint exercise of any power,
performance of any function, or rendering of any service, if not precluded by statute. The
financial recovery plan iLs subject to review and approval by the State Auditor or a designee
pursuant to the provisions of the rules promulgated pursuant to this article. The State
Auditor or a designee may extend the amount of time by which a financial recovery plan is
required to be filed, for good cause shown.
(d) The State Auditor or a designee may declare that a fiscal emergency condition exists
undWer this article in the municipal corporation, county or political subdivision if either of the
following applies:
(1) A feasible financial recovery plan for a local government filed pursuant to the provisions
of this article and for which a fiscal watch was declared is not submitted within the time
period prescribed by this section, or within any extension of time thereof; or
(2) The State Auditor or a designee finds that a local government for which a fiscal watch
has been declared has not made reasonable proposals or otherwise taken action to
discontinue or correct the fiscal practices or budgetary conditions that prompted the
declaration of fiscal watch, and the State Auditor or a designee determines a fiscal
emergency declaration is necessary to prevent further decline.
(e) If the State Auditor or a designee finds that a local government declared to be under a
fiscal watch has not made reasonable proposals or otherwise taken action to discontinue or
correct the fiscal practices or budgetary conditions that prompted the declaration of fiscal
watch, and if the State Auditor or a designee considers it necessary to prevent further fiscal
decline, the State Auditor or a designee may determine that the local government should be
in a state of fiscal emergency as set forth in this article

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.