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Introduced Version House Bill 4488 History

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H. B. 4488

 

         (By Delegates Doyle and Fleischauer)

         [Introduced February 9, 2012; referred to the

         Committee on Political Subdivisions then the Judiciary.]

 

 

 

 

A BILL to amend and reenact §7-1-1 and §7-1-1a of the Code of West Virginia, 1931, as amended, all relating to reforming, altering or modifying a county commission; providing an option for the election of additional commissioners to a county commission; providing an option for the election of county council members by magisterial district; and removing the "county administrator - county commission" option of county government as duplicative of the “county manager” option.

Be it enacted by the Legislature of West Virginia:

    That §7-1-1 and §7-1-1a of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-1. County commissions corporations; how constituted; election of president.

    (a) The county commission, formerly the county court, tribunal or county council in lieu thereof, of every county within the State of West Virginia shall be a corporation by the name of “The county commission of ................... County”, or “The County Council of ....................... County” by which name it may sue and be sued, plead and be impleaded and contract and be contracted with.     (b) A county commission shall consist of three commissioners as provided in section nine, article IX of the Constitution of the State of West Virginia, any two of whom shall constitute a quorum for the transaction of business.

    (c) An enhanced county commission created on or after July 1, 2012, as an alternative to a county commission pursuant to section thirteen, article IX of the Constitution of West Virginia, shall consist of an odd number of members that is more than three members but not more than nine members, a majority of whom shall constitute a quorum for the transaction of business.

    (c) (d) A county council, created on or after July 1, 2008 July 1, 2012, as an alternative to a county commission pursuant to section thirteen, article IX of the Constitution of West Virginia, shall consist of four or more members elected by magisterial district, with those counties having an even number of county council members additionally electing a county council president at large, a majority of whom shall constitute a quorum for the transaction of business. A county council created prior to July 1, 2012 whose members are elected at large shall be deemed a county commission on July 1, 2012 and thereafter.

    (d) (e) Unless provided otherwise in an alternative form of government, each county commission or council shall annually, at its first session in each year, or as soon thereafter as practicable, elect one of its commissioners or council members as president of the county commission or council.

    (e) (f) Throughout this chapter and the code, the term “county commission” or any reference to a county commission shall include all county councils created in lieu of the county commission.

§7-1-1a. Requirements for reforming, altering or modifying a county commission; alternative forms of county government.

    (a) A county government may be reformed, altered or modified as follows:

    (1) The county commission or county council of the county may pass a resolution making application to the Legislature to reform, alter or modify an existing form of county government in accordance with the requirements of the West Virginia Constitution and this section; or

    (2) Ten percent of the registered voters of the county may sign a petition requesting reformation, alteration or modification of the existing form of county government in accordance with the requirements of the West Virginia Constitution and this section.

    (b) A county commission or county council seeking to make application to reform, alter or modify its county government pursuant to the provisions of section thirteen, article IX of the West Virginia Constitution shall adopt a resolution containing the following information:

    (1) The reasons for the reformation, alteration or modification of the county commission or county government;

    (2) The form of the proposed county government selected from the alternatives authorized by this section;

    (3) The proposed name of the county government;

    (4) When the question of reformation, alteration or modification of the county government will be on the ballot;

    (5) How and when the officers of the proposed county government will be elected or appointed, taking into consideration the following:

    (A) When the election on the question of reformation, alteration or modification of the county government will be held;

    (B) The normal election cycles for county officials; and

    (C) The time frames for early and absentee voting provided in article three, chapter three of this code; and

    (6) When the new county government will become effective.

    (c) Prior to the adoption of a resolution seeking to reform, alter or modify a county commission or county council, the governing body of the county shall publish by a Class II legal advertisement in one or more newspapers of general circulation throughout the county, in compliance with the provisions of article three, chapter fifty-nine of this code, notice of the proposed changes to the current form of county government. The publication area shall be the entire county. The notice shall summarize the proposed changes to the county government and include the date, time and place for the meeting or meetings in which the resolution will be considered.

