H. B. 2782
(By Delegates Beach, Perry, Marshall and Houston)
[Introduced
March 1, 2005
; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §8-21-3 of the Code of West Virginia,
1931, as amended, relating to municipalities generally; and
increasing the number of members a municipality may appoint to
a board of park and recreation commission from not less than
three to not more than seven.
Be it enacted by the Legislature of West Virginia:
That §8-21-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 21. BOARD OF PARK AND RECREATION COMMISSIONERS.
§8-21-3. Members; quorum; qualifications; election or appointment;
terms; disqualification.
The board shall consist of not less than three nor more than
five seven members as may be provided by charter provision or
ordinance, a majority of whom shall constitute a quorum for the
transaction of business, except as hereinafter in this article
provided. Each member of
said the board must be a resident and freeholder of the city. It may be provided either by charter
provision or by ordinance for the appointment of the members
thereof by the governing body, but unless and until such provision
is made, the members of the board shall be elected by the qualified
voters of the city at appropriate regular municipal elections.
Membership on the governing body shall not disqualify any member
for election to the board. If provision is made for the
appointment of members as aforesaid and the board consists of three
or four members, one member of the governing body, if otherwise
qualified, may be appointed by the governing body, and if the board
consists of five members not more than two members of the governing
body so qualified may be so appointed. The term of the board
membership of any such member of the governing body so appointed
shall continue during his
or her term as a member of such governing
body and until his
or her successor is appointed or elected and
qualified. The terms of other appointed or of elected members
shall be for six years, and until their successors have been duly
appointed or elected and qualified:
Provided, That notwithstanding
the fact that there be no charter provision or ordinance for
appointment of the members of the board, the governing body of the
city shall appoint the members of the first board, such appointees
to serve, one for a term of six years, one for a term of four
years, and one for a term of two years. The date upon which the
terms of
such the board members shall begin shall be specified by
ordinance. When any member of the board, during his
or her term of
office, shall cease to be a resident and freeholder of the city, he
or she shall thereby be disqualified as a member of
said the board
and his
or her office shall thereupon become vacant.
NOTE: The purpose of this bill is to increase the number of
members a municipality may appoint to a board of park and
recreation commission from not less than three to not more than
seven.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.