Senate Bill No. 549
(By Senators Oliverio, Prezioso, Hunter, McCabe and Minear)
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[Introduced February 10, 2006; referred to the Committee
on Education.]
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A BILL to amend and reenact §18B-6-1a, §18B-6-2, §18B-6-3,
§18B-6-4, §18B-6-5 and §18B-6-6 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto
three new sections, designated §18B-6-3a, §18B-6-4a and
§18B-6-6a, all relating to removing West Virginia University's
representation from state advisory councils of students,
faculty and classified employees; establishing stand-alone
advisory councils; providing for meetings of West Virginia
University advisory councils with the Higher Education Policy
Commission; and expanding the representative responsibilities
of the West Virginia University Faculty Senate and Classified
Employee Council.
Be it enacted by the Legislature of West Virginia:
That §18B-6-1a, §18B-6-2, §18B-6-3, §18B-6-4, §18B-6-5 and
§18B-6-6 of the Code of West Virginia, 1931, as amended, be amended
and reenacted; and that said code be amended by adding thereto three new sections, designated §18B-6-3a, §18B-6-4a and §18B-6-6a,
all to read as follows:
ARTICLE 6. ADVISORY COUNCILS.
§18B-6-1a. Definitions.
For the purposes of this article, the following words have the
meanings specified unless the context clearly indicates a different
meaning:
(a) "Advisory council of classified employees" or "classified
council" means the state advisory organization of classified
employees created pursuant to section five of this article.
(b) "West Virginia University classified employee council"
means the advisory group of classified employees formed at West
Virginia University pursuant to section six-a of this article.
(c) "Advisory council of faculty" or "faculty council" means
the state advisory organization of faculty created pursuant to
section two of this article.
(d)"West Virginia University faculty senate" means the
advisory group of faculty formed at West Virginia University
pursuant to section three-a of this article.
(c) (e) "Advisory council of students" or "student advisory
council" means the state advisory organization of students created
pursuant to section four of this article.
(d) (f) "Classified employee", in the singular or plural,
means any regular full-time or regular part-time employee of a
governing board, the commission, the council or the West Virginia network for educational telecomputing who holds a position that is
assigned a particular job title and pay grade in accordance with
the personnel classification system established by law.
(e) (g) "Community and Technical College" means eastern West
Virginia Community and Technical College, Fairmont State Community
and Technical College, Marshall Community and Technical College,
New River Community and Technical College, West Virginia Northern
Community and Technical College, the Community and Technical
College of Shepherd, Southern West Virginia Community and Technical
College, West Virginia State Community and Technical College, the
Community and Technical College at West Virginia University
Institute of Technology, West Virginia University at Parkersburg
and any other community and technical college so designated by the
Legislature.
(f) (h) "Council" means the West Virginia Council for
Community and Technical College education created pursuant to
section three, article two-b of this chapter.
(g) (i) "Institutional classified employee council" or "staff
council" means the advisory group of classified employees formed at
a state institution of higher education pursuant to section six of
this article.
(h) (j) "Institutional faculty senate", "faculty senate" or
"faculty assembly" means the advisory group of faculty formed at a
state institution of higher education pursuant to section three of
this article.
(i) (k) "State institution of higher education", in the
singular or plural, means the institutions as defined in section
two, article one of this chapter and, additionally, Fairmont State
Community and Technical College, Marshall Community and Technical
College, New River Community and Technical College, Potomac State
College of West Virginia University, Robert C. Byrd Health Sciences
Charleston Division of West Virginia University, the Community and
Technical College of Shepherd, West Virginia State Community and
Technical College, West Virginia University at Parkersburg, West
Virginia University Institute of Technology, the Community and
Technical College at West Virginia University Institute of
Technology, the Higher Education Policy Commission, the West
Virginia Council for Community and Technical College Education, the
West Virginia Network for Educational Telecomputing and any other
institution so designated by the Legislature.
§18B-6-2. Advisory council of faculty.
(a) There is continued the state advisory council of faculty,
which includes each institution of higher education except West
Virginia University.
(b) Election of members and terms of office. --
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education, except West
Virginia University at the direction of the faculty council and in
accordance with procedures established by the faculty council,
shall convene a meeting or otherwise institute a balloting process to elect one faculty member from each institution of higher
education to serve on the faculty council.
(2) Terms of the members are for two years and begin on the
first day of July of each odd-numbered year. Members are eligible
to succeed themselves.
(3) For the year two thousand four only, each president of an
administratively linked community and technical college shall
consult with the faculty council during the month of July to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one faculty member from that
institution to serve on the faculty council. Members so elected
shall take office upon election and serve until the next regularly
scheduled election held pursuant to this section; thereafter,
faculty members elected to represent administratively linked
community and technical colleges serve a regular two-year term.
(c) The faculty council shall meet at least once each quarter
and may meet at such other times as called by the chairperson or by
a majority of its members. One of the quarterly meetings shall be
during the month of July, at which meeting the faculty council
shall elect a chairperson from among its members. The chairperson
may serve no more than two consecutive terms as chair. A member
may not vote by proxy at the election. In the event of a tie in
the last vote taken for such election, a member authorized by the
faculty council shall select the chairperson by lot from the names
of those persons tied. Immediately following the election of a chairperson, and in the manner prescribed by this section for the
election of a chairperson, the faculty council shall elect a member
to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the faculty council shall meet
and elect a new chairperson to fill the unexpired term within
thirty days following the vacancy.
(d) The faculty council, through its chairperson and in any
appropriate manner, shall communicate to the commission or the
council, as appropriate, matters of higher education in which the
faculty members have an interest.
(e) The commission and council each shall meet annually
between the months of October and December with the faculty council
to discuss matters of higher education in which the faculty members
or the commission or council may have an interest.
