Introduced Version
House Bill 2333 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2333
(By Delegate Sumner)
[Introduced February 13, 2013; referred to the
Committee on Education.]
A A BILL to amend and reenact §18B-2A-1 of the Code of West Virginia,
1931, as amended, relating to setting forth the conditions
under which a member of an institutional board of governors
may serve more than four consecutive years as chairperson.
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. Findings; composition of boards; terms and
qualifications of members; vacancies;
eligibility for reappointment.
(a) Findings. -
The Legislature finds that the State of West Virginia is
served best when the membership of each governing board includes the following:
(1) The academic expertise and institutional experience of
faculty members and a student of the institution governed by the
board;
(2) The technical or professional expertise and institutional
experience of a classified employee of the institution governed by
the board;
(3) An awareness and understanding of the issues facing the
institution governed by the board; and
(4) The diverse perspectives that arise from a membership that
is balanced in terms of gender and varied in terms of race and
ethnic heritage.
(b) Boards of governors established. -
A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Bridgemont Community and Technical College,
Concord University, Eastern West Virginia Community and Technical
College, Fairmont State University, Glenville State College,
Kanawha Valley Community and Technical College, Mountwest Community
and Technical College, Marshall University, New River Community and
Technical College, Pierpont Community and Technical College,
Shepherd University, Southern West Virginia Community and Technical
College, West Liberty University, West Virginia Northern Community
and Technical College, the West Virginia School of Osteopathic Medicine, West Virginia State University, West Virginia University
and West Virginia University at Parkersburg.
(c) Board Membership. -
(1) 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.
(2) The Board of Governors for Marshall University consists of
sixteen persons. The Board of Governors for West Virginia
University consists of seventeen persons. The boards of governors
of the other state institutions of higher education consist of
twelve persons.
(3) Each board of governors includes the following members:
(A) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(B) 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; and
(C) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
(4) For the Board of Governors at Marshall University,
thirteen lay members appointed by the Governor, by and with the
advice and consent of the Senate, pursuant to this section;
(5) For the 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:
(A) The chairperson of the board of visitors of West Virginia
University Institute of Technology;
(B) A full-time faculty member representing the extension
service at the institution or a full-time faculty member
representing the health sciences, selected by the faculty senate.
(6) For each 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.
(A) Of the nine members appointed by the Governor, no more
than five may be of the same political party. Of the thirteen
members appointed by the Governor to the governing board of
Marshall University, no more than 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.
(B) Of the nine members appointed by the Governor, at least
five shall be residents of the 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 seven shall be residents of the
state.
(7) In making lay appointments, the Governor shall consider
the institutional mission and membership characteristics including
the following:
(A) The need for individual skills, knowledge and experience
relevant to governing the institution;
(B) The need for awareness and understanding of institutional
problems and priorities, including those related to research,
teaching and outreach;
(C) The value of gender, racial and ethnic diversity; and
(D) The value of achieving balance in gender and diversity in
the racial and ethnic characteristics of the lay membership of each
board.
(d) Board member terms. -
(1) The student member serves for a term of one year. Each
term begins on July 1.
(2) 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.
(3) 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.
(4) 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.
(5) 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 are held and all
appointments are made no later than June 30 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 four
consecutive years, unless at the end of a term of four consecutive
years there are no nominations for election of a new chairperson
and the current chairperson is willing to continue to serve in that
capacity until a new chairperson is elected.
(6) The appointed members of the 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 that became independent July 1, 2008, are for terms of two
years and five of the initial appointments are for terms of four
years.
(e) Board member eligibility, expenses. -
(1) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(A) 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; 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.
(B) 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; 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 or students from being
members of the governing boards.
(2) 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.
(3) 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.
(4) 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.
(5) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. 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 set forth the conditions
under which a member of a board of governors may serve more than
four consecutive years as chairperson.
Strike-throughs indicate language that would be stricken from
the present law.