Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2795 History

OTHER VERSIONS  -  Engrossed Version  |     |  Email


hb2795 intr
H. B. 2795


(By Delegates Perry, Pino, Beach,

Wells and Williams)

[Introduced March 1, 2005; referred to the

Committee on Education then Finance.]




A BILL to amend and reenact §18B-1B-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2-9 of said code; and to amend and reenact §18B-2A-1 of said code, all relating generally to the consolidation of administrative, information, technological, financial and operating systems and functions of West Virginia University Institute of Technology with and into such systems and functions of West Virginia University; providing that the President of West Virginia University Institute of Technology shall report to the President of West Virginia University, or otherwise as the board of governors of West Virginia University directs; authorizing the board of governors of West Virginia University to combine and consolidate the administrative, information, technological, financial and operating systems and functions of West Virginia University Institute of Technology with and into such systems and functions of West Virginia University; providing that the auxiliary enterprises of West Virginia University Institute of Technology shall be incorporated into the West Virginia University Auxiliary Enterprise System; and providing that two members of the board of advisers for West Virginia University Institute of Technology be placed on the board of governors at West Virginia University.

Be it enacted by the Legislature of West Virginia:
That §18B-1B-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18B-2-9 of said code be amended and reenacted; and that §18B-2A-1 of said code be amended and reenacted, all to read as follows:
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of presidents of the public institutions of higher education shall be made as follows:
(1) Subject to the approval of the commission, the governing board of the institution appoints a president for Bluefield State College, Concord College, Fairmont State College, Glenville State College, Marshall University, Shepherd College, West Liberty State College, West Virginia School of Osteopathic Medicine, West Virginia State College and West Virginia University.
(2) Subject to the approval of the council and to the provisions of article three-c of this chapter, the governing board of West Virginia University appoints the president of the regional campus known as West Virginia University at Parkersburg. When selecting candidates for consideration to fill the office of president, the governing board shall use the search and screening process provided for in section one, article six of this chapter.
Subject to the approval of the commission, the governing board of West Virginia University appoints the president of the regional campus known as West Virginia University Institute of Technology. The president of West Virginia University Institute of Technology each regional campus serves at the will and pleasure of the appointing governing board, and for management and executive purposes shall report and be accountable to the president of West Virginia University, or otherwise as the board of governors of West Virginia University may determine from time to time.
(3) Subject to the approval of the council, the governing board of the community and technical college appoints a president for eastern West Virginia Community and Technical College, southern West Virginia Community and Technical College and West Virginia Northern Community and Technical College.
(4) Subject to the approval of the council, the governing board of the sponsoring institution appoints a president for each administratively linked community and technical colleges college which shares a physical campus location with the sponsoring institution, including Fairmont State Community and Technical College, Marshall Community and Technical College, the Community and Technical College at West Virginia University Institute of Technology and West Virginia State Community and Technical College.
(5) Subject to the approval of the council, the governing board of the community and technical college appoints a president for each administratively linked community and technical college which does not share a physical campus location with the sponsoring institution, including New River Community and Technical College and the Community and Technical College of Shepherd.
Subject to the approval of the council, the governing board of the sponsoring institution appoints a president for each of these two community and technical colleges until the institution gains independent accreditation.
(b) Other appointments. -- Effective the first day of July, two thousand five, the institutional president shall appoint a provost to be the administrative head of the Potomac Campus of West Virginia University.
(c) Evaluation of presidents. -- The appointing governing board shall conduct written performance evaluations of each institution's president, including the presidents of administratively linked community and technical colleges. Evaluations shall be done in every fourth year of employment as president, recognizing unique characteristics of the institution and utilizing institutional personnel, institutional boards of advisors as appropriate, staff of the appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing board. A part of the evaluation shall be a determination of the success of the institution in meeting the requirements of its institutional compact.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.