    (d) After the publication and adoption of the resolution, the following information shall be submitted by the county to the Clerk of the Senate and to the Clerk of the House of Delegates no later than the tenth day of a regular legislative session in which the request for reforming, altering or modifying a county commission or county government is to be considered by the Legislature:

    (1) A certified copy of the adopted resolution;

    (2) A copy of the required public notice;

    (3) The vote on the adoption of the resolution; and

    (4) The date the resolution was adopted.

    (e) Registered voters of a county seeking to reform, alter or modify the county commission or county council pursuant to section thirteen, article IX of the West Virginia Constitution shall submit a petition, signed by ten percent of the registered voters in the county, to the county commission or county council, setting forth the information required in subsection (b) of this section. Upon receipt of the petition, the county commission or county council shall verify that the signatures on the petition are: (1) Legally registered voters of the county; and (2) equal to ten percent of the registered voters of the county.

    (f) The county commission or county council shall, within thirty days of receipt of a constitutionally defective petition, return it to the petitioners with a written statement as to why the petition is defective. The petitioners may, within ninety days of receipt of the written statement from the county commission or council and after making the necessary changes, resubmit the petition to the county commission or county council.

    (g) After verifying that the signatures on the petition meet the constitutional requirements, the county commission or council shall forward the petition to the Clerk of the Senate and to the Clerk of the House of Delegates no later than the tenth day of a regular legislative session in which the request for reforming, altering or modifying a county commission or county government is to be considered by the Legislature.

    (h) After receipt of a certified resolution or verified petition by the Clerk of the Senate and the Clerk of the House of Delegates, the Legislature shall determine whether all constitutional and statutory requirements have been met. If such requirements have not been met, the certified resolution or verified petition shall be returned with a written statement of the deficiencies. A certified resolution or verified petition may be revised following the procedures set forth in this section for an original submission and then may be resubmitted to the Clerk of the Senate and the Clerk of the House of Delegates for consideration by the Legislature. The requirement that the petition be submitted prior to the tenth day of the legislative session shall does not apply to resubmitted resolutions or petitions.

    (i) Following passage of an act by the Legislature authorizing an election on the question of reforming, altering or modifying a county commission or council, the question shall be placed on the ballot of the county at the next general election following such passage or, at the expense of the county, a special election.

    (j) Following approval of the reformation, alteration or modification of the county commission or council by a majority of the county’s registered voters, nomination of the county commission or council members and, where authorized, the chief executive, shall be held in the next primary election or the primary election set forth in the resolution or petition to reform, alter or modify the county commission or council. Election of the county commissioners or council members and, where authorized, the chief executive shall be held in the next general election or the general election set forth in the resolution or petition to change the form of the county commission.

    (k) All elections required by this section shall be held in accordance with the provisions of chapter three of this code.

    (l) The following are guidelines for alternative forms of county government:

    (1) “Chief executive - county commission plan”. -- Under this plan:

    (A) There shall be a chief executive elected by the registered voters of the county at large and three county commissioners that shall be elected at large;

    (B) The commission shall be the governing body;

    (C) The chief executive shall have the exclusive authority to supervise, direct and control the administration of the county government. The chief executive shall carry out, execute and enforce all ordinances, policies, rules and regulations of the commission;

    (D) The salary of the chief executive shall be set by the Legislature;

    (E) Other nonelected officers and employees shall be appointed by the chief executive subject to the approval of the county commission; and

    (F) The chief executive shall not be a member of the county commission nor shall he or she hold any other elective office.

    (1) "Enhanced county commission plan". -- Under this plan, an enhanced county commission shall consist of an odd number of members, more than three but not more than nine, who shall be elected at large. An enhanced county commission created pursuant to this subdivision shall be known and referenced as a "county commission".

