Senate Bill No. 2005
(By Senators Tomblin, Mr. President, and Caruth,
By Request of the Executive
)
____________
[Introduced August 19, 2007; referred to
the Committee on Finance.]
_____________
A BILL to amend and reenact §18B-1-3 of the Code of West
Virginia, 1931, as amended; to amend and reenact §18B-1B-3
of said code; to amend and reenact §18B-2A-1 of said code;
to amend and reenact §18B-2B-5 of said code; to amend and
reenact §18B-6-1 of said code; and to amend and reenact
§18B-9-4 of said code, all relating to higher education
generally; Higher Education Policy Commission; authorizing
the Higher Education Policy Commission to convey real
property; West Virginia Council for Community and Technical
College Education; institutional boards of governors and
institutional boards of advisors; providing for election of
officers; terms of office; meetings; authorizing
institutions to provide salary increases if funds are available for certain classified employees under certain
circumstances; and deleting obsolete language.
Be it enacted by the Legislature of West Virginia:
That §18B-1-3 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that §18B-1B-3 of said code be
amended and reenacted; that §18B-2A-1 of said code be amended and
reenacted; that §18B-2B-5 of said code be amended and reenacted;
that §18B-6-1 of said code be amended and reenacted; and that
§18B-9-4 of said code be amended and reenacted, all to read as
follows:
ARTICLE 1. GOVERNANCE.
§18B-1-3. Transfer of powers, duties, property, obligations, etc.
(a) All powers, duties and authorities transferred to the Board
of Regents pursuant to former provisions of chapter eighteen of
this code and transferred to the Board of Trustees and Board of
Directors which were created as the governing boards pursuant to
the former provisions of this chapter and all powers, duties and
authorities of the Board of Trustees and Board of Directors, to
the extent they are in effect on the seventeenth day of June, two
thousand, are hereby transferred to the Interim Governing Board
created in article one-c of this chapter and shall be exercised
and performed by the Interim Governing Board until the first day of July, two thousand one, as such powers, duties and authorities
may apply to the institutions under its jurisdiction.
(b) Title to all property previously transferred to or vested in
the Board of Trustees and the Board of Directors and property
vested in either of the Boards separately, formerly existing
under the provisions of this chapter, are hereby transferred to
the Interim Governing Board created in article one-c of this
chapter until the first day of July, two thousand one. Property
transferred to or vested in the Board of Trustees and Board of
Directors shall include:
(1) All property vested in the Board of Governors of West
Virginia University and transferred to and vested in the West
Virginia Board of Regents;
(2) All property acquired in the name of the State Board of
Control or the West Virginia Board of Education and used by or
for the state colleges and universities and transferred to and
vested in the West Virginia Board of Regents;
(3) All property acquired in the name of the State Commission on
Higher Education and transferred to and vested in the West
Virginia Board of Regents; and
(4) All property acquired in the name of the Board of Regents
and transferred to and vested in the respective Board of Trustees
and Board of Directors.
(c) Each valid agreement and obligation previously transferred
to or vested in the Board of Trustees and Board of Directors
formerly existing under the provisions of this chapter is hereby
transferred to the Interim Governing Board until the first day of
July, two thousand one, as those agreements and obligations may
apply to the institutions under its jurisdiction. Valid
agreements and obligations transferred to the Board of Trustees
and Board of Directors shall include:
(1) Each valid agreement and obligation of the Board of
Governors of West Virginia University transferred to and deemed
the agreement and obligation of the West Virginia Board of
Regents;
(2) Each valid agreement and obligation of the State Board of
Education with respect to the state colleges and universities
transferred to and deemed the agreement and obligation of the
West Virginia Board of Regents;
(3) Each valid agreement and obligation of the State Commission
on Higher Education transferred to and deemed the agreement and
obligation of the West Virginia Board of Regents; and
(4) Each valid agreement and obligation of the Board of Regents
transferred to and deemed the agreement and obligation of the
respective Board of Trustees and Board of Directors.