§18B-2-9. West Virginia University Institute of Technology.
(a) Notwithstanding any other provisions of this code to the contrary, the authority to establish, maintain and operate West Virginia Institute of Technology is hereby transferred to the board of trustees effective the first day of July, one thousand nine hundred ninety-six. West Virginia Institute of Technology shall henceforth be known as West Virginia University Institute of Technology and shall be operated as a regional campus of West Virginia University under the same procedures, policies, rules and practices utilized by West Virginia University and the board of trustees in operating West Virginia University at Parkersburg and Potomac State College of West Virginia University: Provided, That on and after the first day of July, two thousand six, the governing board of West Virginia University shall have the full authority, power and right, in its discretion, to coordinate, consolidate, integrate, merge or otherwise alter or combine the various administrative, informational, technological, financial and operating systems and functions of West Virginia University Institute of Technology in, into or with any systems and functions of West Virginia University, so that West Virginia University Institute of Technology operates as a fully integrated division of West Virginia University. Effective the first day of July, two thousand six, the advisory board previously appointed for West Virginia University Institute of Technology shall be known as the board of visitors and shall provide guidance to West Virginia University Institute of Technology in carrying out its mission.
(b) Notwithstanding any other provisions of this code to the contrary and notwithstanding the resource allocation policy of the board of trustees, in allocating funds to the institutions under its jurisdiction, the board of trustees, through the first day of July, two thousand one, shall ensure that each institution receives no less than the amount of funds that each institution would have received if West Virginia Institute of Technology had not been transferred to the jurisdiction of the trustees.
(c) Title to all property previously transferred to or vested in the board of directors for the exclusive use or benefit of West Virginia Institute of Technology is hereby transferred to the board of trustees. Each valid agreement, obligation or claim entered into or incurred by the board of directors on behalf of West Virginia Institute of Technology is hereby transferred to the board of trustees.
(d) Revenues of West Virginia Institute of Technology previously pledged to pay off the indebtedness of revenue bonds issued by the board of directors shall continue to be paid to the board of directors until the existing debt is fully paid. An annual payment of three hundred seventy-three thousand eighty-nine dollars for each of the years remaining on the present system bond issue of the board of directors shall constitute the debt of West Virginia University Institute of Technology to the board of directors under this subsection. If the board of directors approves, the board of trustees or West Virginia University Institute of Technology may discharge this indebtedness through alternative payment plans or methods, including prepayment discounted appropriately.
(e) To compensate the other state college institutions for the amount that would have been reallocated under the resource allocation policy of the board of directors if West Virginia Institute of Technology had remained under the jurisdiction of the board of directors, West Virginia University Institute of Technology shall transfer two hundred eighty-four thousand five hundred twenty-five dollars to the board of directors for each of the fiscal years one thousand nine hundred ninety-six-- ninety-seven, one thousand nine hundred ninety-seven--ninety-eight, and one thousand nine hundred ninety-eight--ninety-nine.
(f) West Virginia University Institute of Technology shall retain the same or a lower type of southern regional education board classification as an institution until at least the first day of July, two thousand.
(g) Until at least the first day of July, one thousand nine hundred ninety-seven, West Virginia University Institute of Technology shall retain the same promotion and tenure process in place prior to the transfer effectuated by this section.
(h) Effective the first day of July, two thousand six, auxiliary enterprises of West Virginia University Institute of Technology shall be incorporated into the West Virginia University auxiliary enterprise system. The West Virginia University board of governors shall determine if operations at the West Virginia University Institute of Technology campus can be operated on a self-sufficient basis when establishing rates for auxiliary services and products.
(h)(i) For the purposes of meeting the requirements of section one, article seven of this chapter, West Virginia University Institute of Technology, West Virginia University at Parkersburg, and Potomac State College of West Virginia University shall be considered separate institutions of higher education.
(i) (j) Any new moneys appropriated to or received by West Virginia University Institute of Technology shall be allocated to West Virginia University Institute of Technology under the policies of the board of trustees.
It is the intent of the Legislature in implementing the merger of West Virginia University and West Virginia Institute of Technology that new graduate programs offered by West Virginia University at the West Virginia University Institute of Technology will not duplicate existing graduate programs currently offered by Marshall University and the West Virginia Graduate College. Before any graduate programs are offered by West Virginia University at the West Virginia University Institute of Technology, they must be approved by the board of trustees.
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, Concord College, Eastern West Virginia Community and Technical College, Fairmont State College, Glenville State College, Marshall University, Shepherd College, 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 College University and West Virginia University.
(b) For the Community and Technical College of Shepherd and New River Community and Technical College the institutional board of advisors remains in place until the institution achieves independent accreditation as provided in section eight, article three-c of this chapter.
(1) As long as the institutional board of advisors remains in place, the chairperson of the board of advisors serves as an ex officio, voting member of the board of governors of the sponsoring institution;
(2) When the community and technical college achieves independent accreditation, the board of advisors is abolished and a board of governors is established with members appointed pursuant to this section;
(3) When a board of governors is established for the community and technical college:
(A) The chairperson of the governing board of the sponsoring institution serves as an ex officio, nonvoting member of the governing board of the community and technical college board of governors; and
(B) The chairperson of the governing board of the community and technical college serves as an ex officio, nonvoting member of the governing board of the sponsoring institution.
(4) In making the initial appointments to these boards of governors, the Governor shall appoint those persons who are lay members of the institutional boards of advisors, except in the case of death, resignation or failure to be confirmed by the Senate.
(c) The institutional board of governors for Marshall University consists of sixteen persons and the institutional board of governors for West Virginia University consists of seventeen persons. Each other board of governors consists 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) 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 chairperson of the institutional board of advisors of the Community and Technical College at West Virginia University Institute of Technology, and West Virginia University at Parkersburg, and two members of the board of advisors for 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.
(e) 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.
(f) The student member serves for a term of one year. Each term begins on the first day of July.
(g) 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.
(h) 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) The appointed lay citizen members serve terms of four years each and are eligible to succeed themselves for no more than one additional term.
(j) 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 two consecutive years.
(k) The appointed members of the institutional boards of governors serve staggered terms of four years.
(l) 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.
(m) 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) 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) 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.

