Senate Bill No. 421
(By Senators Jenkins and Plymale)
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[Introduced January 31, 2003; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact sections two, three, four and six-a,
chapter twenty-six, acts of the Legislature, regular session,
one thousand nine hundred twenty-five, as last amended by
chapter one hundred ninety-four, acts of the Legislature,
regular session, one thousand nine hundred eighty-three, all
relating to the greater Huntington park and recreation
district; and increasing the number of members on the board.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four and six-a, chapter twenty- six,
acts of the Legislature, regular session, one thousand nine hundred
twenty-five, as last amended by chapter one hundred ninety-four,
acts of the Legislature, regular session, one thousand nine hundred
eighty-three, be amended and reenacted, all to read as follows:
GREATER HUNTINGTON PARK AND RECREATION DISTRICT.
§2. Greater Huntington park and recreation district; composition, terms of office; political affiliation; no commissioner may
hold another elected public office; compensation; expenses; no
commissioner may be personally interested in contacts or
property controlled by the board.
(a) The purpose of the board of park commissioners of the city
of Huntington as heretofore created and established by the acts
hereby amended and reenacted, shall be to establish, own, develop
and operate a park system for the benefit, health, safety, welfare,
pleasure and relaxation of the inhabitants of the Greater
Huntington park and recreation district and shall hereafter be
known as the "Greater Huntington Park and Recreation District."
(b) The park district shall be governed by
ten eleven
commissioners;
nine ten of whom shall be elected from Cabell
County, but no more than two of whom shall be elected from any one
magisterial district, and one of whom shall be elected from
Westmoreland magisterial district in the county of Wayne. The
commissioners shall be elected pursuant to paragraph
one (1) of
subsection subdivision (1) of this
section subsection.
(1) Commissioners of the park district shall be nominated and
elected in the general election for state officers on the first
Tuesday after the first Monday in November and in the manner
prescribed by law for the nomination and election of district
officers, except as provided in
this subsection.
(b)
At the general election in the year, one thousand nine hundred eighty-four, there shall be elected six commissioners. One
commissioner shall be elected from the Westmoreland magisterial
district in the county of Wayne. Five commissioners shall be
elected from the county of Cabell. In Westmoreland district of
Cabell County the person receiving the highest number of votes
shall be elected for a term of six years. In Cabell County, the
three persons receiving the highest number of votes shall be
elected for a term of six years, the person receiving the next
highest number of votes shall be elected for a term of four years,
and the remaining elected commissioner shall be elected for a term
of two years.
Beginning at the general election in the year, one thousand
nine hundred eighty-six and every sixth year thereafter, there
shall be elected three commissioners who shall be elected for a
term of six years.
Beginning at the general election in the year, one thousand
nine hundred eighty-eight and every sixth year thereafter, there
shall be elected three commissioners who shall be elected for a
term of six years.
Beginning at the general election in the year, one thousand
nine hundred ninety and every sixth year thereafter, there shall be
elected four commissioners who shall be elected for a term of six
years.
Beginning at the general election in the year, two thousand four, and every sixth year thereafter, there shall be elected four
commissioners from the county of Cabell who shall be elected for a
term of six years.
Beginning at the general election in the year, two thousand
six, and every sixth year thereafter, there shall be elected three
commissioners from the county of Cabell who shall be elected for a
term of six years.
Beginning at the general election in the year, two thousand
eight, and every sixth year thereafter, there shall be elected four
commissioners who shall be elected for a term of six years. One
commissioner shall be elected from the Westmoreland magisterial
district in the county of Wayne. Three commissioners shall be
elected from the county of Cabell.
(2) The commissioners in office upon the effective date of
this act under the authority of the acts hereby amended and
reenacted, shall continued in office for the term for which they
were elected.
(c) No elected commissioner shall hold any other elected or
appointed public office.
(d) Commissioners shall receive no compensation for their
services as commissioners, but they shall be entitled to
reimbursement for all reasonable and necessary expenses actually
incurred in the performance of their duties as commissioners.
(e) Commissioners shall have no personal financial interest, directly or indirectly, in any contract entered into by the park
district, or hold any remunerative position in connection with the
establishment, construction, improvement, extension, development,
maintenance or operation of any of the property under their control
as commissioners.
§3. Vacancies in office of park commissioners.
Any vacancy which may occur in the office of an elected
commissioner, by death, resignation, refusal to serve, or
otherwise, shall be filled by the park district
at its first
regular meeting within sixty days thereafter, by appointment of a
suitable person, and the person so appointed shall hold office
until the next election for commissioners, when a person shall be
elected for the remainder of the unexpired term of commissioner.
§4. Oath of commissioners; election of officers; election of other
officers; duties of officers; bond of secretary; secretary
pro tempore.
