ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 2005
(By Senators Tomblin, Mr. President, and Caruth,
By Request of the Executive)
____________
[Passed August 21, 2007; in effect from passage.]
_____________
AN ACT to amend and reenact §18B-1B-3 and §18B-1B-4 of the Code of
West Virginia, 1931, as amended; to amend and reenact
§18B-2A-1 of said code; to amend and reenact §18B-2B-5 of said
code; to amend and reenact §18B-6-1 of said code; and to amend
and reenact §18B-9-4 of said code, all relating to higher
education generally; Higher Education Policy Commission;
authorizing the Higher Education Policy Commission to convey
real property; West Virginia Council for Community and
Technical College Education; institutional boards of governors
and institutional boards of advisors; providing for election
of officers; terms of office; meetings; authorizing
institutions to provide salary increases if funds are
available for certain classified employees under certain circumstances; and deleting obsolete language.
Be it enacted by the Legislature of West Virginia:
That §18B-1B-3 and §18B-1B-4 of the Code of West Virginia,
1931, as amended, be amended and reenacted; that §18B-2A-1 of said
code be amended and reenacted; that §18B-2B-5 of said code be
amended and reenacted; that §18B-6-1 of said code be amended and
reenacted; and that §18B-9-4 of said code be amended and reenacted,
all to read as follows:
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-3. Meetings and compensation.
(a) The commission shall meet as needed at the time and place
specified by the call of the chairperson.
(b) The commission shall hold an annual meeting at the final,
regularly scheduled meeting of each fiscal year for the purpose of
electing officers. At the annual meeting, the commission shall
elect from its members appointed by the Governor a chairperson and
other officers as it may consider necessary or desirable. All
officers are elected from the citizen appointees. The chairperson
and other officers are elected for a one-year term commencing on
the first day of July following the annual meeting and ending on
the thirtieth day of June of the following year. The chairperson
of the commission may serve no more than four consecutive terms as
chair.
(c) Members of the commission shall be reimbursed for actual
and necessary expenses incident to the performance of their duties
upon presentation of an itemized sworn statement thereof. The
foregoing reimbursement for actual and necessary expenses shall be
paid from appropriations made by the Legislature to the commission.
(d) A majority of the members constitutes a quorum for
conducting the business of the commission.
§18B-1B-4. Powers and duties of Higher Education Policy
Commission.
(a) The primary responsibility of the commission is to
develop, establish and implement policy that will achieve the goals
and objectives found in section one-a, article one of this chapter.
The commission shall exercise its authority and carry out its
responsibilities in a manner that is consistent and not in conflict
with the powers and duties assigned by law to the West Virginia
Council for Community and Technical College Education and the
powers and duties assigned to the governing boards of Marshall
University and West Virginia University, respectively. To that
end, the commission has the following powers and duties relating to
the institutions under its jurisdiction:
(1) Develop, oversee and advance the public policy agenda
pursuant to section one, article one-a of this chapter to address
major challenges facing the state, including, but not limited to, the goals and objectives found in section one-a, article one of
this chapter and including specifically those goals and objectives
pertaining to the compacts created pursuant to section two, article
one-a of this chapter and to develop and implement the master plan
described in section nine of this article for the purpose of
accomplishing the mandates of this section;
(2) Develop, oversee and advance the implementation jointly
with the council of a financing policy for higher education in West
Virginia. The policy shall meet the following criteria:
(A) Provide an adequate level of education and general funding
for institutions pursuant to section five, article one-a of this
chapter;
(B) Serve to maintain institutional assets, including, but not
limited to, human and physical resources and deferred maintenance;
(C) Invest and provide incentives for achieving the priority
goals in the public policy agenda, including, but not limited to,
those found in section one-a, article one of this chapter; and
(D) Incorporate the plan for strategic funding to strengthen
capacity for support of community and technical college education
established by the West Virginia Council for Community and
Technical College Education pursuant to the provisions of section
six, article two-b of this chapter;
(3) In collaboration with the council, create a policy leadership structure capable of the following actions:
(A) Developing, building public consensus around and
sustaining attention to a long-range public policy agenda. In