(d) All orders, resolutions and rules adopted or promulgated by
the respective Board of Trustees and Board of Directors and in
effect immediately prior to the first day of July, two thousand,
are hereby transferred to the Interim Governing Board until the
first day of July, two thousand one, and shall continue in effect
and shall be deemed the orders, resolutions and rules of the
Interim Governing Board until rescinded, revised, altered or
amended by the Commission or the governing boards in the manner
and to the extent authorized and permitted by law. Such orders,
resolutions and rules shall include:
(1) Those adopted or promulgated by the Board of Governors of
West Virginia University and in effect immediately prior to the
first day of July, one thousand nine hundred sixty-nine, unless
and until rescinded, revised, altered or amended by the Board of
Regents in the manner and to the extent authorized and permitted
by law;
(2) Those respecting state colleges and universities adopted or
promulgated by the West Virginia Board of Education and in effect
immediately prior to the first day of July, one thousand nine
hundred sixty-nine, unless and until rescinded, revised, altered
or amended by the Board of Regents in the manner and to the
extent authorized and permitted by law; (3) Those adopted or
promulgated by the State Commission on Higher Education and in effect immediately prior to the first day of July, one thousand
nine hundred sixty-nine, unless and until rescinded, revised,
altered or amended by the Board of Regents in the manner and to
the extent authorized and permitted by law; and (4) Those adopted
or promulgated by the Board of Regents prior to the first day of
July, one thousand nine hundred eighty-nine, unless and until
rescinded, revised, altered or amended by the respective Board of
Trustees or Board of Directors in the manner and to the extent
authorized and permitted by law.
(e) Title to all real property transferred to or vested in the
Interim Governing Board pursuant to this section of the code is
hereby transferred to the Commission effective the first day of
July, two thousand one. The board of governors for each
institution may request that the Commission transfer title to the
board of governors of any real property specifically identifiable
with that institution or the Commission may initiate the
transfer. Any such request must be made within two years of the
effective date of this section and be accompanied by an adequate
legal description of the property. In the case of real property
that is specifically identifiable with Marshall University or
West Virginia University, the Commission shall transfer title to
all real property, except real property that is used jointly by
institutions or for statewide programs under the jurisdiction of the Commission or the Council, to the Board of Governors of
Marshall University or West Virginia University, as appropriate,
upon receipt of a request from the appropriate governing board
accompanied by an adequate legal description of the property.
The title to any real property that is jointly utilized by
institutions or for statewide programs under the jurisdiction of
the Commission or the Council shall be retained by the
Commission:
Provided, That notwithstanding the foregoing or any
other provision of this code to the contrary, the Commission is
hereby authorized and empowered to sell, lease, convey or
otherwise dispose of all or part of such real property which it
may own, either by contract or at public auction and to retain
the proceeds of any such sale or lease.
(f) Ownership of or title to any other property, materials,
equipment or supplies obtained or purchased by the Interim
Governing Board or the previous governing boards on behalf of an
institution is hereby transferred to the board of governors of
that institution effective the first day of July, two thousand
one.
(g) Each valid agreement and obligation previously transferred
or vested in the Interim Governing Board and which was undertaken
or agreed to on behalf of an institution or institutions is
hereby transferred to the board of governors of the institution or institutions for whose benefit the agreement was entered into
or the obligation undertaken effective the first day of July, two
thousand one.
(1) The obligations contained in revenue bonds issued by the
previous governing boards under the provisions of section eight,
article ten of this chapter and article twelve-b, chapter
eighteen of this code are hereby transferred to the Commission
and each institution shall transfer to the Commission those funds
the Commission determines are necessary to pay that institution's
share of bonded indebtedness.
(2) The obligations contained in revenue bonds issued on behalf
of a state institution of higher education pursuant to any other
section of this code is hereby transferred to the board of
governors of the institution on whose behalf the bonds were
issued.
(h) All orders, resolutions, policies and rules:
(1) Adopted or promulgated by the respective Board of Trustees,
Board of Directors or Interim Governing Board and in effect
immediately prior to the first day of July, two thousand one, are
hereby transferred to the Commission effective the first day of
July, two thousand one, and continue in effect until rescinded,
revised, altered, amended or transferred to the governing boards by the Commission as provided in this section and in section six
of this article.
