ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 139
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Originating in the Committee on Education;
reported February 12, 1999.]
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A BILL to amend and reenact section one, article six, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to expanding the
number of members on the institutional boards of advisors;
and allowing individuals who are not citizens of the state
to serve.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. ADVISORY COUNCILS OF FACULTY.
§18B-6-1. Institutional boards of advisors.
(a) There shall be established at each state institution of
higher education, hereinafter referred to as the "institution",
excluding centers and branches thereof, an institutional board of
advisors. The board of advisors shall consist of
eleven fifteen
members, including an administrative officer of the institution
appointed by the president of the institution; a full-time member
of the faculty with the rank of instructor or above duly elected
by the faculty; a member of the student body in good academic
standing, enrolled for college credit work and duly elected by
the student body; a member of the institutional classified staff
duly elected by the classified staff; and appointed by the
appropriate governing board,
seven eleven lay persons lay
citizens of the state who have demonstrated a sincere interest in
and concern for the welfare of that institution and who are
representative of its population and fields of study, including
at least two alumni of the institution.
Seven of the eleven lay
persons appointed shall be citizens of the state. Of the
seven
lay
citizen members
who are citizens of the state, no more than
four a simple majority may be of the same political party.
The administrative officer and student member shall serve for a term of one year; the faculty member and the classified
staff member shall serve for a term of two years and the
seven
lay citizen eleven lay members shall serve terms of four years
each. All members, except the administrative officer, shall be
eligible to succeed themselves for no more than one additional
term. A vacancy in an unexpired term of a member shall be filled
within sixty days of the occurrence thereof in the same manner as
the original appointment or election. Except in the case of a
vacancy, all elections shall be held and all appointments shall
be made no later than the thirtieth day of April preceding the
commencement of the term.
Each board of advisors shall hold a regular meeting at least
quarterly, commencing in July of each year. Additional meetings
may be held upon the call of the chairman, president of the
institution or upon the written request of at least four members.
A majority of the members shall constitute a quorum for
conducting the business of the board of advisors.
(b) One of the
seven lay citizen eleven lay members shall be
elected as chairman by the board of advisors in July of each
year:
Provided, That no member shall serve as chairman for more
than two consecutive years at a time.
The president of the institution shall make available
resources of the institution for conducting the business of the
board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties under this
section upon presentation of an itemized sworn statement thereof.
All expenses incurred by the board of advisors and the
institution under this section shall be paid from funds allocated
to the institution for such purpose.
(c) The board of advisors shall review, prior to the
submission by the president to its governing board, all proposals
of the institution in the areas of mission, academic programs,
budget, capital facilities and such other matters as requested by
the president of the institution or its governing board or
otherwise assigned to it by law. The board of advisors shall
comment on each such proposal in writing, with such
recommendations for concurrence therein or revision or rejection
thereof as it deems proper. Such written comments and
recommendations shall accompany the proposal to the governing
board and the governing board shall include such comments and
recommendations in its consideration of and action on the proposal. The governing board shall promptly acknowledge receipt
of the comments and recommendations and shall notify the board of
advisors in writing of any action taken thereon.
(d) The board of advisors shall review, prior to their
implementation by the president, all proposals regarding
institution-wide personnel policies. The board of advisors may
comment on such proposals in writing.
(e) The board of advisors shall provide advice and
assistance to the president in establishing closer connections
between higher education and business, labor, government,
community and economic development organizations to give students
greater opportunities to experience the world of work, such as
business and community service internships, apprenticeships and
cooperative programs; to communicate better and serve the current
work force and work force development needs of their service
area, including the needs of nontraditional students for college- level skills upgrading and retraining and the needs of employers
for specific programs of limited duration; and to assess the
performance of the institution's graduates and assist in job
placement. The administrative officer of the institution serving
on the advisory council may be assigned the responsibility for coordinating the institution's activities related to economic
development.
(f) Upon the occurrence of a vacancy in the office of
president of the institution, the board of advisors shall serve
as a search and screening committee for candidates to fill the
vacancy under guidelines established by its governing board.
When serving as a search and screening committee, the board of
advisors and its governing board are each authorized to appoint
up to three additional persons to serve on the committee as long
as the search and screening process is in effect. The three
additional appointees of the board of advisors shall be faculty
members of the institution. Only for the purposes of the search
and screening process, such additional members shall possess the
same powers and rights as the regular members of the board of
advisors, including reimbursement for all reasonable and
necessary expenses actually incurred. Following the search and
screening process, the committee shall submit the names of at
least three candidates to the governing board for consideration
and appointment. If the governing board rejects all candidates
so submitted, the committee shall submit the names of at least
three additional candidates and this process shall be repeated until the governing board appoints one of the candidates so
submitted. The governing board shall provide all necessary staff
assistance to the board of advisors in its role as a search and
screening committee.
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(NOTE: Strike-throughs indicate language that would be
stricken from the code, and underscoring indicates new language
that would be added.)<<>>