(a) After appointment or election, and before entering upon
his duties as commissioner, each new commissioner shall take the
following oath as administered by the
county clerk of
the city of
Huntington Cabell or Wayne County as appropriate and convenient:
"I ......................... do solemnly swear that I will
faithfully perform the duties as a member of the Greater Huntington
park and recreation district during the term for which I was
elected, to the best of my ability according to law."
(b) At the park district's first meeting and every year
thereafter, it shall elect one of its members as president, and
another member as vice-president. The park district shall elect a
secretary who need not be a member of the park district, as well as
elect a member of the park district who shall serve as treasurer.
The park district shall have the power to appoint from among its
members such other officers as it deems necessary and to delegate
such duties and authority to these other officers as is consistent
with carrying out the purposes of this charter. Any officer may be
removed from office, upon adequate notice and hearing, although not
relieved of his duties as a commissioner, by a vote of the majority
of commissioners present and voting.
(c) The officers of the park district shall have the following
specified duties and any duty which is reasonably inferred
therefrom and which is consistent with carrying out the purposes of
this charter.
(1)
President. -- The president shall perform such duties as
ordinarily devolve upon the president officer of a deliberative
body, except that he shall have a vote upon each and every question
as every other commissioner, but he shall have only one vote on
each question. Additionally, the president shall: (a) Act as
chief administrative officer and legal representative of the park
district; (b) represent and speak for the park district to other
organizations and to the public; (c) appoint committees and delegate duties; and (d) sign letters or documents necessary to
carry out the will of the park district.
(2)
Vice-president. -- The vice-president shall assume the
duties of the president in case of the absence or incapacity of the
president and shall become president on the death, resignation or
permanent incapacity of the president as determined by the park
district.
(3)
Secretary. -- The secretary shall be the chief recording
and corresponding officer and the custodian of the records of the
park district. The duties of the secretary shall be to: (a) Take
careful and authentic notes of the proceedings of the meetings as
a basis for preparing the minutes; (b) prepare and certify the
correctness of the minutes and enter them in the official minute
book; (c) read or circulate the minutes to the commissioners for
correction and approval; (d) enter any corrections approved by the
commissioners in the minute book and initial them; (e) record and
attest by his signature the approved minutes as the official
minutes of the park district, with the date of approval; (f)
provide the presiding officer of the assembly with the exact
wording of a pending motion or of one previously acted on ; (g)
prepare a list of members and call the roll when directed by the
presiding officer; (h) read all papers, documents or communications
as directed by the presiding officer; (i) bring to each meeting the
minute book, a copy of ordinances, rules and policies, a list of the members, a list of standing and special committees, and a copy
of the parliamentary authority adopted by the organization; (j)
search the minutes for information requested by officers or
members; (k) assist the presiding officer before each meeting in
preparing a detailed agenda; (l) preserve all records, reports and
official documents of the park district except those specifically
assigned to the custody of others as well as preserve all papers
containing evidence of title, contracts and obligations; (m)
prepare and send required notices of meetings and proposals; (n)
provide the chairman of each special committee with a list of his
committee members, a copy of the motion referring the subject to
the committee, and instructions and other documents that may be
useful; (o) provide the chairman of each standing committee with a
copy of all proposals referred to it, instructions, or material
that may be useful; (p) authenticate official documents by his
signature; (q) carry on the official correspondence of the park
district as directed, except correspondence assigned to other
officers; (r) make available the minute book for public inspection
as a public record; (s) codify and preserve all ordinances enacted
by the park district.
For this service the secretary, who is not a commissioner, may
receive such compensation as the park district may allow. Before
entering upon the duties of his office, the secretary shall enter
into a bond with one or more sureties deemed sufficient by the park district and approved by the park district, conditioned upon the
faithful performance of his duties, the bond to be payable to the
Greater Huntington park and recreation district in such penal sum
as the park district determines, which bond shall be filed with the
park district for safekeeping. In the secretary's absence, the
park district may appoint a secretary pro tempore.
(4)
Treasurer. -- The treasurer shall be responsible for the
collection, safekeeping, investing and expenditure of all funds and
assets of the park district, and for keeping an accurate financial
record thereof which record shall be available for public
inspection. Before entering upon the duties of his office, the
treasurer shall enter into a bond with one or more sureties deemed
sufficient by the park district, and approved by the park district,
conditioned upon the faithful discharge of his duties and the
account for and paying over, as may be required, all moneys which
may come into his possession by virtue of his office. Such bond
shall be in such penal sum as the park district may require,
payable to the Greater Huntington park and recreation district and
filed with the park district for safekeeping.
§6a. Comprehensive plan.
No later than the first day of January,
one thousand nine
hundred eighty-six two thousand four, and every fifth year
thereafter, the park district shall prepare and make public a
comprehensive plan as to the future development of the park district.
During the year, one thousand nine hundred eighty-four,
the commission shall conduct at least one public hearing in each
magisterial district for the purpose of obtaining citizen input for
the comprehensive plan.
NOTE: The purpose of this bill is to increase the number of
members on the Greater Huntington Park and make other minor changes
in the act.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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