H. B. 2684


(By Delegates Manuel, Mezzatesta and Michael)
[Introduced February 23, 1995; referred to the
Committee on Political Subdivisions.]




A BILL to amend and reenact section five-a, article one, chapter
seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to conflicts of interest of county commissioners.

Be it enacted by the Legislature of West Virginia:
That section five-a, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-5a. Excusal of commissioner from voting where conflict of interest involved; appointment of substitute for limited purpose.

Each county commissioner present during any county commission meeting when any question is put shall vote unless he is immediately and particularly interested therein. Before such question is put, any member having a direct personal or pecuniary interest therein should announce this fact, and request to be excused from voting. The disqualifying interest must be such as affects the member directly, and not as one of a class.
In the event all three county commissioners have conflicts of interest, the president of the county commission shall appoint, from among the elected county officials of the particular county, an ad hoc commissioner, for each commissioner who has a conflict, who shall, upon acceptance of the appointment, proceed to act in the place and stead of the commissioner on account of whose conflict of interest the appointment was made and shall have full authority of a county commissioner for action upon the limited issue for which the conflict of interest exists.





NOTE: The purpose of this bill is to provide a mechanism for a county commission to fulfill its statutory duties if all of the county commissioners have conflicts of interest and are excused from voting.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.