(2) Adopted or promulgated by the Commission relating solely to
community and technical colleges or community and technical
college education, or rules which the Council finds necessary for
the exercise of its lawful powers and duties pursuant to the
provisions of this chapter, may be adopted by the Council and
continue in effect until rescinded, revised, altered, amended or
transferred to the governing boards under the jurisdiction of the
Council pursuant to section six of this article. Nothing in this
section requires the initial rules of the Commission that are
adopted by the Council to be promulgated again under the
procedure set forth in article three-a, chapter twenty-nine-a of
this code unless such rules are rescinded, revised, altered or
amended.
(3) Adopted or promulgated by the Commission relating to
multiple types of public institutions of higher education or
community and technical college education as well as
baccalaureate and post-baccalaureate education are transferred to
the Council in part as follows:
(A) That portion of the rule relating solely to community and
technical colleges or community and technical college education
is transferred to the Council and continues in effect until rescinded, revised, altered, amended or transferred to the
governing boards by the Council as provided in this section and
in section six of this article;
(B) That portion of the rule relating to institutions or
education other than community and technical colleges is retained
by the Commission and continues in effect until rescinded,
revised, altered, amended or transferred to the governing boards
by the Commission as provided in this section and in section six
of this article.
(i) The Commission may, in its sole discretion, transfer any
rule, other than a legislative rule, to the jurisdiction of the
governing boards of the institutions under its jurisdiction who
may rescind, revise, alter or amend any rule so transferred
pursuant to rules adopted by the Commission pursuant to section
six of this article.The Council may, in its sole discretion,
transfer any rule, other than a legislative rule, to the
jurisdiction of the governing boards of the institutions under
its jurisdiction who may rescind, revise, alter or amend any rule
so transferred pursuant to rules adopted by the Council pursuant
to section six of this article.
(j) As to any title, agreement, obligation, order, resolution,
rule or any other matter about which there is some uncertainty,
misunderstanding or question, the matter shall be summarized in writing and sent to the Commission which shall make a
determination regarding such matter within thirty days of receipt
thereof.
(k) Rules or provisions of law which refer to other provisions
of law which were repealed, rendered inoperative or superseded by
the provisions of this section shall remain in full force and
effect to such extent as may still be applicable to higher
education and may be so interpreted. Such references include, but
are not limited to, references to sections and prior enactments
of article twenty-six, chapter eighteen of this code and code
provisions relating to retirement, health insurance, grievance
procedures, purchasing, student loans and savings plans. Any
determination which needs to be made regarding applicability of
any provision of law shall first be made by the Commission.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-3. Meetings and compensation.
(a)
The secretary of education and the arts shall call the
initial meeting of the commission and preside until a chairperson
is selected. Thereafter, The commission shall meet as needed at
the time and place specified by the call of the chairperson.
(b) The commission shall hold an annual meeting
at the final,
regularly scheduled meeting of each fiscal year each June for the
purpose of electing officers.
for the next fiscal year. At the annual meeting, the commission shall elect from its members
appointed by the governor a chairperson and other officers as it
may consider necessary or desirable.
Provided, That the initial
meeting for the purpose of selecting the first chairperson and
other officers shall be held during July, two thousand, or as
soon thereafter as practicable. All officers
shall be are
elected from the citizen appointees. The chairperson and other
officers
shall be are elected for a one-year term commencing on
the first day of July following the annual meeting and ending on
the thirtieth day of June of the following year.
Provided,
however, That the terms of officers elected in July, two
thousand, begin upon election and end on the thirtieth day of
June, two thousand one. The chairperson of the
board commission
may serve no more than
two four consecutive terms as chair.
(c) Members of the commission shall be reimbursed for actual and
necessary expenses incident to the performance of their duties
upon presentation of an itemized sworn statement thereof. The
foregoing reimbursement for actual and necessary expenses shall
be paid from appropriations made by the Legislature to the
commission.
(d) A majority of the members constitutes a quorum for
conducting the business of the commission.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River Community
and Technical College, Shepherd University, Southern West
Virginia Community and Technical College, West Liberty State
College, West Virginia Northern Community and Technical College,
the West Virginia School of Osteopathic Medicine, West Virginia
State University and West Virginia University.
(b) The institutional board of governors for Marshall University
consists of sixteen persons and the institutional board of
governors for West Virginia University consists of eighteen
persons. Each other board of governors consists of twelve
persons.
