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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