West Virginia Code

W. Va. Code § 7-7-7 (2026)

County assistants, deputies and employees; their number and compensation; county budget

✓ current as of May 2026

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ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.

§7-7-7. County assistants, deputies and employees; their number and compensation; county budget.

(a) The county clerk, circuit clerk, sheriff, county assessor and prosecuting attorney, by and with the advice and consent of the county commission, may appoint and employ, to assist them in the discharge of their official duties for and during their respective terms of office, assistants, deputies and employees. The county clerk may designate one or more of his or her assistants as responsible for all probate matters.

(b) The county clerk, circuit clerk, sheriff, county assessor and prosecuting attorney shall, prior to March 2 of each year, file with the county commission a detailed request for appropriations for anticipated or expected expenditures for their respective offices, including the compensation for their assistants, deputies and employees, for the ensuing fiscal year.

(c) The county commission shall, prior to March 29 of each year by order fix the total amount of money to be expended by the county for the ensuing fiscal year, which amount shall include the compensation of county assistants, deputies and employees. Each county commission shall enter its order upon its county commission record.

(d) The county clerk, circuit clerk, sheriff, county assessor and prosecuting attorney shall then fix the compensation of their assistants, deputies and employees based on the total amount of money designated for expenditure by their respective offices by the county commission and the amount expended shall not exceed the total expenditure designated by the county commission for each office.

(e) The county officials, in fixing the individual compensation of their assistants, deputies and employees and the county commission in fixing the total amount of money to be expended by the county, shall give due consideration to the duties, responsibilities and work required of the assistants, deputies and employees and their compensation shall be reasonable and proper.

(f) After the county commission has fixed the total amount of money to be expended by the county for the ensuing fiscal year and after each county official has fixed the compensation of each of his or her assistants, deputies and employees, as provided in this section, each county official shall file prior to June 30, with the clerk of the county commission, a budget statement for the ensuing fiscal year setting forth the name, or the position designation if then vacant, of each of his or her assistants, deputies and employees, the period of time for which each is employed, or to be employed if the position is then vacant, and his or her monthly or semimonthly compensation.

(g) All budget statements required to be filed by this section shall be verified by an affidavit by the county official making them. Among other things contained in the affidavit shall be the statement that the amounts shown in the budget statement are the amounts actually paid or intended to be paid to the assistants, deputies and employees without rebate, and without any agreement, understanding or expectation that any part thereof shall be repaid to him or her, and that, prior to the time the affidavit is made, nothing has been paid or promised him or her on that account, and that if he or she shall thereafter receive any money, or thing of value, on account thereof, he or she will account for and pay the same to the county. Until the statements required by this section have been filed, no allowance or payments shall be made to any county official or their assistants, deputies and employees.

(h) Each county official named in this section shall have the authority to discharge any of his or her assistants, deputies or employees by filing with the clerk of the county commission a discharge statement specifying the discharge action: Provided, That no deputy sheriff appointed pursuant to the provisions of article fourteen, chapter seven of this code, shall be discharged contrary to the provisions of that article.

Notes of Decisions

Cited in 30 cases (5 in the last 5 years), 1980–2025 · leading case: SER Patrick Morrisey, Attorney Gen. v. W. Va. Ofc. of Disciplinary Couns., etc., 764 S.E.2d 769 (W. Va. 2014).

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SER Patrick Morrisey, Attorney Gen. v. W. Va. Ofc. of Disciplinary Couns., etc., 764 S.E.2d 769 (W. Va. 2014). · cites it 39× “The statute expressly states that the appointment power granted by it is subject to the requirements of W. Va. Code § 7-7-7 (2011) (Supp. 2014). The latter statute expressly requires county commissions to consent to the appointment of assistant prosecutors.”

Harrison Cnty. Comm'n v. Harrison Cnty. Assessor, 658 S.E.2d 555 (W. Va. 2008). · cites it 30× “2003) in connection with W. Va.Code § 7-7-7 (2000) (Repl.Vol.2006) to determine whether a county assessor is required to obtain the advice and consent of the county commission prior to hiring employees to perform assessing and appraising duties when said employees will be paid…”

Eric Burke v. Wetzel Cnty. Comm'n, 815 S.E.2d 520 (W. Va. 2018). · cites it 16× “13 This Court has stated that "with respect to county assessors, the Legislature intended for the more general statute, W. Va. Code § 7-7-7 , to apply to that class of employees who are paid from the general county fund, while W.”

