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Committee Substitute House Bill 2961 History

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COMMITTEE SUBSTITUTE

FOR

H. B. 2961

(By Delegates Fleischauer, Marshall, Beach, Shook, Pethtel, Shaver, Varner, Morgan, Perry, Reynolds and Craig)


(Originating in the Committee on Finance)

[March 27, 2009]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1D-9; and to amend and reenact §18B-2A-1 of said code, all relating to the administration of institutions of higher education in West Virginia generally; requiring training and development opportunities for members of the Higher Education Policy Commission, the Council for Community and Technical College Education and the institutional governing boards; revising criteria for membership of the institutional governing boards and the manner in which the membership is determined; and requiring the governor to consider certain factors and seek a certain balance when appointing members.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-1D-9; and that §18B-2A-1 of said code be amended and reenacted, all to read as follows:
ARTICLE 1D. HIGHER EDUCATION ACCOUNTABILITY.
§18B-1D-9. Commission, Council and institutional governing board training and development.

(a) The Commission and Council, either jointly or separately, shall coordinate periodic training and development opportunities for members of the Commission, Council and institutional governing boards.
(b) Within six months of beginning service on the Commission, Council or a board, each new member shall complete at least three hours of training and development. The training and development shall address the following topics:
(1) State goals, objectives and priorities for higher education;
(2) The accountability system for higher education set forth in this article;
(3) The general powers and duties of members; and
(4) Ethical considerations arising from board membership.
(c) Within two years of beginning service on a board, and within every two years of service thereafter, each board member shall complete at least six hours of training and development related to his or her duties.
(d) Annually by July 31, the chair of the Commission, Council and each governing board shall certify to the Commission or Council, as appropriate, the number of hours of training and development that each board member received during the preceding fiscal year.
(e) If the certification indicates that a board member has not completed the training and development required by this section, the Commission or Council, as appropriate, shall send a notice to the Governor and the Secretary of State that the board member is disqualified from continued service, and request that the Governor appoint a replacement for that board member.
(f) The Commission and Council shall report annually by September 30, to the Legislative Oversight Commission on Education Accountability on the training and development that members of the Commission and Council and governing boards under their respective jurisdictions have received during the preceding fiscal year.
(g) As used in this section, "board member" includes a member of the Commission, Council or a governing board.

ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment. establishment of boards for independent community and technical colleges

