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Introduced Version Senate Bill 554 History

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sb554 intr
Senate Bill No. 554

(By Senators Caruth and Barnes)

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[Introduced March 15, 2005; referred to the Committee

on Government Organization.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-9-4, relating to attendance of officers and employees at official meetings of the municipal governing body or committees thereof which require the presence of a quorum for the conduct of business.

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 §8-9-4, to read as follows:
ARTICLE 9. PROCEEDINGS OF GOVERNING BODIES.
§8-9-4. Required attendance at official meetings; mandamus; removal.

Unless otherwise provided by charter provision, and barring physical infirmity, each elected officer of every municipality who is a member of the governing body shall be present at official meetings of the municipal governing body or committee when a quorum is required to conduct business.
An elected municipal officer who is absent from two or more consecutive meetings which require the presence of a quorum to conduct business may be compelled to attend the next official meeting of the governing body or committee. Compulsion may be initiated by a mandamus action filed by any other elected member of the governing body after an affirmative vote by a majority of those present and entitled to vote at a meeting of the governing body notwithstanding the presence or absence of a quorum. If an action for mandamus is prosecuted by or in the name of the municipality and a show cause order is issued, the elected or appointed municipal officer compelled to answer is liable for all court costs and reasonable attorney fees as determined by the court.
In addition to the remedy provided by this section, any elected municipal officer violating any provision of this section may be removed from office under the provisions of section seven, article six, chapter six of this code.



NOTE: The purpose of this bill is to require attendance by elected and appointed officers
at official meetings of the governing bodies and committees of municipalities. The bill provides that a mandamus action may be filed to compel attendance.

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


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