Senate Bill No. 743
(By Senator Unger)
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[Introduced March 23, 2009; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend and reenact §18B-1B-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §18B-2B-4 of said code;
and to amend and reenact §18B-6-2 and §18B-6-3 of said code,
all relating to higher education policy; adding two members to
the Higher Education Policy Commission and the West Virginia
Council for Community and Technical College Education; setting
forth the members' responsibilities and length of terms;
providing that these members receive a load reduction of at
least three hours per semester from his or her institution;
establishing meeting requirements; and providing that
chairpersons of a faculty senate or faculty assembly shall
also receive a load reduction of three hours per semester.
Be it enacted by the Legislature of West Virginia:
That §18B-1B-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18B-2B-4 of said code be amended and reenacted; and that §18B-6-2 and §18B-6-3 of said code be
amended and reenacted, all to read as follows:
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-2. Composition of commission; terms and qualifications of
members; vacancies; eligibility for reappointment;
oath of office; removal from office.
(a) The commission is comprised of
ten twelve members
all of
whom are entitled to vote. The membership of the commission is as
follows:
(1) The Secretary of Education and the Arts, ex officio.
(2) The State Superintendent of Schools, ex officio;
(3) The chair of the West Virginia Council for Community and
Technical College Education,
nonvoting ex officio.
(4) A non-voting faculty representative chosen by the Advisory
Council of Faculty (ACF). The faculty representative shall be
elected at the July meeting from its members from institutions
under the jurisdiction of the commission and shall represent the
views and interests of the academic mission of those institutions.
The faculty representative shall serve a term of two years and may
not serve more than two consecutive terms. Within thirty days of
a vacancy occurrence, an election shall take place among the ACF
representatives to fill the remaining term of the position.
(5) A non-voting classified employee chosen by the Advisory Council of Classified Employees from its members. The employee
representative shall serve a term of two years and may not serve
more than two consecutive terms.
(4) (6) Seven at-large members who are citizens of the state,
appointed by the Governor, by and with the advice and consent of
the Senate:
Provided, That prior to appointment, the Governor
shall interview each candidate to assure that the person selected
understands and is committed to achieving the goals and objectives
as set forth in the institutional compacts and in section one-a,
article one of this chapter. The Governor shall invite the
President of the Senate, the Speaker of the House of Delegates, the
chairs of the Senate and House of Delegates Committees on Finance
and Education and such other legislative leaders as the Governor
may determine to participate in interviewing potential candidates.
(b) Each of the at-large members appointed by the Governor
shall represent the public interest and shall be committed to the
legislative intent and goals set forth in state law and policy.
(c) The Governor may not appoint any person to be a member of
the commission who is an officer, employee or member of the council
or an advisory board of any state college or university; an officer
or member of any political party executive committee; the holder of
any other public office or public employment under the government
of this state or any of its political subdivisions; an appointee or
employee of any governing board; or an immediate family member of any employee under the jurisdiction of the commission, the council
or any governing board.
(d) Of the seven at-large members appointed by the Governor:
(1) No more than four may belong to the same political party;
(2) At least two shall be appointed from each congressional
district; and
(3) Effective July 1, 2008, no more than one member may serve
from the same county.
(e) The at-large members appointed by the Governor serve
overlapping terms of four years.
(f) The Governor shall appoint a member to fill any vacancy
among the seven at-large members, by and with the advice and
consent of the Senate. Any member appointed to fill a vacancy
serves for the unexpired term of the vacating member. The Governor
shall fill the vacancy within thirty days of the occurrence of the
vacancy.
(g) An at-large member appointed by the Governor may not serve
more than two consecutive terms.
(h) Before exercising any authority or performing any duties
as a member of the commission, each member shall qualify as such by
taking and subscribing to the oath of office prescribed by Section
five, Article IV of the Constitution of West Virginia and the
certificate thereof shall be filed with the Secretary of State.
(i) A member of the commission appointed by the Governor may not be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-4. Appointment, composition and terms of council.
(a) The council is comprised of
thirteen fourteen members
selected as follows:
(1) Eight members appointed by the Governor, with the advice
and consent of the Senate:
(A) One member shall be appointed from each community and
technical college consortia district as established in this
section.
(B) Prior to appointment, the Governor shall interview each
candidate to assure that the person selected understands and is
committed to achieving the goals and objectives as set forth in the
institutional compacts and in section one-a, article one of this
chapter. The Governor shall invite the President of the Senate,
the Speaker of the House of Delegates, the chairs of the Senate and
House of Delegates committees on finance and education and such
other legislative leaders as the Governor may determine to
participate in interviewing potential candidates. Each member
appointed to the council by the Governor shall represent the public interest and shall be committed to the legislative intent and goals
set forth in section one-a, article one of this chapter.