developing the agenda, the commission and council shall seek input
from the Legislature and the Governor and specifically from the
State Board of Education and local school districts in order to
create the necessary linkages to assure smooth, effective and
seamless movement of students through the public education and
post-secondary education systems and to ensure that the needs of
public school courses and programs can be fulfilled by the
graduates produced and the programs offered;
(B) Ensuring that the governing boards carry out their duty
effectively to govern the individual institutions of higher
education; and
(C) Holding the higher education institutions and the higher
education systems as a whole accountable for accomplishing their
missions and implementing the provisions of the compacts;
(4) Develop and adopt each institutional compact;
(5) Review and adopt the annual updates of the institutional
compacts;
(6) Serve as the accountability point to:
(A) The Governor for implementation of the public policy
agenda; and
(B) The Legislature by maintaining a close working
relationship with the legislative leadership and the Legislative
Oversight Commission on Education Accountability;
(7) Jointly with the council, promulgate legislative rules
pursuant to article three-a, chapter twenty-nine-a of this code to
fulfill the purposes of section five, article one-a of this
chapter;
(8) Establish and implement a peer group for each institution
as described in section three, article one-a of this chapter;
(9) Establish and implement the benchmarks and performance
indicators necessary to measure institutional achievement towards
state policy priorities and institutional missions pursuant to
section two, article one-a of this chapter;
(10) Annually report to the Legislature and to the Legislative
Oversight Commission on Education Accountability during the January
interim meetings on a date and at a time and location to be
determined by the President of the Senate and the Speaker of the
House of Delegates. The report shall address at least the
following:
(A) The performance of its system of higher education during
the previous fiscal year, including, but not limited to, progress
in meeting goals stated in the compacts and progress of the
institutions and the higher education system as a whole in meeting the goals and objectives set forth in section one-a, article one of
this chapter;
(B) An analysis of enrollment data collected pursuant to
section one, article ten of this chapter and recommendations for
any changes necessary to assure access to high-quality, high-demand
education programs for West Virginia residents;
(C) The priorities established for capital investment needs
pursuant to subdivision (11) of this subsection and the
justification for such priority;
(D) Recommendations of the commission for statutory changes
needed to further the goals and objectives set forth in section
one-a, article one of this chapter;
(11) Establish a formal process for identifying needs for
capital investments and for determining priorities for these
investments for consideration by the Governor and the Legislature
as part of the appropriation request process. It is the
responsibility of the commission to assure a fair distribution of
funds for capital projects between the commission and the council.
To that end the commission shall take the following steps:
(A) Receive the list of priorities developed by the council
for capital investment for the institutions under the council's
jurisdiction pursuant to subsection (b), section six, article two-b
of this chapter;
(B) Place the ranked list of projects on the agenda for action
within sixty days of the date on which the list was received;
(C) Select a minimum of three projects from the list submitted
by the council to be included on the ranked list established by the
commission. At least one of the three projects selected must come
from the top two priorities established by the council;
(12) Maintain guidelines for institutions to follow concerning
extensive capital project management except the governing boards of
Marshall University and West Virginia University are not subject to
the provisions of this subdivision as it relates to the state
institutions of higher education known as Marshall University and
West Virginia University. The guidelines shall provide a process
for developing capital projects, including, but not limited to, the
notification by an institution to the commission of any proposed
capital project which has the potential to exceed one million
dollars in cost. Such a project may not be pursued by an
institution without the approval of the commission. An institution
may not participate directly or indirectly with any public or
private entity in any capital project which has the potential to
exceed one million dollars in cost;
(13) Acquire legal services as are considered necessary,
including representation of the commission, its institutions,
employees and officers before any court or administrative body, notwithstanding any other provision of this code to the contrary.
