WVC 13 - 3 - 2
§13-3-2. Composition of commission; terms of appointment;
vacancies; removal from office.
(a) The commission shall be composed of five members as
follows: (1) The auditor of the state, by virtue of his office;
(2) the treasurer of the state, by virtue of his office; (3) the
state tax commissioner, by virtue of his office; and (4) two
residents of the state appointed by the governor by and with the
advice and consent of the Senate. Of the two appointed members,
one shall be, or shall have been, the mayor of a municipality,
and one shall be, or shall have been, a member of a county
That if such mayor or member of a county
commission is not presently serving in such position, he shall
have served in such position within the six years preceding the
term for which such member is to be appointed. No more than one
of the members appointed by the governor may belong to the same
(b) The appointed members of the commission shall serve
overlapping terms of four years each and until their respective
successors have been appointed and qualified, except for the
original appointments, one member shall be appointed for a term
of four years and until his successor has been appointed and
qualified, one member shall be appointed for two years and until
his successor has been appointed and qualified. Each member
shall take and subscribe to the oath required by section five,
article four of the constitution of this state.
(c) Vacancies shall be filled by appointment by the governor
for the unexpired term of the member whose office is vacant and such appointment shall be made within sixty days of the
occurrence of such vacancy.
(d) No member of the board appointed by the governor may be
removed from office except for official misconduct, incompetency,
neglect of duty or gross immorality.