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State Auditor of West Virginia

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State Auditor of West Virginia
NameState Auditor of West Virginia
IncumbentJB McCuskey
Incumbentsince2017
Formation1863
InauguralHomer A. Holt
WebsiteOfficial website

State Auditor of West Virginia is a statewide constitutional officer responsible for financial oversight, accounting, and payroll functions for the West Virginia executive branch. The office enforces statutory controls on public funds, issues financial reports, and administers property tax-related duties within the state's fiscal framework. The Auditor interacts regularly with elected officials, judicial officers, and local entities such as counties and municipalities.

Overview

The Auditor's office is established under the Constitution of West Virginia and operates within the context of statewide administration involving the West Virginia Legislature, the Office of the Governor of West Virginia, and county-level authorities like the Kanawha County Commission and Cabell County Commission. Responsibilities intersect with entities such as the West Virginia State Treasurer, the West Virginia Secretary of State, and the West Virginia Supreme Court of Appeals when audits, financial statements, or investigations relate to public funds. The office also coordinates with federal agencies including the United States Department of the Treasury, the United States Government Accountability Office, and the United States Department of Labor on matters of grants and payroll compliance.

Duties and Powers

Statutorily mandated duties include statewide accounting functions, payroll administration for agencies reporting to the Auditor, and oversight of unclaimed property programs interacting with holders and claimants across institutions such as the Bank of America, Wells Fargo, and regional credit unions. The Auditor issues annual financial reports comparable to standards promoted by the Governmental Accounting Standards Board and consults with the American Institute of Certified Public Accountants on auditing standards. Enforcement powers permit the office to audit public entities like the West Virginia Board of Education, higher education institutions such as West Virginia University and Marshall University, and local school districts, following procedures similar to practices at the Office of the State Comptroller in other states. The Auditor also administers tax-related processes for tangible personal property, aligning with statutes passed by the West Virginia Legislature and interpreted through opinions from the West Virginia Attorney General.

Office Structure and Administration

The Auditor's organizational structure typically includes divisions for Accounting, Auditing, Payroll, Tax Compliance, and Unclaimed Property. Leadership teams often comprise a Chief Financial Officer, Chief Auditor, and general counsel who liaise with legal and fiscal entities like the American Bar Association and professional bodies such as the Association of Government Accountants. Operational units coordinate with statewide systems like the West Virginia Statewide Automated Child Welfare System and procurement processes that involve vendors, contractors, and firms including the Big Four (auditing) when external audits are engaged. The office maintains records managed under rules from the West Virginia Secretary of State and interagency memoranda with the Office of Management and Budget (United States) for federal grant reconciliation.

Election and Term of Office

The Auditor is elected in statewide partisan elections held concurrently with other statewide officers like the Governor of West Virginia and the West Virginia Secretary of State. Candidates typically emerge from political parties such as the Democratic Party (United States) in West Virginia and the Republican Party (United States) in West Virginia and campaign alongside figures including the Attorney General of West Virginia and the State Treasurer of West Virginia. Terms, electoral filing, and ballot procedures follow statutes administered by the West Virginia Secretary of State and are subject to scrutiny by courts including the United States District Court for the Northern District of West Virginia in election disputes. Campaign finance filings involve reporting similar to requirements overseen by the Federal Election Commission for federal offices and state counterparts.

History and Notable Auditors

From its 1863 formation during the American Civil War and the creation of West Virginia, the Auditor's office has been held by figures who interacted with statewide developments such as the Coal Wars and policy shifts during the New Deal. Early auditors and subsequent officeholders have included attorneys, accountants, and legislators connected to institutions like Marshall College and Shepherd University. Notable auditors have occasionally progressed to other offices such as the Governor of West Virginia or the United States Congress, reflecting patterns seen in states where fiscal officers transition to executive roles. Historical events that shaped the office include litigation over taxation and administrative reforms influenced by national models from the National Association of State Auditors, Comptrollers and Treasurers.

Notable Audits and Controversies

The Auditor's office has conducted high-profile audits of agencies including the West Virginia Department of Health and Human Resources, the West Virginia Department of Education, and local authorities implicated in controversies over misallocated funds, grant administration, and procurement irregularities. Cases have sometimes involved coordination with federal investigators such as the Federal Bureau of Investigation and the United States Department of Justice when alleged fraud or misuse of federal funds occurred. Controversies have prompted legislative responses in the West Virginia Legislature and oversight hearings before committees analogous to those in the United States House Committee on Oversight and Accountability.

Relationship with Other State Agencies

The Auditor collaborates closely with the West Virginia State Treasurer on cash management, with the West Virginia Department of Revenue on tax administration, and with the West Virginia Ethics Commission on conflicts of interest and disclosure. Interactions extend to higher education boards like the West Virginia Higher Education Policy Commission and public safety entities such as the West Virginia State Police when audits touch procurement or grant compliance. The office’s reports inform budget deliberations by the Joint Committee on Government and Finance (West Virginia) and support fiscal policy decisions made by the Governor of West Virginia and the West Virginia Legislature.

Category:State constitutional officers of West Virginia