WV bill would eliminate the Herbert Henderson Office of Minority Affairs and name a building after him

Earlier this month, the West Virginia Senate introduced a bill that would eliminate the Herbert Henderson Office of Minority Affairs and allocate the remaining money to the Entrepreneurship and Innovation Investment Fund. 

The Herbert Henderson Office exists to create spaces where issues affecting minorities—including Black communities—can be discussed. It also performs research, makes policy recommendations to the governor and the Legislature, and, most notably, coordinates state grants and loan programs aimed at racial minorities. These include programs that support Black-owned small businesses. 

BBG Folk Reporters reached out to the bill’s lead sponsor, Sen. Patricia Rucker, R-Jefferson, to ask about her motivation for introducing the bill. 

“The Office of Minority Affairs has only been in existence since 2012,” Rucker said over email.  “I believe, and I have always felt, that anything that is good for West Virginians of a certain color or gender, should be good for all West Virginians and made available to all. The reason the funding should go to Entrepreneurship and Innovation is because the main beneficial work that the office did, to support small businesses, can continue through that fund.” 

Rucker is the first Latina woman elected to the West Virginia Senate. She is also a Venezuelan immigrant, who came to the U.S. with her parents at the age of six.

Rucker’s bill, Senate Bill 879, is not the first sign suggesting that some West Virginia elected officials want the Office of Minority Affairs gone, per reporting from Ogden Newspapers’ Steven Allen Adams. 

When lawmakers passed the budget bill for Fiscal Year 2026, during last year’s legislative session, there was no line item funding the Office of Minority Affairs. Meanwhile, the budget for Fiscal Year 2025 included nearly $400,000 for the office. 

The office’s executive director, Jill Upson, also left her job the very same day that Fiscal Year 2026 began. At the time, a representative for Gov. Patrick Morrisey said she was taking an economic development position in state government and would still serve as the office’s acting director to make sure “its statutory functions continue to be carried out.”

Upson is still listed as the executive director on the office’s website. A BBG Folk Reporter called and emailed the office, but did not receive any response. 

Morrisey’s representative also told reporters that the Office of Minority Affairs was not being closed, and that it didn’t receive a line item in the budget because “there is sufficient funding to support the office’s operations.” But, as Adams reported, there was no directive allowing leftover funds from years past to roll over and be used during Fiscal Year 2026. Legislative sources said any leftover funds would go into the general revenue fund. 

A representative from the West Virginia Democratic Party accused Morrisey of illegally trying to close the office by defunding it. The party also considered leading a coalition of groups to file a lawsuit over that. So far, no suit has been filed. 

The Office of Minority Affairs’ website lists no upcoming events, but it did help organize a Project on Racism Contest earlier this year. West Virginia kids and teens were invited to create posters, art, music, films or essays, celebrating Martin Luther King, Jr.’s life and legacy. 

Eliminating the Herbert Henderson Office, but naming a building after him

In addition to eliminating the Herbert Henderson Office of Minority Affairs, SB 879 would name Building 3 of the West Virginia State Capitol Complex after Herbert Henderson. 

Herbert Henderson was an iconic figure in the West Virginia Civil Rights Movement. He was captain of the football team at what is now called West Virginia State University. He was also the first Black graduate of George Washington University Law School, and he eventually became president of the West Virginia NAACP for 20 years. 

Henderson was instrumental in supervising school desegregation. He fought to convince the state of West Virginia to recognize Martin Luther King, Jr.’s birthday. And, among his many achievements, he was also the lead attorney in a successful desegregation lawsuit that forced several Huntington restaurants to serve patrons of all races. 

“Designating Building 3 to the memory of Herbert H. Henderson is an appropriate way of celebrating and remembering the life and legacy of this great West Virginian,” says SB 879. 

The bill would also direct state officials to consult with the West Virginia Department of Tourism to develop signs and plaques to commemorate Henderson’s life. 

Rucker’s push to shutter the Office of Minority Affairs comes after Gov. Patrick Morrisey led the charge to ban Diversity, Equity and Inclusion (DEI) programs in state government and schools during the 2025 Legislative Session. 

The purpose of DEI programs is to promote the fair treatment of groups that have been historically underrepresented or discriminated against, including women, people of color and the LGBTQ+ community. Many arguments in support of the ban implied DEI programs teach that “one race, ethnic group or sex is morally or intellectually superior to another.”

Morrisey used Christianity to justify banning DEI during his 2025 State of the State address, which BBG Folk Reporters wrote about last year. 

“We’re going to root out DEI and eradicate the woke virus from infecting our schools,” Morrisey said. “Here in West Virginia, we’re going to follow the Equal Protection Clause of the Constitution. Every person is equal in the eyes of God, and starting now, they’ll be equal under the law as well. We are not ever going to provide unlawful special privileges to special classes of people.” 

A BBG Folk Reporter reached out to every Black lawmaker in the West Virginia Legislature to ask about the bill to defund the Office of Minority Affairs. Del. Anitra Hamilton, R-Monongalia, said she was unfamiliar with the bill, but would do more research. She didn’t respond to repeated additional requests for comment after that. 

Del. Hollis Lewis, R-Kanawha, didn’t respond to any requests for comment, but he did alert the public to the bill’s existence on his Facebook. 

“If you care about preserving this office, we need you to show up at the Capitol,” Lewis said in a post.

He also urged people to contact Sen. Mike Woelfel, D-Cabell, the minority chair of the committee to which the bill was referred. 

“You may have the opportunity to testify during the committee process or, at a minimum, make your voice heard and express your concerns,” Lewis said. 

In a phone interview, Del. Sean Hornbuckle, D-Cabell, said it was hypocritical of West Virginia Republicans to name Building 3 after Herbert Henderson for his stance against discrimination and racism, while SB 879 is “rooted in racism and discrimination.” 

SB 879 has not yet been placed on a committee agenda.