(2) The chairperson of the West Virginia workforce investment
council;
(3) The Executive Director of the West Virginia Development
Office, or designee;
(4) The President of the West Virginia AFL-CIO, or a designee;
(5) The Chair of the Higher Education Policy Commission who
serves as an ex officio, nonvoting member of the council;
and
(6) The assistant superintendent for technical and adult
education of the State Department of Education who serves as an ex
officio, nonvoting member of the council;
and
(7) A voting faculty representative chosen by the Advisory
Council of Faculty (ACF). The faculty representative shall be
elected at the July meeting from its members from institutions
under the jurisdiction of the commission and shall represent the
views and interests of the academic mission of those institutions.
The faculty representative shall serve a term of two years and may
not serve more than two consecutive terms. Within thirty days of
a vacancy occurrence, an election shall take place among the ACF
representatives to fill the remaining term of the position.
(b) Any appointed member shall be a citizen of the state,
shall represent the public interest and shall understand and be
committed to achieving the goals and objectives set forth in section one-a, article one of this chapter, the essential
conditions set forth in article three-c of this chapter, and the
goals for secondary and post-secondary vocational-technical-
occupational and adult basic education in the state. Any appointed
member shall represent the interests of the business, labor and
employer communities and demonstrate knowledge of the education
needs of the various regions, attainment levels and age groups
within the state.
(c) The Governor may not appoint any person to be a member of
the council who is an officer, employee or member of an advisory
board of any state college or university, the holder of any other
public office or public employment under the government of this
state or any of its political subdivisions, an appointee or
employee of any governing board or an immediate family member of
any employee under the jurisdiction of the commission or any
governing board. An individual may not serve on the council who is
engaged in providing, or employed by a person or company whose
primary function is to provide, workforce development services and
activities.
(d)
Members Appointed members of the council serve for
staggered terms of four years. Notwithstanding the provisions of
subdivision (1), subsection (a) of this section, on the effective
date of this section any current member of the council maintains
his or her appointment to the council and continues to serve for the remainder of the term for which originally appointed. Any
additional appointment required by the provisions of said
subdivision shall represent a consortia district not otherwise
represented on the council.
ARTICLE 6. ADVISORY COUNCILS.
§18B-6-2. State Advisory Council of Faculty.
(a) There is continued the State
advisory council of faculty
Advisory Council of Faculty.
(b)
Election of members and terms of office. --
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education, at the
direction of the
faculty council Advisory Council of Faculty (ACF)
and in accordance with procedures established by the faculty
council
or assembly, shall convene a meeting or otherwise institute
a balloting process to elect one faculty member from each
institution of higher education to serve on the
faculty council
Advisory Council of Faculty.
(2) Terms of the members are for two years and begin on July
1 of each odd-numbered year. Members are eligible to succeed
themselves.
Each member shall receive a load reduction of at least
three credits at his or her respective institution for each
semester of each term or service. Each ACF member shall also serve
on institutional boards or cabinets to insure a seamless flow of
information between state and local faculty interests and administrative interests.
(3) For the year 2004 only, each president of an
administratively linked community and technical college shall
consult with the faculty council during the month of July to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one faculty member from that
institution to serve on the faculty council. Members so elected
shall take office upon election and serve until the next regularly
scheduled election held pursuant to this section; thereafter,
faculty members elected to represent administratively linked
community and technical colleges serve a regular two-year term.
(c) The
faculty council Advisory Council of Faculty shall meet
at least once each quarter and may meet at such other times as
called by the chairperson or by a majority of its members. One of
the quarterly meetings shall be during the month of July, at which
meeting the
faculty council ACF shall elect a chairperson from
among its members. The chairperson may serve no more than two
consecutive terms as chair. A member may not vote by proxy at the
election. In the event of a tie in the last vote taken for such
election, a member authorized by the
faculty council ACF shall
select the chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, and in the
manner prescribed by this section for the election of a
chairperson, the
faculty council ACF shall elect a member to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the faculty council shall meet
and elect a new chairperson to fill the unexpired term within
thirty days following the vacancy.