The counsel may be employed either on a salaried basis or on a
reasonable fee basis. In addition, the commission may, but is not
required to, call upon the Attorney General for legal assistance
and representation as provided by law;
(14) Employ a Chancellor for Higher Education pursuant to
section five of this article;
(15) Employ other staff as necessary and appropriate to carry
out the duties and responsibilities of the commission and the
council, in accordance with the provisions of article four of this
chapter;
(16) Provide suitable offices in Charleston for the
chancellor, vice chancellors and other staff;
(17) Advise and consent in the appointment of the presidents
of the institutions of higher education under its jurisdiction
pursuant to section six of this article. The role of the
commission in approving an institutional president is to assure
through personal interview that the person selected understands and
is committed to achieving the goals and objectives as set forth in
the institutional compact and in section one-a, article one of this
chapter;
(18) Approve the total compensation package from all sources
for presidents of institutions under its jurisdiction, as proposed by the governing boards. The governing boards must obtain approval
from the commission of the total compensation package both when
institutional presidents are employed initially and afterward when
any change is made in the amount of the total compensation package;
(19) Establish and implement the policy of the state to assure
that parents and students have sufficient information at the
earliest possible age on which to base academic decisions about
what is required for students to be successful in college, other
post-secondary education and careers related, as far as possible,
to results from current assessment tools in use in West Virginia;
(20) Approve and implement a uniform standard jointly with the
council to determine which students shall be placed in remedial or
developmental courses. The standard shall be aligned with college
admission tests and assessment tools used in West Virginia and
shall be applied uniformly by the governing boards throughout the
public higher education system. The chancellors shall develop a
clear, concise explanation of the standard which they shall
communicate to the State Board of Education and the State
Superintendent of Schools;
(21) Review and approve or disapprove capital projects as
described in subdivision (11) of this subsection;
(22) Jointly with the council, develop and implement an
oversight plan to manage systemwide technology such as the following:
(A) Expanding distance learning and technology networks to
enhance teaching and learning, promote access to quality
educational offerings with minimum duplication of effort; and
(B) Increasing the delivery of instruction to nontraditional
students, to provide services to business and industry and increase
the management capabilities of the higher education system.
(C) Notwithstanding any other provision of law or this code to
the contrary, the council, commission and state institutions of
higher education are not subject to the jurisdiction of the Chief
Technology Officer for any purpose;
(23) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
bachelor's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state community and
technical college with as few requirements to repeat courses or to
incur additional costs as is consistent with sound academic policy;
(24) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
degree the maximum number of credits earned at any regionally
accredited in-state or out-of-state higher education institution
with as few requirements to repeat courses or to incur additional
costs as is consistent with sound academic policy;
(25) Establish and implement policies and procedures to ensure
that students may transfer and apply toward the requirements for a
master's degree the maximum number of credits earned at any
regionally accredited in-state or out-of-state higher education
institution with as few requirements to repeat courses or to incur
additional costs as is consistent with sound academic policy;
(26) Establish and implement policies and programs, in
cooperation with the council and the institutions of higher
education, through which students who have gained knowledge and
skills through employment, participation in education and training
at vocational schools or other education institutions, or
internet-based education programs, may demonstrate by
competency-based assessment that they have the necessary knowledge
and skills to be granted academic credit or advanced placement
standing toward the requirements of an associate degree or a
bachelor's degree at a state institution of higher education;
(27) Seek out and attend regional, national and international
meetings and forums on education and workforce development-related
topics, as in the commission's discretion is critical for the
performance of their duties as members, for the purpose of keeping
abreast of education trends and policies to aid it in developing
the policies for this state to meet the established education goals
and objectives pursuant to section one-a, article one of this chapter;
(28) Develop, establish and implement a rule for higher
education governing boards and institutions to follow when
considering capital projects. The guidelines shall assure that the
governing boards and institutions do not approve or promote capital
projects involving private sector businesses which would have the
effect of reducing property taxes on existing properties or
avoiding, in whole or in part, the full amount of taxes which would
be due on newly developed or future properties;
(29) Consider and submit to the appropriate agencies of the
executive and legislative branches of state government a budget
that reflects recommended appropriations from the commission and
the institutions under its jurisdiction. The commission shall
submit as part of its budget proposal the separate recommended
appropriations it received from the council, both for the council
and the institutions under the council's jurisdiction. The
commission annually shall submit the proposed institutional
allocations based on each institution's progress toward meeting the
goals of its institutional compact;
(30) The commission has the authority to assess institutions
under its jurisdiction, including the state institutions of higher
education known as Marshall University and West Virginia
University, for the payment of expenses of the commission or for the funding of statewide higher education services, obligations or
initiatives related to the goals set forth for the provision of
public higher education in the state;
(31) Promulgate rules allocating reimbursement of
appropriations, if made available by the Legislature, to
