H. B. 2998


(By Delegates Manuel, Poling, Doyle and Tabb)

[Introduced February 13, 2003; referred to the

Committee on Education then the Judiciary.]





A BILL to amend and reenact section two, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article five, chapter eighteen of said code, all relating to parliamentary procedure before county boards of education and county commissions; and providing that motions made at meetings of such bodies need not be seconded.

Be it enacted by the Legislature of West Virginia:
That section two, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section four, article five, chapter eighteen of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-2. Sessions.

(a) The county court commission of each county shall hold four regular sessions in each year at the courthouse thereof, at such times as may be fixed upon and entered of record by the court commission. It may also hold special sessions, whenever the public interests may require it, to be called by the president with the concurrence of at least one other commissioner; and the commissioner, if any, not concurring therein, must have at least twenty-four hours' notice of the time appointed for such the special session. A notice of the time of such the special session, and of the purpose for which it will be held, shall be posted by the clerk of the court county commission, at the front door of the courthouse of the county, at least two days before such the session is to be held. If such the commissioner, after due notice thereof, shall willfully fail to attend such the special session, he or she shall forfeit not less than five nor more than twenty dollars.
 (b) Notwithstanding any other provision of law to the contrary, a motion made during a session of the county commission need not be seconded to properly bring the matter before the commission.
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-4. Meetings; employment and assignment of teachers; budget hearing; compensation of members; affiliation with state and national associations.

(a) The board shall meet on the first Monday of July, and upon the dates provided by law for the laying of levies, and at any other times the board fixes upon its records. At any meeting as authorized in this section and in compliance with the provisions of article four of this chapter, the board may employ qualified teachers, or those who will qualify by the time of entering upon their duties, necessary to fill existing or anticipated vacancies for the current or next ensuing school year. At a meeting of the board, on or before the first Monday of May, the superintendent shall furnish in writing to the board a list of those teachers to be considered for transfer and subsequent assignment for the next ensuing school year; all other teachers not listed are considered as reassigned to the positions held at the time of this meeting. The list of those recommended for transfer shall be included in the minute record and the teachers listed shall be notified in writing. The notice shall be delivered in writing, by certified mail, return receipt requested, to the teachers' last-known addresses within ten days following the board meeting, of their having been recommended for transfer and subsequent assignment.
(b) Special meetings may be called by the president or any three members, but no business may be transacted other than that designated in the call.
(c) In addition, a public hearing shall be held concerning the preliminary operating budget for the next fiscal year not less than ten days after the budget has been made available to the public for inspection, and within a reasonable time prior to the submission of the budget to the state board for approval. Reasonable time shall be granted at the hearing to any person who wishes to speak regarding any part of the budget. Notice of the hearing shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code.
(d) A majority of the members constitutes the quorum necessary for the transaction of official business.
(e) Notwithstanding any other provision of law to the contrary, a motion made during a meeting of the board need not be seconded in order to properly bring the matter before the board.
(e) (f) Board members may receive compensation at a rate not to exceed one hundred sixty dollars per meeting attended, but they may not receive pay for more than fifty meetings in any one fiscal year: Provided, That board members who serve on an administrative council of a multicounty vocational center may also receive compensation for attending up to twelve meetings of the council at the same rate as for meetings of the board. Meetings of the council are not counted as board meetings for purposes of determining the limit on compensable board meetings.
(f) (g) Members shall also be paid, upon the presentation of an itemized sworn statement, for all necessary traveling expenses, including all authorized meetings, incurred on official business, at the order of the board.
(g) (h) When, by a majority vote of its members, a county board considers it a matter of public interest, the board may join the West Virginia school board association and the national school board association, and may pay the dues prescribed by the associations and approved by action of the respective county boards. Membership dues and actual traveling expenses of board members for attending meetings of the West Virginia school board association may be paid by their respective county boards out of funds available to meet actual expenses of the members, but no allowance may be made except upon sworn itemized statements.


NOTE: The purpose of this bill is to provide that motions made at meetings of county boards of education and county commissions need not be seconded.

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