(d) The
faculty council Advisory Council of Faculty, through
its chairperson and in any appropriate manner, shall communicate to
the
commission or the council Higher Education Policy Commission
(HEPC) or the Community and Technical College Council (CTCC), as
appropriate, matters of higher education in which the faculty
members have an interest
and shall report ACF and state-wide
faculty activities and academic initiatives at each regularly
scheduled HEPC and CTCC meeting.
(e) The
commission and council HEPC and CTCC each shall meet
annually between the months of October and December with the
faculty council ACF to discuss matters of higher education in which
the faculty members or the commission or council may have an
interest.
(f) The Advisory Council of Faculty, shall work actively with
the staff of each chancellor in advising and establishing all
initiatives and policy recommendations related to the state-wide
academic missions of higher education.
(g) The Advisory Council of Faculty shall meet at least
quarterly with the chancellors to discuss issues, provide advice
and receive information regarding intentions and activities of the chancellors' offices, the president's council and advisory
committee and the commission and council related to the state-wide
academic missions of higher education.
(f) (h) Members of the
faculty council Advisory Council of
Faculty serve without compensation. Members are entitled to
reimbursement for actual and necessary expenses, including travel
expenses, incurred in the performance of their official duties.
Expenses are paid from funds allocated to the state institution of
higher education which the member serves.
(g) (i) The
faculty council Advisory Council of Faculty shall
prepare minutes of its meetings, which minutes shall be available,
upon request, to any faculty member of a state institution of
higher education represented on the faculty council.
(j) At its July meeting each odd year the Advisory Council of
Faculty shall elect a representative from its membership from the
institutions under the jurisdiction of the commission to serve as
a voting member of the HEPC and shall also elect a representative
from its members from the institutions under the jurisdiction of
the council to serve as a voting member of the CTCC.
§18B-6-3. Institutional faculty senate or faculty assembly.
(a) Effective July 1, 2004, a faculty senate is established at
each institution of higher education.
except for those
institutions which choose to establish a faculty assembly. In the
latter case, all faculty participate in the faculty assembly and the requirements of subsections (b) and (c) of this section do not
apply. Members and officers of an organized, campus-level advisory
group of faculty who are serving prior to the effective date of
this section may continue to serve with all the rights, privileges
and responsibilities prescribed herein until the time that members
elected as set forth in subsection (b) of this section assume
office.
(b) Members of each faculty senate
or faculty assembly are
elected as follows:
(1) During the month of April of each even-numbered year, each
president
or provost of a state institution of higher education, at
the direction of the faculty and in accordance with procedures
established by the faculty, shall convene a meeting or otherwise
institute a balloting process to elect the members of the faculty
senates, except that for 2004 only, the election shall take place
in July.
(2) Selection procedures shall provide for appropriate
representation of all academic units within the institution.
(3) The faculty member who is elected to serve on the
faculty
council Advisory Council of Faculty (ACF) is an ex officio, voting
member of the faculty senate
or faculty assembly and reports to the
faculty senate
or faculty assembly on meetings of the
faculty
council ACF and the Board of Governors.
(c) Members serve a term of two years, which term begins on July 1 of each even-numbered year, except for the year 2004 when
terms begin upon election. Members of the faculty senate
or
faculty assembly are eligible to succeed themselves.
(d) Each faculty senate
or faculty assembly shall elect a
chairperson from among its members. The chairperson serves a term
of two years, and may serve no more than two consecutive terms as
chairperson.
Unless there is an existing policy, chairpersons
shall receive a load reduction of at least three credits at their
institutions for each semester of each term of service.
(e) The faculty senate
or faculty assembly meets quarterly and
may meet at such other times as called by the chairperson or by a
majority of the members. With appropriate notification to the
president
or provost of the institution, the chairperson may
convene a faculty senate
or faculty assembly meeting for the
purpose of sharing information and discussing issues affecting
faculty and the effective and efficient management of the
institution.
(f) The president
or provost of the institution shall meet at
least quarterly with the faculty senate
or faculty assembly to
discuss matters affecting faculty and the effective and efficient
management of the institution.
(g) The
governing board Board of Governors of the institution
shall meet at least annually with the faculty senate to discuss
matters affecting faculty and the effective and efficient management of the institution.
NOTE: The purpose of this bill is to refine higher education
policy. The bill adds two members to the Higher Education Policy
Commission and the West Virginia Council for Community and
Technical College Education and sets forth the members
responsibilities and length of terms. The bill also provides that
these members receive a load reduction of at least three hours per
semester from his or her institution. The bill establishes meeting
requirements. The bill additionally provides that chairpersons of
a faculty senate or faculty assembly shall also receive a load
reduction of three hours per semester.
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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