institutions of higher education for qualifying noncapital
expenditures incurred in the provision of services to students with
physical, learning or severe sensory disabilities;
(32) Make appointments to boards and commissions where this
code requires appointments from the State College System Board of
Directors or the University of West Virginia System Board of
Trustees which were abolished effective the thirtieth day of June,
two thousand, except in those cases where the required appointment
has a specific and direct connection to the provision of community
and technical college education, the appointment shall be made by
the council. Notwithstanding any provisions of this code to the
contrary, the commission or the council may appoint one of its own
members or any other citizen of the state as its designee. The
commission and council shall appoint the total number of persons in
the aggregate required to be appointed by these previous governing
boards;
(33) Pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code and section six, article one of this chapter, promulgate rules as necessary or expedient to fulfill the
purposes of this chapter. The commission and the council shall
promulgate a uniform joint legislative rule for the purpose of
standardizing, as much as possible, the administration of personnel
matters among the institutions of higher education;
(34) Determine when a joint rule among the governing boards of
the institutions under its jurisdiction is necessary or required by
law and, in those instances, in consultation with the governing
boards of all the institutions under its jurisdiction, promulgate
the joint rule;
(35) In consultation with the governing boards of Marshall
University and West Virginia University, implement a policy jointly
with the council whereby course credit earned at a community and
technical college transfers for program credit at any other state
institution of higher education and is not limited to fulfilling a
general education requirement;
(36) Promulgate a joint rule with the council establishing
tuition and fee policy for all institutions of higher education,
other than state institutions of higher education known as Marshall
University and West Virginia University which are subject to the
provisions of section one, article ten of this chapter. The rule
shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such other policies as the commission and council consider
appropriate;
(37) Implement general disease awareness initiatives to
educate parents and students, particularly dormitory residents,
about meningococcal meningitis; the potentially life-threatening
dangers of contracting the infection; behaviors and activities that
can increase risks; measures that can be taken to prevent contact
or infection; and potential benefits of vaccination. The
commission shall encourage institutions that provide medical care
to students to provide access to the vaccine for those who wish to
receive it; and
(38) Notwithstanding any other provision of this code to the
contrary, sell, lease, convey or otherwise dispose of all or part
of any real property which it may own, either by contract or at
public auction, and to retain the proceeds of any such sale or
lease: Provided, That:
(A) The commission may not sell, lease, convey or otherwise
dispose of any real property without first:
(i) Providing notice to the public in the county in which the
real property is located by a Class II legal advertisement pursuant to section two, article three, chapter fifty-nine of this code;
(ii) Holding a public hearing on the issue in the county in
which the real property is located; and
(iii) Providing notice to the Joint Committee on Government
and Finance; and
(B) Any proceeds from the sale, lease, conveyance or other
disposal of real property that is used jointly by institutions or
for statewide programs under the jurisdiction of the commission or
the council shall be transferred to the General Revenue Fund of the
state.
(b) In addition to the powers and duties listed in subsection
(a) of this section, the commission has the following general
powers and duties related to its role in developing, articulating
and overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership, including a distinct and
visible role in setting the state's policy agenda and in serving as
an agent of change;
(2) Policy analysis and research focused on issues affecting
the system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission
definitions, including use of incentive funds to influence
institutional behavior in ways that are consistent with public
priorities;
(4) Academic program review and approval for institutions
under its jurisdiction, including the use of institutional missions
as a template to judge the appropriateness of both new and existing
programs and the authority to implement needed changes. The
commission's authority to review and approve academic programs for
either the state institution of higher education known as Marshall
University or West Virginia University is limited to programs that
are proposed to be offered at a new location not presently served
by that institution;
(5) Distribution of funds appropriated to the commission,
including incentive and performance-based funding;
(6) Administration of state and federal student aid programs
under the supervision of the vice chancellor for administration,
including promulgation of any rules necessary to administer those
programs;
(7) Serving as the agent to receive and disburse public funds
when a governmental entity requires designation of a statewide
higher education agency for this purpose;
(8) Development, establishment and implementation of
information, assessment and accountability systems, including
maintenance of statewide data systems that facilitate long-term
planning and accurate measurement of strategic outcomes and
performance indicators;
(9) Jointly with the council, developing, establishing and
implementing policies for licensing and oversight for both public
and private degree-granting and nondegree-granting institutions
that provide post-secondary education courses or programs in the
state pursuant to the findings and policy recommendations required
by section eleven of this article;
(10) Development, implementation and oversight of statewide
and regionwide projects and initiatives related to providing
post-secondary education at the baccalaureate level and above such
as those using funds from federal categorical programs or those
using incentive and performance-based funding from any source; and
(11) Quality assurance that intersects with all other duties
of the commission particularly in the areas of research, data
collection and analysis, planning, policy analysis, program review
and approval, budgeting and information and accountability systems.
