Senate Bill No. 434

(By Senator Prezioso)

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[Introduced February 4, 1999;

referred to the Committee on Education.]

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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 removing the term limits for the chairmen of the advisory councils of classified employees.

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. ADVISORY COUNCILS OF FACULTY.
§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, West Virginia university at Parkersburg, West Virginia university institute of technology, the Robert C. Byrd health sciences Charleston division of West Virginia university and the Marshall university graduate college, 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 institution under the appropriate governing board. Terms of the members of the 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, which is a part of the state college system, and the West Virginia network for telecomputing, which is 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 chair shall serve no more than two consecutive terms: Provided, however, That the board of directors' advisory council for classified employees' chairman shall may not be a member of the staff supervised by the central administrative official. No member may vote by proxy at the election. In the event of a tie in the last vote taken for the 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 the 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. The minutes shall be forwarded to the advisory council of classified employees serving the other governing board.


NOTE: The purpose of this bill is to remove the term limits for the chairmen of the advisory councils of classified employees which advise the governing boards at state institutions of higher education.

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