(c) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective
institution; and
(4) For the institutional board of governors at Marshall
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this
section and, additionally, the chairperson of the institutional
board of advisors of Marshall Community and Technical College
serving as an ex officio, voting member.
(5) For the institutional board of governors at West Virginia
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this
section and, additionally, the chairpersons of the following
boards serving as ex officio, voting members:
(A) The institutional board of advisors of:
(i) The Community and Technical College at West Virginia
University Institute of Technology; and
(ii) West Virginia University at Parkersburg; and
(B) The Board of Visitors of West Virginia University Institute
of Technology.
(6) For each institutional board of governors of an institution
that does not have an administratively linked community and
technical college under its jurisdiction, nine lay members
appointed by the Governor, by and with the advice and consent of
the Senate, pursuant to this section.
(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
(A) Eight lay members appointed by the Governor, by and with the
advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of
advisors of the administratively linked community and technical
college; and
(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from
the area served by the institution.
(d) Of the eight or nine members appointed by the Governor, no
more than five may be of the same political party. Of the twelve
members appointed by the Governor to the governing boards of
Marshall University and West Virginia University, no more than
seven may be of the same political party. Of the eight or nine
members appointed by the Governor, at least six shall be
residents of the state. Of the twelve members appointed by the Governor to the governing boards of Marshall University and West
Virginia University, at least eight shall be residents of the
state.
(e) The student member serves for a term of one year. Each term
begins on the first day of July.
(f) The faculty member serves for a term of two years. Each
term begins on the first day of July. Faculty members are
eligible to succeed themselves for three additional terms, not to
exceed a total of eight consecutive years.
(g) The member representing classified employees serves for a
term of two years. Each term begins on the first day of July.
Members representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(h) The appointed lay citizen members serve terms of four years
each and are eligible to succeed themselves for no more than one
additional term.
(i) A vacancy in an unexpired term of a member shall be filled
for the unexpired term within thirty days of the occurrence of
the vacancy 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 June preceding the commencement of the term. Each board of governors shall elect one of its appointed lay
members to be chairperson in June of each year. A member may not
serve as chairperson for more than
two four consecutive years.
(j) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(k) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education
under the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member
of any other board of governors, a member of an institutional
board of advisors of any public institution of higher education,
an employee of any institution of higher education, 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 or a member of
the council or commission. This subsection does not prevent the
representative from the faculty, classified employees, students
or chairpersons of the boards of advisors or the superintendent
of a county board of education from being members of the
governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of any other board of governors; a member of an institutional
board of advisors of any public institution of higher education;
an employee of any institution of higher education; an officer or
member of any political party executive committee; the holder of
any other public office, other than an elected county office, or
public employment, other than employment by the county board of
education, under the government of this state or any of its
political subdivisions; or a member of the council or commission.
This subsection does not prevent the representative from the
faculty, classified employees, students or chairpersons of the
boards of advisors from being members of the governing boards.
(l) Before exercising any authority or performing any duties as
a member of a governing board, 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.
(m) A member of a governing board 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.
(n) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of
official duties under this article upon presentation of an
itemized sworn statement of expenses. All expenses incurred by
the board of governors and the institution under this section are
paid from funds allocated to the institution for that purpose.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-5. Meetings and compensation.
(a) The council shall
hold at least eight meetings annually and
may meet more often meet as needed at the time and place
specified at the call of the chairperson. One
such meeting
each
year shall be a public forum for the discussion of the goals and
standards for workforce development, economic development and
vocational education in the state.
(b) The council shall hold an annual meeting
at its final,
regularly scheduled meeting of each fiscal year each June for the
purpose of electing officers.
for the next fiscal year. At the
annual meeting, the council shall elect from its
appointed voting
members a chairperson and other officers as it may consider necessary or desirable. The chairperson and other officers are
elected for
two-year one-year terms commencing on the first day
of July following the annual meeting
and ending on the thirtieth
day of June of the following year. The chairperson of the
board
council may serve no more than
two four consecutive
two-year
one-year terms as chair.
, except that the member serving as
chairperson of the council on the effective date of this section
is eligible to serve a two-year term regardless of the number of
consecutive terms already served.
