Senate Bill No. 244
(By Senators Love, White, Dempsey, Foster and McCabe)
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[Introduced February 22, 2005; referred to the Committee
on Education.]
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A BILL to amend and reenact §18B-1B-6 of the Code of West Virginia,
1931, as amended; to amend and reenact §18B-2-9 of said code;
and to amend and reenact §18B-2A-1 of said code, all relating
generally to the consolidation of administrative, information,
technological, financial and operating systems and functions
of West Virginia University Institute of Technology with and
into such systems and functions of West Virginia University;
providing that the President of West Virginia University
Institute of Technology shall report to the President of West
Virginia University or otherwise as the Board of Governors of
West Virginia University directs; authorizing the Board of
Governors of West Virginia University to combine and
consolidate the administrative, information, technological,
financial and operating systems and functions of West Virginia
University Institute of Technology with and into such systems and functions of West Virginia University; providing that the
auxiliary enterprises of West Virginia University Institute of
Technology shall be incorporated into the West Virginia
University Auxiliary Enterprise System; and providing that two
members of the Board of Advisers for West Virginia University
Institute of Technology be placed on the Board of Governors at
West Virginia University.
Be it enacted by the Legislature of West Virginia:
That §18B-1B-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18B-2-9 of said code be amended and
reenacted; and that §18B-2A-1 of said code be amended and
reenacted, all to read as follows:
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a)
Appointment of institutional presidents. -- Appointment of
presidents of the public institutions of higher education shall be
made as follows:
(1) Subject to the approval of the commission, the governing
board of the institution appoints a president for Bluefield State
College, Concord College, Fairmont State College, Glenville State
College, Marshall University, Shepherd College, West Liberty State
College, West Virginia School of Osteopathic Medicine, West
Virginia State College and West Virginia University.
(2) Subject to the approval of the council and to the provisions of article three-c of this chapter, the governing board
of West Virginia University appoints the president of the regional
campus known as West Virginia University at Parkersburg. When
selecting candidates for consideration to fill the office of
president, the governing board shall use the search and screening
process provided
for in section one, article six of this chapter.
Subject to the approval of the commission, the governing board
of West Virginia University appoints the president of the regional
campus known as West Virginia University Institute of Technology.
The president of
West Virginia University Institute of Technology
each regional campus serves at the will and pleasure of the
appointing governing board,
and for management and executive
purposes shall report and be accountable to the president of West
Virginia University, or otherwise as the board of governors of West
Virginia University may determine from time to time.
(3) Subject to the approval of the council, the governing
board of the community and technical college appoints a president
for eastern West Virginia Community and Technical College, southern
West Virginia Community and Technical College and West Virginia
Northern Community and Technical College.
(4) Subject to the approval of the council, the governing
board of the sponsoring institution appoints a president for each
administratively linked community and technical
colleges college
which shares a physical campus location with the sponsoring institution, including Fairmont State Community and Technical
College, Marshall Community and Technical College, the Community
and Technical College at West Virginia University Institute of
Technology and West Virginia State Community and Technical College.
(5) Subject to the approval of the council, the governing
board of the community and technical college appoints a president
for each administratively linked community and technical college
which does not share a physical campus location with the sponsoring
institution, including New River Community and Technical College
and the Community and Technical College of Shepherd.
Subject to the approval of the council, the governing board of
the sponsoring institution appoints a president for each of these
two community and technical colleges until the institution gains
independent accreditation.
(b)
Other appointments. -- Effective the first day of July,
two thousand five, the institutional president shall appoint a
provost to be the administrative head of the Potomac Campus of West
Virginia University.
(c)
Evaluation of presidents. -- The appointing governing
board shall conduct written performance evaluations of each
institution's president, including the presidents of
administratively linked community and technical colleges.
Evaluations shall be done in every fourth year of employment as
president, recognizing unique characteristics of the institution and utilizing institutional personnel, institutional boards of
advisors as appropriate, staff of the appropriate governing board
and persons knowledgeable in higher education matters who are not
otherwise employed by a governing board. A part of the evaluation
shall be a determination of the success of the institution in
meeting the requirements of its institutional compact.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.
§18B-2-9. West Virginia University Institute of Technology.
(a) Notwithstanding any other provisions of this code to the
contrary, the authority to establish, maintain and operate West
Virginia Institute of Technology is hereby transferred to the board
of trustees effective the first day of July, one thousand nine
hundred ninety-six. West Virginia Institute of Technology shall
henceforth be known as West Virginia University Institute of
Technology and shall be operated as a regional campus of West
Virginia University under the same procedures, policies, rules and
practices utilized by West Virginia University and the board of
trustees in operating West Virginia University at Parkersburg and
Potomac State College of West Virginia University: Provided, That
on and after the first day of July, two thousand six, the governing
board of West Virginia University shall have the full authority,
power and right, in its discretion, to coordinate, consolidate,
integrate, merge or otherwise alter or combine the various
administrative, informational, technological, financial and operating systems and functions of West Virginia University
Institute of Technology in, into or with any systems and functions
of West Virginia University, so that West Virginia University
Institute of Technology operates as a fully integrated division of
West Virginia University. Effective the first day of July, two
thousand six, the advisory board previously appointed for West
Virginia University Institute of Technology shall be known as the
board of visitors and shall provide guidance to West Virginia
University Institute of Technology in carrying out its mission.
(b) Notwithstanding any other provisions of this code to the
contrary and notwithstanding the resource allocation policy of the
board of trustees, in allocating funds to the institutions under
its jurisdiction, the board of trustees, through the first day of
July, two thousand one, shall ensure that each institution receives
no less than the amount of funds that each institution would have
received if West Virginia Institute of Technology had not been
transferred to the jurisdiction of the trustees.