(c) In addition to the powers and duties provided in
subsections (a) and (b) of this section and any other powers and
duties as may be assigned to it by law, the commission has such
other powers and duties as may be necessary or expedient to
accomplish the purposes of this article.
(d) The commission is authorized to withdraw specific powers
of any governing board of an institution under its jurisdiction for
a period not to exceed two years, if the commission makes a determination that:
(1) The governing board has failed for two consecutive years
to develop an institutional compact as required in article one of
this chapter;
(2) The commission has received information, substantiated by
independent audit, of significant mismanagement or failure to carry
out the powers and duties of the board of governors according to
state law; or
(3) Other circumstances which, in the view of the commission,
severely limit the capacity of the board of governors to carry out
its duties and responsibilities.
The period of withdrawal of specific powers may not exceed two
years during which time the commission is authorized to take steps
necessary to reestablish the conditions for restoration of sound,
stable and responsible institutional governance.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River 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
University and West Virginia University.
(b) The institutional Board of Governors for Marshall
University consists of sixteen persons and the institutional Board
of Governors for West Virginia University consists of eighteen
persons. Each other board of governors consists of twelve persons.
(c) 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) 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) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the institutional Board of Governors at Marshall
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the institutional board of advisors of Marshall Community and Technical College serving as an
ex officio, voting member.
(5) For the institutional Board of Governors at West Virginia
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairpersons of the following boards serving
as ex officio, voting members:
(A) The institutional board of advisors of:
(i) The Community and Technical College at West Virginia
University Institute of Technology; and
(ii) West Virginia University at Parkersburg; and
(B) The Board of Visitors of West Virginia University
Institute of Technology.
(6) For each institutional board of governors of an
institution that does not have an administratively linked community
and technical college under its jurisdiction, nine lay members
appointed by the Governor, by and with the advice and consent of
the Senate, pursuant to this section.
(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
(A) Eight lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section and, additionally, the chairperson of the institutional board of
advisors of the administratively linked community and technical
college; and
(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
(d) Of the eight or nine members appointed by the Governor, no
more than five may be of the same political party. Of the twelve
members appointed by the Governor to the governing boards of
Marshall University and West Virginia University, no more than
seven may be of the same political party. Of the eight or nine
members appointed by the Governor, at least six shall be residents
of the state. Of the twelve members appointed by the Governor to
the governing boards of Marshall University and West Virginia
University, at least eight shall be residents of the state.
(e) The student member serves for a term of one year. Each
term begins on the first day of July.
(f) The faculty member serves for a term of two years. Each
term begins on the first day of July. Faculty members are eligible
to succeed themselves for three additional terms, not to exceed a
total of eight consecutive years.
(g) 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.
(h) The appointed lay citizen members serve terms of four
years each and are eligible to succeed themselves for no more than
one additional term.
(i) 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 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. A member may not serve as
chairperson for more than four consecutive years.
(j) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(k) 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, a member of an institutional board of advisors of any public institution of higher education, 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 or public employment under the government of this state or
any of its political subdivisions 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 or the superintendent of a county board of
education 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 an institutional board of
advisors of any public institution of higher education; 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; 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.
(l) 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.
(m) 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.
(n) 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.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-5. Meetings and compensation.
(a) The council shall meet as needed at the time and place
specified at the call of the chairperson. One meeting each year shall be a public forum for the discussion of the goals and
standards for workforce development, economic development and
vocational education in the state.
