McHUGH, Justice:
The County Commission of Greenbrier County ("Commission") seeks a writ of prohibition in connection with the issuance of a writ of mandamus against it by the Honorable John L. Cummings on May 20, 2011. After finding that the Commission acted arbitrarily and capriciously by reducing the budget of Respondent James W. Childers, Sheriff of Greenbrier County ("Sheriff'), the trial court directed the Commission to: 1) allocate sufficient funds in the fiscal year 2011-12 budget for the Sheriff to fill any necessary vacant positions;
As part of its annual budget setting process, the Commission met with various public officials, including the Sheriff,
In setting the Sheriff's budget for fiscal year 2011-12, the Commission compared the Sheriff's budget with past budgets of the Greenbrier County Sheriff's office,
With regard to the line item of "Travel and Training," the Commission noticed that the 2010-11 Greenbrier County Sheriff's budget had been allotted $102,000 for these purposes whereas Kanawha County, a county with four times the Greenbrier County Sheriff's budget,
Due to the Sheriff's decision to stop participating in the cooperative drug task force with the State Police, the Commission recognized that there was no need to allot $20,000 for overtime pay for two sheriff's deputies as had previously been the case. Another factor that the Commission considered in setting the Sheriff's budget for 2011-12 was the Sheriff's failure to spend money that had been previously appropriated in the 2010-11 budget for the hiring of two additional deputies.
The Sheriff responded to the reductions to his 2011-12 budget by filing a petition for a writ of mandamus.
In granting the writ of mandamus, the trial court wholly discarded the evidence introduced by the Commission regarding law enforcement costs in other counties, stating that it did "not consider such testimony to be relevant to the decision to be reached." According to the lower court, such evidence, "while interesting, is not of much help."
In an effort to comply with the trial court's ruling, the Commission made multiple attempts to meet with the Sheriff. When those efforts proved unsuccessful,
The five-factor test we apply for examining whether a writ of prohibition should be granted because a trial court exceeded its legitimate powers is well-ensconced in our jurisprudence. See Syl. Pt. 4, State ex rel. Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996). Accordingly, we proceed to determine whether the trial court's issuance of a writ of mandamus was in excess of its authority.
That "the county courts [now county commissions] of this State are vested with a wide discretion in the superintendence and administration of the internal police and fiscal affairs of their counties" is well established. Syl. Pt. 1, in part, Meador v. County Court, 141 W.Va. 96, 87 S.E.2d 725 (1955). The founders of this State, as we related in Meador, "were concerned with an assurance of local self-government."
The mechanism by which county commissions receive and consider the proposed budgets prepared by county officials is set forth in West Virginia Code § 7-7-7 (2010). Through an annual process that involves a review of the needs and requests of county officials, each county commission identifies an aggregate sum for the respective budgets of its various county officials. In reaching the respective aggregate sums, a county commission is required to "give due consideration to the duties, responsibilities and work required
The constraints on using a writ of mandamus for purposes of directing the budgetary actions of a county commission are well settled. As we iterated in State ex rel. Canterbury v. County Court, 151 W.Va. 1013, 158 S.E.2d 151 (1967), the separation of powers doctrine
In considering whether the trial court improperly issued the writ of mandamus in Canterbury, we revisited this Court's decision in State ex rel. Buxton v. O'Brien, 97 W.Va. 343, 125 S.E. 154 (1924), a case which addressed the limits of using mandamus as a form of relief in matters of budget setting. When the county court
Id. at 349, 125 S.E. at 157. As a result, we held in syllabus point one of O'Brien: "Mandamus is a proper remedy to compel tribunals and officers exercising discretionary and judicial powers to act, when they refuse so to do, in violation of their duty, but it is never employed to prescribe in what manner they shall act, or to correct errors they have made." Id. at 343, 125 S.E. at 154 (emphasis supplied).
Without finding arbitrariness or willfulness with regard to the county clerk's budget reduction, the trial court in Canterbury had directed the county court to "`reconvene and reconsider the estimate and levy for the fiscal year 1967-68 and to redetermine and reallot a sufficient sum of money for the continued operation of the county clerk's office.'" Id. at 1025, 158 S.E.2d at 159. Recognizing a need to clarify the law in this area, we held in syllabus point two of Canterbury: "In the absence of arbitrary action on the part of a county court in the exercise of its discretion as to the sum to be allotted to the office of the county clerk for the compensation of deputies and assistants for the ensuing fiscal year, in accordance with the provisions of Code, 7-7-7, as amended, mandamus will not lie." 151 W.Va. at 1013, 158 S.E.2d at 153. Because the trial court had not found the county court to have acted arbitrarily in reducing the budget at issue, this Court concluded that the trial court lacked the proper legal basis for issuing a writ of mandamus. 151 W.Va. at 1025, 158 S.E.2d at 159.
In considering whether the judiciary had the right to interfere with the county commissions' actions, we recognized that courts, as a general rule, do not interfere with the administrative duties of the executive department. The budget setting power of a county commission is not without limitation, however, as we explained in Lambert.
Lambert, 182 W.Va. at 147-48, 386 S.E.2d at 645-46 (quoting Canterbury, 151 W.Va. at 1020, 158 S.E.2d at 156-57) (additional citation omitted).
