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
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
(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
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
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
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