(c) Members of the council serve without compensation. Members
shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of official duties under
this article upon presentation of an itemized sworn statement of
their expenses. An ex officio member of the council who is an
employee of the state is reimbursed by the employing agency.
(d) A majority of the
voting members
appointed constitutes a
quorum for conducting the business of the council. All action
taken by the council shall be by majority vote of the
voting
members present.
ARTICLE 6. ADVISORY COUNCILS AND BOARDS.
§18B-6-1. Institutional boards of advisors for regional campuses
and certain administratively linked community and
technical colleges.
(a) There are continued institutional boards of advisors as
follows:
(1) For each regional campus. The chairperson of the board of
advisors of West Virginia University at Parkersburg serves as an
ex officio, voting member of the Governing Board of West Virginia
University;
(2) For administratively linked community and technical colleges
which share a physical location with the sponsoring institution.
This category includes Marshall Community and Technical College,
West Virginia State Community and Technical College and the
Community and Technical College at West Virginia University
Institute of Technology. The chairperson of the board of advisors
of each administratively linked community and technical college
serves as an ex officio, voting member of the sponsoring
institution's board of governors, or, in the case of the
Community and Technical College at West Virginia University
Institute of Technology, the chairperson of the board of advisors
serves as an ex officio voting member of the Governing Board of
West Virginia University; and
(3) For Pierpont Community and Technical College. The
chairperson of the board of advisors of Pierpont Community and
Technical College serves as an ex officio, voting member of the
Fairmont State University Board of Governors.
(b) The lay members of the institutional boards of advisors for
the regional campuses are appointed by the board of governors.
(c) The lay members of the institutional boards of advisors
established for the administratively linked community and
technical colleges and Pierpont Community and Technical College
are appointed by the West Virginia Council for Community and
Technical College Education.
(d) The board of advisors consists of fifteen members, including
a full-time member of the faculty with the rank of instructor or
above duly elected by the faculty of the respective institution;
a member of the student body in good academic standing, enrolled
for college credit work and duly elected by the student body of
the respective institution; a member from the institutional
classified employees duly elected by the classified employees of
the respective institution; and twelve lay persons appointed
pursuant to this section who have demonstrated a sincere interest
in and concern for the welfare of that institution and who are
representative of the population of its responsibility district
and fields of study. At least eight of the twelve lay persons
appointed shall be residents of the state. Of the lay members who
are residents of the state, at least two shall be alumni of the
respective institution and no more than a simple majority may be
of the same political party.
(e) The student member serves for a term of one year beginning
on the first day of May. The member from the faculty and the
classified employees, respectively, serves for a term of two
years beginning on the first day of May. The twelve lay members
serve terms of four years each beginning on the first day of May.
All members are eligible to succeed themselves for no more than
one additional term. A vacancy in an unexpired term of a member
shall be filled for the remainder of the unexpired term within
thirty days of the occurrence thereof in the same manner as the
original appointment or election. Except in the case of a
vacancy:
(1) 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; and
(2) Terms of members begin on the first day of May following
election.
(f) Each board of advisors shall hold a regular meeting at least
quarterly, commencing in May of each year. Additional meetings
may be held upon the call of the chairperson, president of the
institution or upon the written request of at least five members.
A majority of the members constitutes a quorum for conducting the
business of the board of advisors.
(g) One of the twelve lay members shall be elected as
chairperson by the board of advisors in May of each year. A
member may not serve as chairperson for more than
two four
consecutive years.
(h) 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 boards of advisors and the
institutions under this section shall be paid from funds
allocated to the institutions for that purpose.
(i) Prior to the submission by the president to its governing
board, the board of advisors shall review 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
considers proper. The written comments and recommendations shall accompany the proposal to the governing board and the governing
board shall include the 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.
(j) Prior to their implementation by the president, the board of
advisors shall review all proposals regarding institutionwide
personnel policies. The board of advisors may comment on the
proposals in writing.
(k) The board of advisors shall provide advice and assistance to
the president and the governing board in areas including, but not
limited to, the following:
(1) Establishing closer connections between higher education and
business, labor, government and community and economic
development organizations to give students greater opportunities
to experience the world of work. Examples of such experiences
include business and community service internships,
apprenticeships and cooperative programs;
(2) Communicating better and serving the current workforce and
workforce 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
(3) Assessing the performance of the institution's graduates and
assisting in job placement.