Given the requirements imposed on the county commission by West Virginia Code § 7-7-7 to provide "reasonable and proper" compensation to the staff of county officers and to "give due consideration" to the "duties, responsibilities and work required" of those individuals, we determined that the county commission was required to consult with each county officer as part of the budget setting process. Because the respective budgets were prepared in Lambert without this required consultation, the county commissions' actions in setting the budgets at issue qualified as arbitrary. 182 W.Va. at 148, 386 S.E.2d at 646. Accordingly, we held in syllabus point one of Lambert that
182 W.Va. at 143, 386 S.E.2d at 641.
Despite the fact that the county commissions had acted arbitrarily in setting the budgets at issue in Lambert, this Court was clear that the Circuit Court of McDowell County had exceeded its authority in directing the McDowell County Commission to restore the two budgets at issue to the level of the preceding fiscal year. In contrast, the Wayne County Circuit Court had correctly recognized the limits on the relief it could grant by ordering the parties to reconvene for the purpose of considering whether to revise the county officer's budget in light of the county officer's demonstrated monetary need. As we explained,
Lambert, 182 W.Va. at 149, 386 S.E.2d at 647 (citation omitted). As initially articulated in Buxton, mandamus may be used to order parties to act but it cannot be used to direct the specific actions of those entities. See 97 W.Va. at 343, 125 S.E. at 154, syl. pt. 1.
In this case, the trial court sought to avoid the impediment that prevented mandamus from being proper in Canterbury—the lack of a finding of arbitrariness or capriciousness. See Syl. Pt. 2, Canterbury, 151 W.Va. at 1013, 158 S.E.2d at 153. In the ruling at issue in the case before us, the trial court found two grounds for the issuance of the writ of mandamus: arbitrary and capricious action and misapprehension of the law.
To support its finding of arbitrary and capricious action, the trial court cited the reduction in the Sheriff's budget as contrasted to an unspecified increase in funding for other county officers and projects. And, in conclusory fashion, the trial court stated that these "cuts interfere with the Sheriff's ability to fulfill his constitutional and statutory duties." Our review of the record in this case reveals that the budget cuts at issue were not random and without basis, as claimed by the Sheriff. Quite the opposite is true. Of the $144,814 reduction in the law enforcement salary and wages line item it appears that either $105,000 or $107,000 of that amount was due to the Sheriff's failure to hire three additional deputies for whom the Commission had included funds to cover their salaries in the preceding budget year. And, the record is clear, that in the event the Sheriff were to hire these additional employees, the Commission had indicated its willingness to provide the additional funds for their wages. To look at the budget reduction without factoring in the substantial increase in funding that the Sheriff had been provided the previous two budget years is misleading. Of further import to this case is the fact that the Sheriff was fully funded for all of his current employees and those employees, like all other county employees, had received a $100 increase in salary. Upon our careful review of the record of this case, we do not find that the Commission acted arbitrarily or capriciously in making reductions to the Sheriff's budget for fiscal year 2011-12.
While the trial court makes the assumption that the budget cuts at issue necessarily will "interfere with the Sheriff's ability to fulfill his constitutional and statutory duties," we made it clear in Lambert that a claim of improper funding under West Virginia Code § 7-7-7 must be "clearly proved." 182 W.Va. at 148, 386 S.E.2d at 646. Before any action would be warranted in connection with a county officer's claim that he or she is prevented from fulfilling his or her statutory duties based on budgetary concerns, there must first be an evidentiary proceeding through which the issue of inadequate funding within the meaning of West Virginia Code § 7-7-7 is established. In this case, the record is devoid of any evidentiary basis for the trial court's conclusion that the Sheriff's statutory duties will be affected by the reduction. Moreover, absent evidence that a county commission has budgeted a clearly inadequate sum for the performance of the statutory duties of a county officer, a trial court lacks the authority to direct a county commission to meet for the purpose of preparing a revised budget. Given the lack of any such evidence in this case, the trial court clearly exceeded its authority in directing the Commission to prepare a revised budget for fiscal year 2011-12.
In ruling that the Commission misapprehended the law, the trial court wrongly injected itself into fiscal matters clearly reserved
In syllabus point five of Lambert, this Court held that "[w]here a county commission arbitrarily fixes a county officer's budget without complying with the provisions of W. Va.Code, 7-7-7, as amended, the county commission is responsible for the county officer's reasonable attorney's fees incurred in a mandamus proceeding to compel compliance with that statute." 182 W.Va. at 143, 386 S.E.2d at 641. Citing that authority, the trial court awarded attorney's fees to the Sheriff as part of its mandamus relief. Based on our determination that the record does not support the trial court's conclusion that the Commission acted arbitrarily and capriciously in reducing the Sheriff's budget and because the record also does not support a finding that the Commission failed to comply with the requirements of West Virginia Code § 7-7-7, we find that the trial court's award of attorney's fees was improper.
Based on the foregoing, we find that the trial court exceeded its jurisdiction in awarding a writ of mandamus to the Sheriff and, accordingly, we issue a writ of prohibition to prevent the enforcement of the May 20, 2011, ruling of the Circuit Court of Greenbrier County including the award of attorney's fees granted to the Sheriff. See Syl. Pt. 4, Hoover, 199 W.Va. at 14-15, 483 S.E.2d at 14-15.
Writ granted.