H. B. 4747
(By Mr. Speaker, Mr. Kiss, and Delegates Martin and Border)
[Passed March 11, 2000; in effect ninety days from passage.]
AN ACT to reform, alter and modify the county commission of Wirt
County under the provisions of section thirteen, article nine
of the constitution of West Virginia.
Be it enacted by the Legislature of West Virginia:
WIRT COUNTY COMMISSION.
The Legislature hereby finds and declares that, by a petition
presented to the county commission of the county of Wirt, at least
ten percent of the registered voters of said county have requested
the reformation, alteration and modification of the county
commission of said county, so as to replace the county commission
with a new form of administration entitled the county
administrators. The Legislature further finds and declares that,
by a letter dated the eighteenth day of January, two thousand, said
county commission has verified that the petition is proper and has
requested the Legislature to so reform, alter and modify said county commission, as required by the provisions of section
thirteen, article nine of the constitution of this state. The
Legislature further finds and declares that it fulfills the
mandatory requirements of said petition and of said section
thirteen of the constitution by the provision of this act.
Reformation, alteration and modification of the Wirt County
commission; composition; application of laws.
That on and after the first day of January, two thousand one,
a tribunal of five persons called the county administrators shall
replace the previous and existing county commission in the county
of Wirt, and shall have the powers, duties and responsibilities of
a county commission as provided for in the constitution and general
laws of this state. Notwithstanding any other provision to the
contrary, any reference to a county commission or to county
commissioners in the constitution or laws of this state shall be
construed to include and to reference the county administrators in
the county of Wirt, unless the reference conflicts with a specific
provision of this act.
§3.Election of county administrators; terms of office; meetings;
chief administrator; compensation; exception.
At the general election to be held in the year two thousand,
there shall be elected on a nonpartisan ballot by the voters of the
county of Wirt, five county administrators, no more than two to be
elected from any one county district. If three or more persons residing in the same district shall receive the greatest number of
votes cast at any election then only two of such persons receiving
the highest number shall be declared elected, and the person living
in another district, who shall receive the next highest number of
votes, shall be declared elected. The county administrators shall
hold office for a term of four years and may serve no more than two
consecutive terms, except that at the first meeting of said county
administrators elected in the year two thousand, the administrators
shall designate the person receiving the highest number of votes in
each of the county's three districts and those three county
administrators shall serve initial four year terms. The elected
county administrator who received the next highest number of votes
and the elected county administrator with the least amount of votes
shall each serve an initial two year term and then may each stand
for reelection to four year terms.
The county administrators shall meet at least twenty-four
times annually and may call such special meetings as needed,
including meetings as the board of equalization. Each county
administrator shall receive one hundred dollars for each meeting
attended. At the first meeting of said county administrators
elected in the year two thousand, the administrators shall
designate by lot, or otherwise in such manner as they may
determine, one of their number who shall serve as chief
administrator. The chief administrator shall serve as chairperson of the county administrators and the position shall be rotated on
an annual basis.
Submission to voters of question of reformation, alteration
and modification of the county commission; publications.
At the primary election to be held in the year two thousand,
the question of the reformation, alteration and modification of the
county commission as provided in this act shall be submitted to the
voters of Wirt County voting at such election, on a separate ballot
furnished by the county commission, in the following form:
"For reformation of the county commission.
Against reformation of the county commission.
Notice of the election on the question shall be given by
publication of this act in each weekly or daily newspaper as a
Class II-O legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, in the county at
least once in each week for two successive weeks immediately
preceding the election.
§5. Effect of result of vote on modification of the county
If a majority of the votes cast upon the question be for
reformation of the county commission, this act shall be and remain
in full force and effect; but, if a majority of said votes be against reformation of said county commission, said act shall be
void and of no further force and effect.