Senate Bill No. 1001
(By Senators Tomblin, Mr. President, and Caruth, By Request of
the Executive)
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[Introduced March 16, 2008; referred 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 higher education generally;
establishing boards of governors for independent community and
technical colleges; providing for the initial appointment and
the terms of office of members of the boards of governors for
independent community and technical colleges; appointment and
membership of institutional boards of governors of state
institutions of higher education; and providing for the
election of a chairperson of an institutional board of
governors during the fiscal year beginning on the first day of
July, two thousand eight.
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
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Effective the first day of July, two thousand eight, 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.
(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) 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.
(c) (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 thirteen 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 chairperson 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, 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.
(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) (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 thirteen members appointed by the Governor to the
governing boards board of Marshall University, and West Virginia
University, no more than seven eight may be of the same political
party. Of the twelve 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 eight or nine members
appointed by the Governor, at least six shall be residents of the
state. Of the twelve thirteen members appointed by the Governor to
the governing boards board of Marshall University, and West
Virginia 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.
(e) (f) The student member serves for a term of one year.
Each term begins on the first day of July.
(f) (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.
(g) (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.
(h) (i) 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.
(i) (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 except for the fiscal year
beginning on the first day of July, two thousand eight only, when
the board shall elect the chairperson in July. A member may not
serve as chairperson for more than four consecutive years.
(j) (k) 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 on the first day of July, two thousand eight are for terms of two years
and five of the initial appointments are for terms of four years.
(k) (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; 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 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 a board of advisors visitors 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; 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.
(l) (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.
(m) (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.
(n) (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.