(c) Title to all property previously transferred to or vested
in the board of directors for the exclusive use or benefit of West
Virginia Institute of Technology is hereby transferred to the board
of trustees. Each valid agreement, obligation or claim entered
into or incurred by the board of directors on behalf of West
Virginia Institute of Technology is hereby transferred to the board
of trustees.
(d) Revenues of West Virginia Institute of Technology
previously pledged to pay off the indebtedness of revenue bonds
issued by the board of directors shall continue to be paid to the
board of directors until the existing debt is fully paid. An
annual payment of three hundred seventy-three thousand eighty-nine
dollars for each of the years remaining on the present system bond
issue of the board of directors shall constitute the debt of West
Virginia University Institute of Technology to the board of
directors under this subsection. If the board of directors
approves, the board of trustees or West Virginia University
Institute of Technology may discharge this indebtedness through
alternative payment plans or methods, including prepayment
discounted appropriately.
(e) To compensate the other state college institutions for
the amount that would have been reallocated under the resource
allocation policy of the board of directors if West Virginia
Institute of Technology had remained under the jurisdiction of the
board of directors, West Virginia University Institute of
Technology shall transfer two hundred eighty-four thousand five
hundred twenty-five dollars to the board of directors for each of
the fiscal years one thousand nine hundred ninety-six--
ninety-seven, one thousand nine hundred ninety-seven--ninety-eight,
and one thousand nine hundred ninety-eight--ninety-nine.
(f) West Virginia University Institute of Technology shall retain the same or a lower type of southern regional education
board classification as an institution until at least the first day
of July, two thousand.
(g) Until at least the first day of July, one thousand nine
hundred ninety-seven, West Virginia University Institute of
Technology shall retain the same promotion and tenure process in
place prior to the transfer effectuated by this section.
(h) Effective the first day of July, two thousand six,
auxiliary enterprises of West Virginia University Institute of
Technology shall be incorporated into the West Virginia University
auxiliary enterprise system. The West Virginia University board of
governors shall determine if operations at the West Virginia
University Institute of Technology campus can be operated on a
self-sufficient basis when establishing rates for auxiliary
services and products.
(h)(i) For the purposes of meeting the requirements of section
one, article seven of this chapter, West Virginia University
Institute of Technology, West Virginia University at Parkersburg,
and Potomac State College of West Virginia University shall be
considered separate institutions of higher education.
(i) (j) Any new moneys appropriated to or received by West
Virginia University Institute of Technology shall be allocated to
West Virginia University Institute of Technology under the policies
of the board of trustees.
It is the intent of the Legislature in implementing the merger
of West Virginia University and West Virginia Institute of
Technology that new graduate programs offered by West Virginia
University at the West Virginia University Institute of Technology
will not duplicate existing graduate programs currently offered by
Marshall University and the West Virginia Graduate College. Before
any graduate programs are offered by West Virginia University at
the West Virginia University Institute of Technology, they must be
approved by the board of trustees.
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, Concord College, Eastern
West Virginia Community and Technical College, Fairmont State
College, Glenville State College, Marshall University, Shepherd
College, 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 College University and West Virginia
University.
(b) For the Community and Technical College of Shepherd and
New River Community and Technical College the institutional board
of advisors remains in place until the institution achieves independent accreditation as provided in section eight, article
three-c of this chapter.
(1) As long as the institutional board of advisors remains in
place, the chairperson of the board of advisors serves as an ex
officio, voting member of the board of governors of the sponsoring
institution;
(2) When the community and technical college achieves
independent accreditation, the board of advisors is abolished and
a board of governors is established with members appointed pursuant
to this section;
(3) When a board of governors is established for the community
and technical college:
(A) The chairperson of the governing board of the sponsoring
institution serves as an ex officio, nonvoting member of the
governing board of the community and technical college board of
governors; and
(B) The chairperson of the governing board of the community
and technical college serves as an ex officio, nonvoting member of
the governing board of the sponsoring institution.
(4) In making the initial appointments to these boards of
governors, the Governor shall appoint those persons who are lay
members of the institutional boards of advisors, except in the case
of death, resignation or failure to be confirmed by the Senate.
(c) The institutional board of governors for Marshall University consists of sixteen persons and the institutional board
of governors for West Virginia University consists of seventeen
persons. Each other board of governors consists of twelve persons.
(d) 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 chairperson of the institutional board of
advisors of the Community and Technical College at West Virginia University Institute of Technology, and West Virginia University at
Parkersburg, and two members of the board of advisors for 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.
(e) 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.
(f) The student member serves for a term of one year. Each
term begins on the first day of July.
(g) 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.
(h) 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.
(i) The appointed lay citizen members serve terms of four
years each and are eligible to succeed themselves for no more than
one additional term.
(j) 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 consecutive years.
(k) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
NOTE: The purpose of this bill is to enhance operating
efficiencies at West Virginia University Institute of Technology by
more fully integrating West Virginia University Institute of
Technology with and into West Virginia University. The bill vests
the board of governors of West Virginia University with the power
to combine the various administrative, informational,
technological, financial and operating systems and functions of
West Virginia University Institute of Technology with and into such
systems and functions of West Virginia University.
The bill also provides that the President of West Virginia
University Institute of Technology shall report to the President of
West Virginia University, or otherwise as the board of governors of
West Virginia University may direct from time to time.
The bill also requires that two members of the board of
advisors at the West Virginia Institute of Technology be placed on
the board of governors at West Virginia University.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.