(a) A board of governors is continued at each of the following institutions: Bluefield State College, Blue Ridge Community and Technical College, The Community and Technical College at West Virginia University Institute of Technology, Concord University, Eastern West Virginia Community and Technical College, Fairmont State University, Glenville State College, Marshall Community and Technical College, Marshall University, New River Community and Technical College, Pierpont Community and Technical College, Shepherd University, Southern West Virginia Community and Technical College, West Liberty State College, West Virginia Northern Community and Technical College, the West Virginia School of Osteopathic Medicine, West Virginia State Community and Technical College, West Virginia State University and West Virginia University, and West Virginia University at Parkersburg.
(b) Independent community and technical colleges established. --
Effective July 1, 2008, the board of advisors is abolished and A board of governors is established for Marshall Community and Technical College; Pierpont Community and Technical College, formerly a division of Fairmont State University; The Community and Technical College at West Virginia University Institute of Technology; West Virginia State Community and Technical College; and West Virginia University at Parkersburg.
The State of West Virginia will be served best if the membership of each governing board is arranged to include: The academic expertise and institutional experience of faculty members and a student of the institution governed by the board; the technical or professional expertise and institutional experience of a classified employee of the institution governed by the board; awareness and understanding of the issues facing the institution governed by the board; and the diverse perspectives that arise from a governing board that is balanced in terms of gender and varied in terms of race and ethnic heritage.
(c)(A) In making the initial appointments to these boards of governors, the Governor may appoint those persons who are lay members of the boards of advisors by June 30, 2008.
(B) At the end of the initial term, and thereafter An appointment to fill a vacancy on the board or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.
(c)(B) The institutional boards of governors for Marshall University and West Virginia University consist of sixteen persons. The boards of governors of the other state institutions of higher education consist of twelve persons.
(d) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of instructor or above duly elected by the faculty of the respective institution;
(2) For the governing boards of institutions under the jurisdiction of the Commission, an additional full-time member of the faculty with the rank of instructor or above duly elected by the faculty of the respective institution and representing a center of excellence designated in the institutional compact;
(3) For the governing boards of institutions under the jurisdiction of the Council, an additional full-time member of the faculty in a high-demand technical program consistent with subdivision six, subsection (b), section three, article one-d of this chapter, with the rank of instructor or above duly elected by the faculty of the respective institution;
(4) A member of the student body in good academic standing, enrolled for college credit work and duly elected by the student body of the respective institution;
(3) (5) A member from the institutional classified employees duly elected by the classified employees of the respective institution; and
(4) (6) For the institutional board of governors at Marshall University, thirteen eleven lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section, and additionally, the dean of the school of medicine or his or her designee;
(5) (7) For the institutional board of governors at West Virginia University, twelve nine lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section, and additionally:
(A) The chairperson of the board of Visitors of West Virginia University Institute of Technology;
(B) A full-time employee representing the extension service at the institution, selected by the extension service employees; and
(C) The dean of the school of medicine or his or her designee;
(6) (8) For each institutional board of governors of the other state institutions of higher education, nine eight lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section.
(e) Of the nine eight members appointed by the Governor, no more than five may be of the same political party. Of the thirteen eleven members appointed by the Governor to the governing board of Marshall University, no more than eight six may be of the same political party. Of the twelve nine members appointed by the Governor to the governing board of West Virginia University, no more than seven five may be of the same political party.
(f) Of the nine eight members appointed by the Governor, at least six four shall be residents of the state. Of the thirteen eleven members appointed by the Governor to the governing board of Marshall University, at least eight six shall be residents of the state. Of the twelve nine members appointed by the Governor to the governing board of West Virginia University, at least eight five shall be residents of the state.
(g) In making lay appointments, the Governor shall:
(1) Consider the need for individual skills, knowledge and experience relevant to governing the institution; the need for awareness and understanding of institutional problems and priorities, including those related to research, teaching and outreach; and the value of gender, racial and ethnic diversity;
(2) Seek balance in gender and diversity in the racial and ethnic characteristics of the lay membership of each board; and
(3) Appoint to each governing board the superintendent of a county board of education from the area served by the institution.
(f)(h) The student member serves for a term of one year. Each term begins on the first day of July.
(g) The (i) Each employee and faculty member serves for a term of two years. Each term begins on the first day of July. Employee and faculty members are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.
(h)(j) The member representing classified employees serves for a term of two years. Each term begins on the first day of July. Members representing classified employees are eligible to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.
(i)(k) The appointed lay citizen members serve terms of up to four years each and are eligible to succeed themselves for no more than one additional term.
(j)(l) A vacancy in an unexpired term of a member shall be filled for the unexpired term within thirty days of the occurrence of the vacancy in the same manner as the original appointment or election. Except in the case of a vacancy, all elections shall be held and all appointments shall be made no later than the thirtieth day of June 30 preceding the commencement of the term. Each board of governors shall elect one of its appointed lay members to be chairperson in June of each year. except for the fiscal year beginning July 1, 2008, only, when the board shall elect the chairperson in July A member may not serve as chairperson for more than four consecutive years.
(k)(m) The appointed members of the institutional boards of governors serve staggered terms of up to four years except that four of the initial appointments to the governing boards of community and technical colleges which become that became independent July 1, 2008, are for terms of two years and five of the initial appointments are for terms of four years.
(l)(n) A person is ineligible for appointment to membership on a board of governors of a state institution of higher education under the following conditions:
(1) For a baccalaureate institution or university, a person is ineligible for appointment who is an officer, employee or member of any other board of governors; an employee of any institution of higher education in West Virginia; an officer or member of any political party executive committee; the holder of any other public office or public employment under the government of this state or any of its political subdivisions; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the Council or Commission. This subsection does not prevent the representative representatives from the employees, faculty, classified employees, students, or the superintendent of a county board of education serving pursuant to subsection (d) of this section from being members of the governing boards.
(2) For a community and technical college, a person is ineligible for appointment who is an officer, employee or member of any other board of governors; a member of a board of visitors of any public institution of higher education in West Virginia; an employee of any institution of higher education; an officer or member of any political party executive committee; the holder of any other public office, other than an elected county office, or public employment, other than employment by the county board of education, under the government of this state or any of its political subdivisions; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the Council or Commission. This subsection does not prevent the representative from the faculty, classified employees, students, or chairpersons of the boards of advisors from being members of the governing boards.
(m)(o) Before exercising any authority or performing any duties as a member of a governing board, each member shall qualify as such by taking and subscribing to the oath of office prescribed by Section five, Article IV of the Constitution of West Virginia and the certificate thereof shall be filed with the Secretary of State.
(n)(p) A member of a governing board appointed by the Governor may not be removed from office by the Governor except for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal of the state elective officers by the Governor.
(o)(q) The president of the institution shall make available resources of the institution for conducting the business of its board of governors. The members of the board of governors serve without compensation, but are reimbursed for all reasonable and necessary expenses actually incurred in the performance of official duties under this article upon presentation of an itemized sworn statement of expenses. All expenses incurred by the board of governors and the institution under this section are paid from funds allocated to the institution for that purpose.
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