    (1) (2)Chief executive - county commission plan”. -- Under this plan:

    (A) There shall be is a chief executive elected by the registered voters of the county at large and three county commissioners that shall be are elected at large;

    (B) The commission shall be the governing body;

    (C) The chief executive shall have has the exclusive authority to supervise, direct and control the administration of the county government. The chief executive shall carry out, execute and enforce all ordinances, policies rules and regulations and rules of the commission;

    (D) The salary of the chief executive shall be is set by the Legislature;

    (E) Other nonelected officers and employees shall be are appointed by the chief executive subject to the approval of the county commission; and

    (F) The chief executive shall may not be a member of the county commission nor shall he or she or hold any other elective office.

    (2) (3)County manager or administrator- county commission plan”. -- Under this plan:

    (A) There shall be is a county manager or administrator appointed by the county commission and three county commissioners that may be elected at large;

    (B) The commission shall be the governing body;

    (C) The county manager shall have or administrator has the exclusive authority to supervise, direct and control the administration of the county government. The county manager or administrator shall carry out, execute and enforce all ordinances, policies rules and regulations and rules of the commission;

    (D) The salary of the county manager or administrator shall be is set by the county commission;

    (E) Other nonelected officers and employees shall be are appointed by the county manager or administrator subject to the approval of the commission; and

    (F) The county manager shall or administrator may not be a member of the county commission nor shall he or she or hold any other elective office.

    (3) “County administrator - county commission plan”. -- Under this plan:

    (A) There shall be a county administrator appointed by the county commission and three county commissioners that shall be elected at large;

    (B) The commission shall be the governing body;

    (C) The county administrator shall have the authority to direct the administration of the county government under the supervision of the county commission. The county administrator shall carry out, execute and enforce all ordinances, policies, rules and regulations of the commission;

    (D) The salary of the county administrator shall be set by the county commission;

    (E) The county administrator shall appoint or employ all subordinates and employees for whose duties or work he or she is responsible to the commission; and

    (F) The county administrator shall not be a member of the county commission nor shall he or she hold any other elective office.

    (4) A county council consisting of four or more members that shall be elected at large.

    (4) "County Council Plan". -- Under this plan, a county council shall be elected by magisterial districts.

    (A) In counties with an odd number of magisterial districts, one council member shall be elected from each magisterial district for a four-year term unless a county chooses option (B) under this subdivision.

    (B) A county with an odd number of magisterial districts may choose to elect two council members from each magisterial district who shall serve staggered four-year terms. If a county elects two county council members from each magisterial district, one additional county council member shall be elected at large in the county who shall serve as the county council president.

    (C) In counties with an even number of magisterial districts,

one council member shall be elected from each magisterial district for a four-year term, unless a county chooses option (D) under this subdivision. If a county elects one county council member from each magisterial district, one additional county council member shall be elected at large in the county who shall serve as the county council president.

    (D) A county with an even number of magisterial districts may choose to elect two council members from each magisterial district who shall serve staggered four-year terms. If a county elects two county council members from each magisterial district, one additional county council member shall be elected at large in the county who shall serve as the county council president.

    (5) Any form of county government adopted pursuant to section thirteen, article IX of the West Virginia Constitution and this section may, by the methods set forth in this section, return to the traditional county commission or change to another form of county government as set out in this section.

    (m) The purpose of this section is to establish the basic requirements for reforming, altering or modifying a county commission or county council pursuant to section thirteen, article IX of the West Virginia Constitution. The structure and organization of a county government may be specified in greater detail by resolution or ordinance so long as such provisions do not conflict with the purposes and provisions set forth in this section, chapter seven-a of this code or the Constitution.



    NOTE: The purpose of this bill is to give counties the option of electing additional commissioners to a county commission or to elect county council members by magisterial district. Also, the "county administrator - county commission plan" option of county government is removed as duplicative of the “county manager” option.


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

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