Finance Committee Title Amendment Pending

H. B. 2795 -- "A BILL to repeal §18B-2-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18B-1-12; to amend and reenact §18B-1B-6 of said code; and to amend and reenact §18B-2A-1 of said code, all relating generally to the relationships between West Virginia University Institute of Technology, West Virginia University and the West Virginia University Board of Governors; providing for coordination, consolidation and incorporation of certain systems, functions, operations and enterprises between the institutions; establishing reporting and accountability requirements for the President of West Virginia University Institute of Technology; and expanding the membership of the West Virginia University Board of Governors.".

Finance Committee Amendment Pending


the Committee on Finance moves to amend the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18B-2-9 of the Code of West Virginia, 1931, as amended, be repealed;
that said Code be amended by adding thereto a new section, designated §18B-1-12; that §18B-1B-6 of said Code be amended and reenacted; and that §18B-2A-1 of said Code be amended and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-12. West Virginia University Institute of Technology.
(a) West Virginia University Institute of Technology continues as a regional campus of West Virginia University. The West Virginia University Board of Governors has full authority and discretion to coordinate, consolidate, integrate, merge or otherwise alter or combine the various administrative, informational, technological, financial and operating systems and functions of West Virginia University Institute of Technology in, into or with any system or function of West Virginia University.
(b) Auxiliary enterprises of West Virginia University Institute of Technology are incorporated into the West Virginia University auxiliary enterprise system. The West Virginia University board of governors shall require that, to the extent practicable, auxiliary operations at West Virginia University Institute of Technology are operated on a self-sufficient basis when establishing budgets and evaluating the operations of auxiliary enterprises.
(c) For the purposes of meeting the requirements of section one, article seven of this chapter, West Virginia University Institute of Technology, West Virginia University at Parkersburg, and the Potomac Branch of West Virginia University are considered separate institutions of higher education.
(d) Any new graduate program offered by West Virginia University at West Virginia University Institute of Technology requires the prior approval of the Commission, and may not duplicate an existing graduate program offered by Marshall University Graduate College.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of presidents of the state public institutions of higher education shall be are made as follows:
(1) Subject to the approval of the Commission, the governing board of the institution appoints a president for Bluefield State College, Concord College University, Fairmont State College University, Glenville State College, Marshall University, Shepherd College University, West Liberty State College, West Virginia School of Osteopathic Medicine, West Virginia State College University and West Virginia University.
(2) Subject to the approval of the Council and to the provisions of article three-c of this chapter, the governing board of West Virginia University appoints the president of the regional campus known as West Virginia University at Parkersburg. When selecting candidates for consideration to fill the office of president, the governing board shall use the search and screening process provided for in section one, article six of this chapter.
Subject to the approval of the Commission The governing board of West Virginia University appoints the president of the regional campus known as West Virginia University Institute of Technology. The president of West Virginia University Institute of Technology each regional campus serves at the will and pleasure of the appointing governing board, and for management and executive purposes, reports and is accountable to the president of West Virginia University, or otherwise as determined by the board of governors.
(3) Subject to the approval of the Council, the governing board of the community and technical college appoints a president for the Community and Technical College of Shepherd, Eastern West Virginia Community and Technical College, New River Community and Technical College, Southern West Virginia Community and Technical College and West Virginia Northern Community and Technical College.
(4) Subject to the approval of the Council, the governing board of the sponsoring institution appoints a president for each administratively-linked community and technical colleges college which shares a physical campus location with the sponsoring institution, including Fairmont State Community and Technical College, Marshall Community and Technical College, the Community and Technical College at West Virginia University Institute of Technology and West Virginia State Community and Technical College.
(5) Subject to the approval of the Council, the governing board of the community and technical college appoints a president for each administratively-linked community and technical college which does not share a physical campus location with the sponsoring institution, including New River Community and Technical College and the Community and Technical College of Shepherd.
