COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 240
(By Senator Unger)
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[Originating in the Committee on Government Organization;
reported February 12, 2004.]
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A BILL to amend and reenact §6-9A-8 of the code of West Virginia,
1931, as amended, relating to boards and commissions; and
providing that governing bodies of public agencies need not
have a second to a motion if the governing body has seven or
less members.
Be it enacted by the Legislature of West Virginia:
That §6-9A-8 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9A. OPEN GOVERNMENTAL PROCEEDINGS.
§6-9A-8. Acting by reference; seconds to motions; written ballots.
(a) Except as otherwise expressly provided by law, the members
of a public agency may not deliberate, vote or otherwise take
official action upon any matter by reference to a letter, number or
other designation or other secret device or method which may render
it difficult for persons attending a meeting of the public agency
to understand what is being deliberated, voted or acted upon. However, this subsection does not prohibit a public agency from
deliberating, voting or otherwise taking action by reference to an
agenda if copies of the agenda, sufficiently worded to enable the
public to understand what is being deliberated, voted or acted
upon, are available for public inspection at the meeting.
(b) A governing body with membership of seven or fewer is not
required to have a second to a motion presented to the board unless
the governing body adopts procedural rules requiring a second to a
motion.
(b) (c) A public agency may not vote by secret or written
ballot.
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(NOTE: The purpose of this bill is to provide that governing
bodies of public agencies need not have a second to a motion if the
governing body has seven or fewer members.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)