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Introduced Version House Bill 2458 History

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hb2458 intr
H. B. 2458


(By Delegates Stemple, Proudfoot, Varner and Pethtel)

[Introduced February 17, 2005 ; referred to the

Committee on Political Subdivisions then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to county commissions generally; and providing for the removal of members of boards, authorities and commissions appointed by county commissions.

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 §7-1-3oo, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Removal of members of boards, authorities and commissions appointed by county commissions; notice and hearings.

In addition to all other powers and duties now conferred upon county commissions by law, county commissions are authorized to establish due process procedures to remove, for cause, any member of a board, authority or commission which the county commission has the power to appoint. For the purposes of this section, for cause includes, but is not limited to, inactivity, neglect of duty and malfeasance of a member of a board, authority or commission. The due process procedures adopted by county commissions to implement the provisions of this section shall include provisions for written notice of intent to remove directed to the member subject to removal with a written statement of the reasons for removal. A member of a board, authority or commission subject to removal shall be given an opportunity to be heard by the commission before he or she is removed. The hearing shall be held within ten days of receipt of a request by the member subject to removal. Within five days of the hearing, the commission shall issue a written decision regarding the removal and shall send a copy of the decision to the member of the board, authority or commission subject to the removal.



NOTE: The purpose of this bill is to provide for the removal of members of
boards, authorities and commissions appointed by county commissions .

This section is new; therefore, strike-throughs and underscoring have been omitted.

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