Subject to the approval of the Council, the governing board of the sponsoring institution appoints a president for each of these two community and technical colleges until the institution gains independent accreditation.
(b) Other appointments. -- Effective the first day of July, two thousand five, the institutional shall appoint The president of West Virginia University appoints a provost to be the administrative head of the Potomac Campus of West Virginia University.
(c) Evaluation of presidents. -- The appointing governing board shall conduct written performance evaluations of each institution's president, including the presidents of administratively-linked community and technical colleges. Evaluations shall be are done in every fourth year of employment as president, recognizing unique characteristics of the institution and utilizing institutional personnel, institutional boards of advisors as appropriate, staff of the appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing board. A part of the evaluation shall be a determination of the success of the institution in meeting the requirements of its institutional compact.
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, the Community and Technical College of Shepherd, Concord College University, Eastern West Virginia Community and Technical College, Fairmont State College University, Glenville State College, Marshall University, New River Community and Technical College, Shepherd College 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 College University and West Virginia University.
(b) For the Community and Technical College of Shepherd and New River Community and Technical College governing boards: the institutional board of advisors remains in place until the institution achieves independent accreditation as provided in section eight, article three-c of this chapter.
(1) As long as the institutional board of advisors remains in place, the chairperson of the board of advisors serves as an ex officio, voting member of the board of governors of the sponsoring institution;
(2) When the community and technical college achieves independent accreditation, the board of advisors is abolished and a board of governors is established with members appointed pursuant to this section;
(3) When a board of governors is established for the community and technical college:
(A) The chairperson
(1) The chair of the governing board of the sponsoring institution serves as an ex officio, nonvoting member of the governing board of the community and technical college board of governors; and
(B) The chairperson
(2) The chair of the governing board of the community and technical college serves as an ex officio, nonvoting member of the governing board of the sponsoring institution.
(4) In making the initial appointments to these boards of governors, the Governor shall appoint those persons who are lay members of the institutional boards of advisors, except in the case of death, resignation or failure to be confirmed by the Senate.
(c) The institutional board of governors for Marshall University consists of sixteen persons and the institutional board of governors for West Virginia University consists of seventeen eighteen persons. Each other board of governors consists 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) 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 chair 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, serving as ex officio, voting members, the chairperson chairs of the institutional board boards of advisors of the Community and Technical College at West Virginia University Institute of Technology, and West Virginia University at Parkersburg, and 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 chair 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 is the superintendent of a county board of education from the area served by the institution.
(e) 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 are 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 are residents of the state.
(f) The student member serves for a term of one year. Each term begins on the first day of July.
(g) 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.
(h) 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) The appointed lay citizen members serve terms of four years each and are eligible to succeed themselves for no more than one additional term.
(j) A vacancy in an unexpired term of a member shall be is 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 are held and all appointments shall be are made no later than the thirtieth day of June preceding the commencement of the term. Each board of governors shall elect elects one of its appointed lay members to be chairperson chair in June of each year. A member may not serve as chairperson chair for more than two consecutive years.
(k) The appointed members of the institutional boards of governors serve staggered terms of four years.
(l) 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 chairs 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 chairs of the boards of advisors from being members of the governing boards.
(m) 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) 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) 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.".





This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****