H. B. 2961
(By Delegates Fleischauer, Marshall, Beach,
Shook, Pethtel, Shaver, Varner,
Morgan, Perry, Reynolds and Craig)
[Introduced March 5, 2009; referred to the
Committee on Education then Finance.]
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 numbers 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 or nonclassified 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
nonclassified employees duly elected by the nonclassified 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 the first day of July February 1.
(g) (j) 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.
(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.
(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 member 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 member representing nonclassified employees serves for
a term of up to four years. Each term begins on February 1.
Members representing nonclassified 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
the thirtieth
day of June 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,
nonclassified 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 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.