H. B. 4521


(By Delegates S. Williams and Beach)
[Introduced February 18, 1994 ; referred to the
Committee on Education.]




A BILL to amend and reenact section four, article six, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to classified employees of higher education institutions; and providing for guaranteed representation on advisory councils.
Be it enacted by the Legislature of West Virginia:

That section four, article six, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6. OTHER BOARDS AND ADVISORY COUNCILS.

§ 18B - 6 - 4. Advisory councils of classified employees.

Effective the first day of July, one thousand nine hundred eighty-nine, each governing board shall be assisted by an advisory council of classified employees.

During the month of April of each even-numbered year, each president or other administrative head of a state institution of higher education, including Potomac State College of West Virginia University and West Virginia University at Parkersburg, at the direction of the councils and in accordance with procedures established by the councils, shall convene a meeting or otherwise institute a balloting process to elect one classified employee to serve on the appropriate governing board's advisory council of classified employees. which shall consist of one classified employee, so elected, from each such institution under the appropriate governing board The advisory council, so elected, shall consist of representatives from each such institution under the appropriated governing board apportioned as follows: (a) One representative for the first five hundred classified employees at each institution, (b) an additional representative for the next five hundred employees at each institution, and (c) an additional representative for every one thousand employees or major fraction thereof after the first one thousand at each institution with a minimum of one representative from each institution. Terms of the members of such councils shall be for two years and shall begin on the first day of July of each even-numbered year, and members of the advisory councils shall be eligible to succeed themselves. For the purpose of this section the term "institution of higher education" includes the facilities and staff supervised by the senior administrator employed by the governing boards, who shall be deemed a part of the state college system, and the West Virginia network for telecomputing, who shall be deemed a part of the state university system.
Each advisory council of classified employees shall meet at least once each quarter. One of the quarterly meetings shall be during the month of July, at which meeting each council shall elect a chairman, who shall be by virtue of the office a voting member of the appropriate governing board: Provided, That the board of directors' advisory council for classified employees' chairman shall not be a member of the staff supervised by the central administrative official. No member may vote by proxy at such election. In the event of a tie in the last vote taken for such election, a member authorized by the council shall select the chairman by lot from the names of those persons tied. Immediately following the election of a chairman, each council shall elect, in the manner prescribed by this section for the election of a chairman, a member of the council to preside over meetings of the council in the chairman's absence. Should the chairman vacate the position, the council shall meet and elect a new chairman to fill the unexpired term within thirty days following such vacancy.
Each advisory council of classified employees, through its chairman and in any other appropriate manner, shall consult and advise its governing board in matters of higher education in which the classified employees may have an interest.
Members of each advisory council shall serve without compensation, but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their official duties from funds allocated to the state institution of higher education served.
Each governing board shall furnish secretarial services to its advisory council of classified employees, and each advisory council shall cause to be prepared minutes of its meetings, which minutes shall be available, upon request, to any classified employee of a state institution of higher education represented on the council. Such minutes shall be forwarded to the advisory council of classified employees serving the other governing board.



NOTE: The purpose of this bill is to provide proportionate representation for classified employees of higher education institutions on advisory councils.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.