Webster Cnty. Comm'n v. Clayton, 522 S.E.2d 201 (W. Va. 1999). · cites it 32× “Sawyer”] in light of the Commission’s refusal to consent to such hiring as required by W. Va.Code § 7-7-7 (1982) (Repl.Vol.1993).”

Lawson v. Cnty. Comm'n of Mercer Cnty., 483 S.E.2d 77 (W. Va. 1996). · cites it 7× “Consistent with this constitutional mandate, the Legislature enacted W. Va.Code 7-7-7 (1982), which establishes the guidelines to be used by the sheriff and county commission in *82 determining the compensation of various county employees, including deputy sheriffs, within the…”

State ex rel. Core v. Merrifield, 502 S.E.2d 197 (W. Va. 1998). · cites it 10× “IX, § 11 7 , and its power under W.Va. Code § 7-7-7 (1982) to fix the budget of the circuit clerk.”

Neely v. Mangum, 396 S.E.2d 160 (W. Va. 1990). · cites it 6× “Neely following the first indictment had he so desired, pursuant to the authority granted him in W.Va.Code § 7-7-7 (1990) which provides, in pertinent part: “Each county official named in this section shall have the authority to discharge any of his assistants, deputies or…”

Amoroso v. Marion Cnty. Comm'n, 305 S.E.2d 299 (W. Va. 1983). · cites it 5× “W.Va.Code, 7-7-7. The term “employ”, as noted earlier, is expansively defined to include not just the act of hiring, but also the act of permitting a person to *347 work.”

Conley v. Ryan, 92 F. Supp. 3d 502 (S.D.W. Va 2015). · cites it 4× “2d 317 (1993) (holding that county sheriff, an elected county official, qualified as a county employee under Government Tort Claims and Insurance Reform Act), see also W.Va.Code § 7-7-7 (requiring county prosecutors to obtain express consent of the county commission before…”

State v. Macri, 487 S.E.2d 891 (W. Va. 1996). · cites it 4× “See W. Va.Code § 7-7-7 (1993). . Even "[t]he designation of 'assistant,' in the ordinary use of the word, does not contemplate a person given the dignity of an officer.”

McCarty v. Harless, 384 S.E.2d 164 (W. Va. 1989). · cites it 6× “W.Va. Code, 7-7-7. The term “employ”, as noted earlier, is expansively defined to include not just the act of hiring, but also the act of permitting a person to work.”

West Virginia Jud. Inquiry Comm'n v. Dostert, 271 S.E.2d 427 (W. Va. 1980). “The prosecuting attorney of each county may, in accordance with and limited by the provisions of section seven [§7-7-7] of this article, appoint practicing attorneys to assist him in the discharge of his official duties during his term of office.”

Show all 30 citing cases →

— W. Va. Code § 7-7-7(a) — 3 cases

Eric Burke v. Wetzel Cnty. Comm'n, 815 S.E.2d 520 (W. Va. 2018). “13 This Court has stated that "with respect to county assessors, the Legislature intended for the more general statute, W. Va. Code § 7-7-7 , to apply to that class of employees who are paid from the general county fund, while W.”

SER Patrick Morrisey, Attorney Gen. v. W. Va. Ofc. of Disciplinary Couns., etc., 764 S.E.2d 769 (W. Va. 2014). “The statute expressly states that the appointment power granted by it is subject to the requirements of W. Va. Code § 7-7-7 (2011) (Supp. 2014). The latter statute expressly requires county commissions to consent to the appointment of assistant prosecutors.”

Billiter v. Jones (S.D.W. Va 2020).

— W. Va. Code § 7-7-7(b) — 1 case

— W. Va. Code § 7-7-7(h) — 3 cases

Billiter v. Jones (S.D.W. Va 2020).

Merritt v. Casto (S.D.W. Va 2023).

Billiter v. Jones (S.D.W. Va 2020).

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