(b) The council shall hold an annual meeting at its final,
regularly scheduled meeting of each fiscal year for the purpose of
electing officers. At the annual meeting, the council shall elect
from its voting members a chairperson and other officers as it may
consider necessary or desirable. The chairperson and other
officers are elected for one-year terms commencing on the first day
of July following the annual meeting and ending on the thirtieth
day of June of the following year. The chairperson of the council
may serve no more than four consecutive one-year terms as chair.
(c) Members of the council serve without compensation.
Members shall be 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 their expenses. An ex officio member of the council who is an
employee of the state is reimbursed by the employing agency.
(d) A majority of the voting members constitutes a quorum for
conducting the business of the council. All action taken by the
council shall be by majority vote of the voting members present.
ARTICLE 6. ADVISORY COUNCILS AND BOARDS.
§18B-6-1. Institutional boards of advisors for regional campuses and certain administratively linked community and
technical colleges
.
(a) There are continued institutional boards of advisors as
follows:
(1) For each regional campus. The chairperson of the board of
advisors of West Virginia University at Parkersburg serves as an ex
officio, voting member of the Governing Board of West Virginia
University;
(2) For administratively linked community and technical
colleges which share a physical location with the sponsoring
institution. This category includes Marshall Community and
Technical College, West Virginia State Community and Technical
College and the Community and Technical College at West Virginia
University Institute of Technology. The chairperson of the board
of advisors of each administratively linked community and technical
college serves as an ex officio, voting member of the sponsoring
institution's board of governors, or in the case of the Community
and Technical College at West Virginia University Institute of
Technology, the chairperson of the board of advisors serves as an
ex officio voting member of the Governing Board of West Virginia
University; and
(3) For Pierpont Community and Technical College. The
chairperson of the board of advisors of Pierpont Community and Technical College serves as an ex officio, voting member of the
Fairmont State University Board of Governors.
(b) The lay members of the institutional boards of advisors
for the regional campuses are appointed by the board of governors.
(c) The lay members of the institutional boards of advisors
established for the administratively linked community and technical
colleges and Pierpont Community and Technical College are appointed
by the West Virginia Council for Community and Technical College
Education.
(d) The board of advisors consists of fifteen members,
including a full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution; 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; a member from the
institutional classified employees duly elected by the classified
employees of the respective institution; and twelve lay persons
appointed pursuant to this section who have demonstrated a sincere
interest in and concern for the welfare of that institution and who
are representative of the population of its responsibility district
and fields of study. At least eight of the twelve lay persons
appointed shall be residents of the state. Of the lay members who
are residents of the state, at least two shall be alumni of the respective institution and no more than a simple majority may be of
the same political party.
(e) The student member serves for a term of one year beginning
on the first day of May. The member from the faculty and the
classified employees, respectively, serves for a term of two years
beginning on the first day of May. The twelve lay members serve
terms of four years each beginning on the first day of May. All
members are eligible to succeed themselves for no more than one
additional term. A vacancy in an unexpired term of a member shall
be filled for the remainder of the unexpired term within thirty
days of the occurrence thereof in the same manner as the original
appointment or election. Except in the case of a vacancy:
(1) All elections shall be held and all appointments shall be
made no later than the thirtieth day of April preceding the
commencement of the term; and
(2) Terms of members begin on the first day of May following
election.
(f) Each board of advisors shall hold a regular meeting at
least quarterly, commencing in May of each year. Additional
meetings may be held upon the call of the chairperson, president of
the institution or upon the written request of at least five
members. A majority of the members constitutes a quorum for
conducting the business of the board of advisors.
(g) One of the twelve lay members shall be elected as
chairperson by the board of advisors in May of each year. A member
may not serve as chairperson for more than four consecutive years.
(h) The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under this
section upon presentation of an itemized sworn statement thereof.
All expenses incurred by the boards of advisors and the
institutions under this section shall be paid from funds allocated
to the institutions for that purpose.
(i) Prior to the submission by the president to its governing
board, the board of advisors shall review all proposals of the
institution in the areas of mission, academic programs, budget,
capital facilities and such other matters as requested by the
president of the institution or its governing board or otherwise
assigned to it by law. The board of advisors shall comment on each
such proposal in writing, with such recommendations for concurrence
therein or revision or rejection thereof as it considers proper.
