Thu. Oct 17th, 2024

The final version of “Shiveree of Seneca Rock” includes an elk, cardinal and an English bulldog. (Perry Bennett | West Virginia Legislative Photography)

The West Virginia Capitol Building Commission voted Wednesday to ratify the ongoing installation of murals in the state Capitol’s rotunda.

The ratifying vote — which occurred during the body’s regular quarterly meeting — was approved by members 4-1, with former state Del. Brent Boggs the only no vote. Boggs said his no vote was due to this being his first meeting as a member of the commission and not feeling comfortable approving something he was not a part of creating.

The mural project is the subject of an ongoing lawsuit filed by citizen Gregory Morris and McDowell County artist Tom Acosta, who previously entered a bid to execute the murals. 

The suit — filed on Aug. 30 in Kanawha County Circuit Court — alleges that the lead up to the decision to install the murals circumvented state purchasing requirements and violated open meetings laws.

According to arguments in the lawsuit, Department of Arts, Culture and History Secretary Randall Reid-Smith made a “unilateral decision” without the OK from the Capitol Building Commission — which reviews and rules on proposed alterations within the state Capitol complex — to move forward with the mural project nearly 10 years after it was initially approved and, ultimately, scrapped. 

Initial approval for the project came from the commission in 2010. There were no funds available at the time, however, to move forward with it. 

Smith began work in 2021 to revisit the mural project, but the project was never brought to the Capitol Building Commission for another vote. The contract for performing the installation was given to Connecticut-based firm John Canning & Co., which was the original winner of a 2010 bid, again without consideration or approval by current members of the Commission.

Wednesday’s vote to ratify the project comes as it is already halfway completed. 

Four of the murals that are part of the project have already been installed and unveiled in the rotunda, including one that features a distant relative of Babydog, Gov. Jim Justice’s pet bulldog. The dog was not included in drafts for the mural, sparking controversy and criticism from those who believe the dog’s likeness is an inappropriate feature and not part of the state’s history.

The next phase of the project — which is scheduled to be finished and unveiled in the next few weeks — will feature four more allegorical murals. 

Outside of Boggs’ comments explaining his vote, there was no discussion by members of the commission regarding the vote Wednesday.

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