(l) When a vacancy occurs 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 the council. 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. For the purposes of the search and screening process
only, the 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 appropriate governing board. If the governing board rejects
all candidates submitted, the committee shall submit the names of
at least three additional candidates and this process shall be repeated until the governing board approves one of the candidates
submitted. In all cases, the governing board shall make the
appointment with the approval of the council or the commission in
the case of West Virginia University Institute of Technology. The
governing board or the council shall provide all necessary staff
assistance to the board of advisors in its role as a search and
screening committee. This subsection does not apply to Fairmont
State University. The president of Fairmont State University
continues to be appointed pursuant to the provisions of section
six, article one-b of this chapter.
(m) The boards of advisors shall develop a master plan for those
administratively linked community and technical colleges which
retain boards of advisors. The ultimate responsibility for
developing and updating the master plans at the institutional
level resides with the institutional board of advisors, but the
ultimate responsibility for approving the final version of these
institutional master plans, including periodic updates, resides
with the council. The plan shall include, but not be limited to,
the following:
(1) A detailed demonstration of how the master plan will be used
to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree
offerings, resource requirements, physical plant needs, personnel
needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of
the institution's area of responsibility for a quality system of
higher education are addressed;
(3) Documentation of the involvement of the commission,
institutional constituency groups, clientele of the institution
and the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than three
nor more than six years and shall be revised periodically as
necessary, including recommendations on the addition or deletion
of degree programs as, in the discretion of the board of
advisors, may be necessary.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND
CLASSIFICATION SYSTEM.
§18B-9-4. Establishment of personnel classification system;
assignment to classification and to salary schedule.
(a) The commission shall implement an equitable system of
job classifications, with the advice and assistance of staff
councils and other groups representing classified employees, each
classification to consist of related job titles and corresponding
job descriptions for each position within a classification,
together with the designation of an appropriate pay grade for
each job title, which system shall be the same for corresponding
positions of the commission and in institutions under all
governing boards. The equitable system of job classification and
the rules establishing it which were in effect immediately prior
to the effective date of this section are hereby transferred to
the jurisdiction and authority of the commission and shall remain
in effect unless modified or rescinded by the commission.(b)
Any classified staff salary increases distributed within state
institutions of higher education on the first day of July, two
thousand one, shall be in accordance with the uniform employee
classification system and a salary policy adopted by the interim
governing board and approved by the commission. Any classified
salary increases distributed within a state institution of higher
education after the first day of July, two thousand one, shall be
in accordance with the uniform classification system and a
uniform and equitable salary policy adopted by each individual board of governors. Each salary policy shall detail the salary
goals of the institution and the process whereby the institution
will achieve or progress toward achievement of placing each
classified employee at his or her minimum salary on the schedule
established pursuant to section three of this article.(c) No
classified employee defined as nonexempt from the wage and hour
provisions of the Fair Labor Standards Act of 1938, as amended,
may be paid an annual salary in excess of the salary established
by the salary schedule for his or her pay grade and years of
experience. A classified employees defined as exempt from the
wage and hour provisions of the Fair Labor Standards Act of 1938,
as amended, employee may receive a salary in excess of the salary
established by the salary schedule for his or her pay grade and
years of experience but only if all such exempt employees at the
institution are receiving at least the minimum salary for their
pay grade and years of experience as established for them by the
salary schedule: Provided, That no exempt classified employee may
receive a salary in excess of the highest salary provided for his
or her pay grade in the salary schedule any salary increase must
be provided in a manner that is consistent with the uniform
classification system and the institution's salary policy.
Note:The purpose of this bill is to clarify meeting
requirements for the Higher Education Policy Commission; to
authorize the Commission to convey real property; to permit a lay
member of an institutional board of governors to be elected as
chairperson for four consecutive one-year terms; to reduce the
term of office for officers elected by the Council for Community
and Technical College Education; to permit a member of the
Council for Community and Technical College Education to be
elected as chairperson for four consecutive one-year terms; to
permit a lay member of an institutional board of advisor to be
elected as chairperson for four consecutive one-year terms; and
to permit institutions to provide certain salary increases to
classified employees if funds are available.
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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