H. B. 2684
(By Delegates Manuel, Mezzatesta and Michael)
[Introduced February 23, 1995; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section five-a, article one, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to conflicts of
interest of county commissioners.
Be it enacted by the Legislature of West Virginia:
That section five-a, article one, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-5a. Excusal of commissioner from voting where conflict of
interest involved; appointment of substitute for
Each county commissioner present during any county
commission meeting when any question is put shall vote unless he
is immediately and particularly interested therein. Before such
question is put, any member having a direct personal or pecuniary
interest therein should announce this fact, and request to be
excused from voting. The disqualifying interest must be such as
affects the member directly, and not as one of a class.
In the event all three county commissioners have conflicts
of interest, the president of the county commission shall
appoint, from among the elected county officials of the
particular county, an ad hoc commissioner, for each commissioner
who has a conflict, who shall, upon acceptance of the
appointment, proceed to act in the place and stead of the
commissioner on account of whose conflict of interest the
appointment was made and shall have full authority of a county
commissioner for action upon the limited issue for which the
conflict of interest exists.
NOTE: The purpose of this bill is to provide a mechanism
for a county commission to fulfill its statutory duties if all of
the county commissioners have conflicts of interest and are excused from voting.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.