H. B. 2398
(By Delegates Michael and Williams)
[Introduced March 4, 1997; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section two, article two-a, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to compensation of
county board of health members.
Be it enacted by the Legislature of West Virginia:
That section two, article two-a, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH
AGENCIES.
§16-2A-2. Membership and organization of county and municipal
boards of health; appointment and qualification;
terms; removal; compensation.
A county board of health or municipal board of health
created and established under the provisions of this article
shall be composed of five members appointed by the county court
commission or the governing body of the municipality. Where any
county board of education contributes funds to a county court
commission or a municipality, which creates such the board of
health, for health purposes, such the board of education may
nominate one member of such the local board of health. Such Each
nominee shall be appointed to such the board of health by the
appointing authority, if otherwise qualified. In the event such
the nominee is rejected by the appointing authority, or in the
event his or her position on the board of health is vacated
during the term for which he or she is appointed, such the county
board of education may nominate another person, who, if otherwise
qualified, shall be appointed to the board of health by the
appointing authority. In the event such the county board of
education fails or refuses to nominate some person for such the
appointment within thirty days of the date of the receipt of a
request, in writing, from the appointing authority for a
nomination, the appointing authority shall proceed to make such
the appointment without any nomination by the county board of
education.
All members of any such board of health shall be citizens
and residents of the county or municipality they are appointed to
represent. No more than three of the members of such the board
shall belong to the same political party, nor shall more than two
of such the members be residents of the same magisterial district
or municipal ward, nor shall more than two such members be
personally and individually licensed in, engaged in, or actively
participating in or carrying on, the same business, profession,
or occupation. All members shall be eligible for reappointment.
All members of such the board shall be appointed for terms
of five years each, except that the persons appointed when the
board is initially created shall be individually designated to
serve for terms of one, two, three, four and five years,
respectively. Upon the expiration of such the initial
appointments the terms for each new appointee shall be five
years. Each member shall serve until the appointment of his duly
qualified successor. Any vacancy on such the board shall be
filled by appointment for the unexpired term.
Such Each county or municipal board of health shall organize
by electing from its members a chairman who shall serve as such
for a period of one year. Such The chairman shall have the power
to sign documents, execute contracts and otherwise act for and in the name of such the board in all matters within its lawful
powers and duly authorized by a majority of its members.
No member of such the board may be removed from office
during the term for which he or she is appointed except for
official misconduct, incompetence, neglect of duty or gross
immorality: Provided, That the revocation of a professional
license issued by this state to any such member shall be
sufficient reason and cause for the removal of such the member
from office.
Each member of such the board shall receive a sum set by the
county court commission or governing body but not exceeding ten
dollars as compensation for his or her services in attending each
meeting of the board as required by law and may be reimbursed for
actual and necessary travel and other expenses incurred by him or
her in the performance of his or her duties as a member of such
board.
NOTE: The purpose of this bill is to allow the county
commission or governing body to set a sum as compensation for the
board members services.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.