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Introduced Version Senate Bill 611 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 611

(By Senator Oliverio)

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[Introduced March 17, 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-2A-1 of the Code of West Virginia, 1931, as amended, relating to institutional boards of governors at institutions of higher education in West Virginia; adding two members to West Virginia University and Marshall University based upon their gender, race and ethnicity; and changing the composition of institutional boards of governors, membership and number of members.

Be it enacted by the Legislature of West Virginia:
That §18B-2A-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment; establishment of boards for independent community and technical colleges.

(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) Independent community and technical colleges established. --
Effective July 1, 2008, the board of advisors is abolished and a board of governors is established for Marshall Community and Technical College; Pierpont Community and Technical College, formerly a division of Fairmont State University; The Community and Technical College at West Virginia University Institute of Technology; West Virginia State Community and Technical College; and West Virginia University at Parkersburg.
(c) The State of West Virginia will best be served if the membership of each of these boards is arranged to include: The academic expertise and institutional experience of faculty members and students of the institution governed by the board; the technical or professional expertise and institutional experience of classified employees of the institution governed by the board; awareness and understanding of the issues facing the institution governed by the board; and the diverse perspectives that arise from a board that is balanced in terms of gender and varied in terms of race and ethnic heritage.
(A) In making the initial appointments to these boards of governors, the Governor may appoint those persons who are lay members of the boards of advisors by June 30, 2008.
(B) At the end of the initial term, and thereafter, an appointment to fill a vacancy on the board or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.
(c) (d) The institutional boards of governors for Marshall University and West Virginia University consist of sixteen persons. The boards of governors of the other state institutions of higher education consist of twelve persons.
(d) (e) 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; for the institutional board of governors at West Virginia University and Marshall University, two additional full- time members 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 West Virginia and Marshall University two additional members of the institutional classified employees duly elected by the classified employees of the respective institutions; and
(4) (5) For the institutional board of governors at Marshall University, thirteen ten lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section.
(5) (6) For the institutional board of governors at West Virginia University, twelve nine 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 board of visitors of West Virginia University Institute of Technology.
(6) (7) For each institutional board of governors of the other state institutions of higher education, nine lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section.
(f) Of the nine members appointed by the Governor, no more than five may be of the same political party. Of the thirteen ten members appointed by the Governor to the governing board of Marshall University, no more than eight six may be of the same political party. Of the twelve The members appointed by the Governor to the governing board of West Virginia University, no more than seven may be of the same political party. Of the nine members appointed by the Governor, at least six shall may be residents of the any state. Of the thirteen members appointed by the Governor to the governing board of Marshall University, at least eight shall be residents of the state. Of the twelve members appointed by the Governor to the governing board of West Virginia University, at least eight shall be residents of the state.
(g) In making lay appointments, the Governor shall consider: the need for individual skills, knowledge and experience relevant to governing the institution; the need for awareness and understanding of institutional problems and priorities, including those related to research, teaching and outreach; the value of gender, racial and ethnic diversity.
(h) In making lay appointments, the Governor shall seek balance in gender and diversity in the racial and ethnic characteristics of the lay membership of each board.
(f) (i) The student member serves for a term of one year. Each term begins on July 1, February 1.
(g) (j) The faculty member serves for a term of two years. Each term begins on July 1, . 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 July 1, . 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 up to four years. Each term begins on February 1. and Faculty members are eligible to succeed themselves for no more than one additional term.
(k) The members representing classified employees serves for a term of up to four years. Each term begins on February 1. Members representing classified employees are eligible to succeed themselves for no more than one additional term.
(l) The appointed lay citizen members serve terms of up to four years each and are eligible to succeed themselves for no more than one additional term.
(j) (m) 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 June 30 January 31 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 except for the fiscal year beginning July 1, 2008, only, when the board shall elect the chairperson in July. A member may not serve as chairperson for more than four consecutive years.
(k) (n) The appointed members of the institutional boards of governors serve staggered terms of up to four years except that four of the initial appointments to the governing boards of community and technical colleges which become independent July 1, 2008, are for terms of two years and five of the initial appointments are for terms of four years.
(o) The appointed members of the institutional boards of governors must be duly confirmed within ninety days of the Governor's appointment. A governor may serve no more than ninety days unless duly confirmed.
(l) (p) 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, an employee of any institution of higher education in West Virginia; 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 employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; or a member of the council or commission. This subsection does not prevent the representative from the faculty, classified employees, students, 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 a board of visitors of any public institution of higher education in West Virginia; 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; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; 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) (q) 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) (r) 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) (s) 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 add two members to the institutional boards of governors at West Virginia University and Marshall University based upon their gender, race and ethnicity. It also makes similar changes at other institutions of higher education in West Virginia by changing the composition of institutional boards of governors, membership and numbers of members.

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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