It’s been too long, and W.Va. Del. Shawn Fluharty will admit that.
Not since early March have he and his fellow lawmakers been in Charleston as members of the West Virginia Legislature, so it’s been too long a stint without serving the people of the Mountain State. And, as a member of the Democratic Party, Fluharty has been in the minority since he was first elected in 2014.
So, it’s been important to him to be heard.
“I think I do reach the other members of the House of Delegates, and yes, even the Republicans,” the lawmaker said. “I think a good example of that is how I was named Co-Chair of the newly formed Tech Caucus with Moore Capito (son of Shelly Moore Capito and a Republican from Kanawha County). There are plenty of colleagues who may not agree with my politics, but I think they appreciate the no-nonsense attitude I bring to the table.
“They know where I stand on bills, and that I won’t feed them any BS,” Fluharty continued. “That goes a long way in getting things done in the legislative process. Floor sessions get the most attention, but the committee process is just as important in getting things done in the legislature.”
The Very First One
Del. Fluharty represents the Third House District, which includes most of Ohio County, and he works very well with Del. Erikka Storch (R-3rd). Together, they have worked tirelessly to protect citizens and property owners from being taken advantage of by companies connected to the gas and oil industries in the Northern Panhandle.
One issue the two confronted involved forced pooling, a form of eminent domain concerning property rights for drilling without the permission of land owners.
“The issue of property rights has been and continues to be a major issue in the Northern Panhandle. It was especially front and center when I first got elected,” Fluharty explained. “When the bill came to the floor originally, I gave what I would describe as the “Come on Down!” speech where I compared the legislature to the game show ‘The Price is Right.’ In the speech I referenced the corporations by name who were bidding zero dollars and being rewarded with your property because they had already purchased legislators.
“I had a “point of order” called on me which was a sign of things to come in my legislative career. After the speech Mike Caputo, known for making fiery speeches of his own, turned to me and said, ‘Well, I guess I can retire now,’ which, as a young Delegate at the time, I really appreciated coming from him. The bill eventually died on the last night of session by a 49-49 tie vote.”
But yes, only the first.
“My medical cannabis rescheduling amendment sparked hours of floor debate and I believe it got us one step closer to getting medical cannabis passed which as of this writing we are awaiting for licenses to be awarded to business owners who have been investing in our state to get the program up and running,” Fluharty professed. “Finally, we’re getting close to people receiving the help they’ve been waiting years for in our state. It was an emotional debate on both sides and an attempt to take on Big Pharma on the House floor. THE LINK: https://youtu.be/136KeYp1moM
The Absurdity
The delegate admits to knowing before most others when he will present his side of the argument to his 99 House colleagues during the floor session, but not all of his speeches are planned.
Sometimes, Fluharty simply reacts.
,“Many of the floor speeches happen simply in the moment. For example, for the tax-breaks-for-jet-owners bill last session, I had no intention of speaking. Sometimes you hear things so absurd that you have no choice, but to stand up and speak out,” he explained. “At that particular moment, I had to point out the hypocrisy of a legislature in one of the poorest states which just a day earlier turned down important budget amendments to help real people, like the funding of bulletproof vests for state troopers, then turned around and ran a bill to give tax breaks to jet owners. How many jet owners do you know in Ohio County? Yea, that’s what I thought. Absurd. THE LINK: https://www.facebook.com/107062685991419/videos/221687362567700
Sure, it is about representation of his district, but most offense Fluharty finds him on defense in order to protect the people of the Third District from an agenda that fails to consider West Virginians.
“At the end of the day, I try to pick battles that are particularly important to our area or that I am passionate about. Our state is full of West Virginia pride,” he insisted. “That pride doesn’t know a particular political party. I think it’s time we have pride in our politicians again.
“That’s what I strive to do as a delegate,” Fluharty said. “Someone who isn’t scared of Big Pharma. One that will take on the out-of-state corporate interests controlling our legislature. One that isn’t scared of taking positions. I believe that’s what people want to see again in politics.”
Plenty More to Come
During these pandemic times, leadership of the state Legislature suspended all monthly interim sessions, and Senate President Mitch Carmichael and House Speaker Roger Hanshaw refused to call a special session involving the distribution of state and federal relief funds to the unemployed, to small businesses, and to municipal and county governments.
That process, however, has been handled soley by Gov. Jim Justice and his staff instead of being orchestrated by the state’s elected lawmakers.
So, while his favorite floor speech to this point involved the passage of Right to Work legislations, Fluharty is positive there will be many more to come when the regular session begins in early 2021.
“That whole thing was politically driven, not policy driven. We were promised all these jobs would magically show up to West Virginia because we became a “Right to Work” state,” he said. “That never happened.” THE LINK: https://www.youtube.com/watch?v=-ZsAB1YqThI
“But I think Gov. Justice has overstepped his constitutional boundaries during the Covid pandemic, and it is a subject that needs legislative action. While the state Constitution allows for the Governor to create a state of emergency and use emergency powers in a time of crisis, it certainly does not contemplate a Governor going rogue for months on end like we’re seeing now,” Fluharty continued. “The Legislature has the power of the purse under the Constitution. It is our responsibility and our duty to appropriate public funds. It makes perfect sense as to why legislators are better in tune with their communities compared to the Executive.
So, yeah, the Gov. Justice most definitely will be hearing from Del. Fluharty.
“Currently, Jim Justice is sitting on $1.25 billion of taxpayer money, and he’s using it like his own piggy bank. For example, his “Covid Roads” project runs the risk of being violative of the strict guidelines for spending relief money,” he said. “That’s why we have a bipartisan agreement in the House to call ourselves back into session so that we can do our jobs.
“We have a Constitution and a legislative process that will far outlive any politician,” Fluharty added. “Once we start straying from these guidelines, we are setting a bad precedent for years to come.”
