CHARLESTON — A West Virginia county sought clarification regarding state law after a spokesperson for Gov. Patrick Morrisey said Juneteenth would not be considered a state paid holiday for public workers.

In an advisory opinion issued Monday to Berkeley County Prosecuting Attorney Joseph Kinser by Attorney General J.B. McCuskey cited State Code that requires county commissions to close courthouses and annexes for recognized national holidays.

However, McCuskey also said it would be up to the county commissioners and county elected officers to decide whether to give their employees a paid day off for Juneteenth.

“We conclude that the Berkeley County Commission must close its courthouse and annexes on Juneteenth,’ McCuskey wrote. “The Commission can, in its discretion, still require its own employees to report to work on Juneteenth. It cannot, however, require employees of duly elected county officials to report to work.”

The Governor’s Office was asked last week by WOWK-TV whether Morrisey would make Thursday, June 19, a paid holiday for state employees to celebrate Juneteenth, the final emancipation of Black slaves during the Civil War.

“The answer is no,” said Drew Galang, deputy press secretary for the Governor’s Office, in a statement to WOWK-TV. Galang said Morrisey would recognize the historic importance of the day with a proclamation.

“Governor Morrisey will be formally recognizing Juneteenth with an official proclamation recognizing the significance of the day and will encourage all West Virginians to take a moment to commemorate the end of slavery in the U.S.,” Galang said. “Due to the continued fiscal challenges facing West Virginia, state government will not be sponsoring any formal activities.”

According to the National Registry of Juneteenth Organizations and Supporters, Juneteenth commemorates the official end of slavery after Union Maj. Gen. Gordon Granger announced the end of the Civil War and the emancipation of Black slaves after landing in Galveston, Texas, on June 19, 1865.

Even though President Abraham Lincoln had signed the Emancipation Proclamation freeing all slaves on Jan. 1, 1863, and the Confederate States of America surrendered at Appomattox Courthouse on April 9, 1865, news of the Emancipation Proclamation was kept from Texas slaves — one of the furthest outposts in the Confederacy. Until Union soldiers arrived two months after the surrender, there was no way to enforce it.

While celebrated in the Black community, Juneteenth saw a decline in the early 1900s. The annual event saw a resurgence in the 1960s with the Civil Rights movement. Juneteenth celebrations have become major events over the last few years.

In West Virginia, Juneteenth has been recognized by previous governors through proclamations, beginning with former governor Earl Ray Tomblin in 2016. In 2021, former governor – now U.S. Senator – Jim Justice made Juneteenth a paid holiday for state employees, providing state employees with two paid holidays off in a row in conjunction with West Virginia’s birthday on June 20.

Congress passed the Juneteenth National Independence Day Act in 2021, signed into law by former President Joe Biden, making Juneteenth a recognized federal holiday. In his advisory opinion, McCuskey did not weigh in on whether the Juneteenth national holiday would be considered a state holiday under State Code.

“Separately, whether Juneteenth is a ‘legal holiday’ under West Virginia Code Section 2-2-1 depends on whether the President issues a proclamation recognizing it as a national holiday or day of observance. If the President does not issue a proclamation recognizing Juneteenth as a day of observance or holiday, the day will not be ‘legal holiday’ for purposes of West Virginia law…But without seeing the language of any presidential proclamation, we cannot yet say whether it meets the requirements set out in Section 2-2-1.”

The move to not make Juneteenth a paid holiday for state employees comes after Morrisey signed Senate Bill 474 in April, eliminating diversity, equity and inclusion (DEI) programs and related positions across the state’s executive branch, public schools and higher education institutions.

In a January executive order, Morrisey defined DEI, in part, as “any effort to promote differential treatment of or provide special benefits to individuals on the basis of race, color, sex, ethnicity, or national origin…(and) any effort to promote or promulgate trainings, programming, recruitment, retention, or activities designed or implemented with preferential treatment of any race, color, sex, ethnicity, or national origin over another.”

In the budget bill setting the general revenue budget for fiscal year 2026 beginning in July passed by the Legislature and signed by Morrisey, there also appears to be no line item for the Herbert Henderson Office of Minority Affairs.

Created by the Legislature in 2012, the Herbert Henderson Office of Minority Affairs — named for a famed Huntington attorney and civil rights advocate — works on issues affecting minorities in the state, promotes best practices for programs and services aimed at minority populations, conducts research to improve public policy, and provides grant funding.

For the current fiscal year ending on Monday, June 30, the Herbert Henderson Office of Minority Affairs was budgeted $396,726, transferred to its Minority Affairs Fund. The office was funded at the same level for fiscal year 2024. 

Last year, the office hosted a Juneteenth celebration on the weekend of June 15 on the grounds of the State Capitol Complex, featuring live music, vendors, games, and prizes. According to the office’s website, its last posted event was a joint event on Jan. 12 with the Martin Luther King Jr. State Holiday Commission celebrating the life of the late civil rights icon. No events appear to be scheduled by the office for Juneteenth this week.