The written comments and recommendations shall accompany the
proposal to the governing board and the governing board shall
include the comments and recommendations in its consideration of and action on the proposal. The governing board shall promptly
acknowledge receipt of the comments and recommendations and shall
notify the board of advisors in writing of any action taken
thereon.
(j) Prior to their implementation by the president, the board
of advisors shall review all proposals regarding institutionwide
personnel policies. The board of advisors may comment on the
proposals in writing.
(k) The board of advisors shall provide advice and assistance
to the president and the governing board in areas including, but
not limited to, the following:
(1) Establishing closer connections between higher education
and business, labor, government and community and economic
development organizations to give students greater opportunities to
experience the world of work. Examples of such experiences include
business and community service internships, apprenticeships and
cooperative programs;
(2) Communicating better and serving the current workforce and
workforce development needs of their service area, including the
needs of nontraditional students for college-level skills upgrading
and retraining and the needs of employers for specific programs of
limited duration; and
(3) Assessing the performance of the institution's graduates and assisting in job placement.
(l) When a vacancy occurs in the office of president of the
institution, the board of advisors shall serve as a search and
screening committee for candidates to fill the vacancy under
guidelines established by the council. When serving as a search
and screening committee, the board of advisors and its governing
board are each authorized to appoint up to three additional persons
to serve on the committee as long as the search and screening
process is in effect. The three additional appointees of the board
of advisors shall be faculty members of the institution. For the
purposes of the search and screening process only, the additional
members shall possess the same powers and rights as the regular
members of the board of advisors, including reimbursement for all
reasonable and necessary expenses actually incurred. Following the
search and screening process, the committee shall submit the names
of at least three candidates to the appropriate governing board.
If the governing board rejects all candidates submitted, the
committee shall submit the names of at least three additional
candidates and this process shall be repeated until the governing
board approves one of the candidates submitted. In all cases, the
governing board shall make the appointment with the approval of the
council or the commission in the case of West Virginia University
Institute of Technology. The governing board or the council shall provide all necessary staff assistance to the board of advisors in
its role as a search and screening committee. This subsection does
not apply to Fairmont State University. The President of Fairmont
State University continues to be appointed pursuant to the
provisions of section six, article one-b of this chapter.
(m) The boards of advisors shall develop a master plan for
those administratively linked community and technical colleges
which retain boards of advisors. The ultimate responsibility for
developing and updating the master plans at the institutional level
resides with the institutional board of advisors, but the ultimate
responsibility for approving the final version of these
institutional master plans, including periodic updates, resides
with the council. The plan shall include, but not be limited to,
the following:
(1) A detailed demonstration of how the master plan will be
used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(3) Documentation of the involvement of the commission, institutional constituency groups, clientele of the institution and
the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than
three nor more than six years and shall be revised periodically as
necessary, including recommendations on the addition or deletion of
degree programs as, in the discretion of the board of advisors, may
be necessary.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-4. Establishment of personnel classification system;
assignment to classification and to salary
schedule.
(a) The commission shall implement an equitable system of job
classifications, with the advice and assistance of staff councils
and other groups representing classified employees, each
classification to consist of related job titles and corresponding
job descriptions for each position within a classification,
together with the designation of an appropriate pay grade for each
job title, which system shall be the same for corresponding
positions of the commission and in institutions under all governing
boards. The equitable system of job classification and the rules
establishing it which were in effect immediately prior to the effective date of this section are hereby transferred to the
jurisdiction and authority of the commission and shall remain in
effect unless modified or rescinded by the commission.
(b) Any classified salary increases distributed within a state
institution of higher education after the first day of July, two
thousand one, shall be in accordance with the uniform
classification system and a uniform and equitable salary policy
adopted by each individual board of governors. Each salary policy
shall detail the salary goals of the institution and the process
whereby the institution will achieve or progress toward achievement
of placing each classified employee at his or her minimum salary on
the schedule established pursuant to section three of this article.
(c) A classified employee may receive a salary in excess of
the salary established by the salary schedule for his or her pay
grade and years of experience only if all such employees at the
institution are receiving at least the minimum salary for their pay
grade and years of experience as established for them by the salary
schedule: Provided, That any salary increase must be provided in a
manner that is consistent with the uniform classification system
and the institution's salary policy.