(f) Members of the faculty council serve without compensation.
Members are entitled to reimbursement for actual and necessary
expenses, including travel expenses, incurred in the performance of
their official duties. Expenses are paid from funds allocated to
the state institution of higher education which the member serves.
(g) The faculty council shall prepare minutes of its meetings,
which minutes shall be available, upon request, to any faculty
member of a state institution of higher education represented on
the faculty council.
§18B-6-3. Institutional faculty senate.
(a) Effective the first day of July, two thousand four, a faculty senate is established at each institution of higher
education, except for
West Virginia University and those
institutions which choose to establish a faculty assembly.
In the
latter case If an institution chooses to establish a faculty
assembly, all faculty participate in the faculty assembly and the
requirements of subsections (b) and (c) of this section do not
apply. Members and officers of an organized, campus-level advisory
group of faculty who are serving prior to the effective date of
this section may continue to serve with all the rights, privileges
and responsibilities prescribed herein until the time that members
elected as set forth in subsection (b) of this section assume
office.
(b) Members of each faculty senate are elected as follows:
(1) During the month of April of each even-numbered year, each
president of a state institution of higher education, at the
direction of the faculty and in accordance with procedures
established by the faculty, shall convene a meeting or otherwise
institute a balloting process to elect the members of the faculty
senates, except that for two thousand four only, the election shall
take place in July.
(2) Selection procedures shall provide for appropriate
representation of all academic units within the institution.
(3) The faculty member who is elected to serve on the faculty
council is an ex officio, voting member of the faculty senate and
reports to the faculty senate on meetings of the faculty council and the board of governors.
(c) Members serve a term of two years, which term begins on
the first day of July of each even-numbered year, except for the
year two thousand four when terms begin upon election. Members of
the faculty senate are eligible to succeed themselves.
(d) Each faculty senate shall elect a chairperson from among
its members. The chairperson serves a term of two years, and may
serve no more than two consecutive terms as chairperson.
(e) The faculty senate meets quarterly and may meet at such
other times as called by the chairperson or by a majority of the
members. With appropriate notification to the president of the
institution, the chairperson may convene a faculty senate meeting
for the purpose of sharing information and discussing issues
affecting faculty and the effective and efficient management of the
institution.
(f) The president of the institution shall meet at least
quarterly with the faculty senate to discuss matters affecting
faculty and the effective and efficient management of the
institution.
(g) The governing board of the institution shall meet at least
annually with the faculty senate to discuss matters affecting
faculty and the effective and efficient management of the
institution.
18B-6-3a. West Virginia University faculty senate.
(a) There is hereby continued a faculty senate at West Virginia University.
(b) Members of the West Virginia University faculty senate are
elected as follows:
(1) The faculty of West Virginia University shall establish
procedures to elect the members of the West Virginia University
faculty senate, no later than the first day of October, two
thousand six.
(2) Selection procedures shall provide for appropriate
representation of all academic units within West Virginia
University.
(c) Terms of the members of the West Virginia University
faculty senate shall be established by the faculty of West Virginia
University no later than the first day of October, two thousand
six.
(d) The West Virginia University faculty senate shall elect a
chairperson from among its members. The term of the chairperson
shall be established by the faculty senate of West Virginia
University no later than the first day of October, two thousand
six.
(e) The West Virginia University faculty senate meets
quarterly and may meet at other times as called by the chairperson
or by a majority of the members.
(f) The president of West Virginia University shall meet at
least quarterly with the West Virginia University faculty senate to
discuss matters affecting faculty and the effective and efficient management of the institution.
(g) The governing board of West Virginia University shall meet
at least annually with the West Virginia University faculty senate
to discuss matters affecting faculty and the effective and
efficient management of West Virginia University.
(h) The West Virginia University faculty senate, through its
chairperson and in any appropriate manner, shall communicate to the
commission matters of higher education in which the faculty members
or the commission may have an interest.
(i) The commission shall meet annually between the months of
October and December with the West Virginia University faculty
council to discuss matters of higher education in which the faculty
members or the commission may have an interest.
(j) Members of the West Virginia University faculty senate
serve without compensation. Members are entitled to reimbursement
for actual and necessary expenses, including travel expenses
incurred in the performance of their official duties. Expenses are
paid from funds allocated to West Virginia University.
§18B-6-4. Advisory council of students.
(a) There is continued the state advisory council of students
which includes each institution of higher education except West
Virginia University.
(b) During the month of April of each year, each student
government organization at each institution of higher education
West Virginia University shall elect a student to serve on the student advisory council. Terms of the members of the student
advisory council are for one year and begin on the first day of
September of each year. A duly elected member currently serving on
the advisory council of students may continue to serve until a new
member from that institution is elected pursuant to the provisions
of this section. Members of the student advisory council are
eligible to succeed themselves.
(c) The student advisory council shall meet at least once each
quarter. One of the quarterly meetings shall be during the month
of September, at which meeting the student advisory council shall
elect a chairperson. A member may not vote by proxy at the
election. In the event of a tie in the last vote taken for the
election, a member authorized by the student advisory council shall
select the chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, the student
advisory council shall elect, in the manner prescribed by this
section for the election of a chairperson, a member of the council
to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the student advisory council
shall meet and elect a new chairperson to fill the unexpired term
within thirty days following the vacancy.
(d) The student advisory council, through its chairperson and
in any appropriate manner, shall communicate to the commission or
the council, as appropriate, matters of higher education in which
the student members have an interest.
(e) At the request of the chairperson of the student advisory
council, the commission and council each shall meet annually,
between the months of October and December, with the student
advisory council to discuss matters of higher education in which
the student members or the commission or council have an interest.
(f) Members of the student advisory council serve without
compensation, but are entitled to reimbursement for actual and
necessary expenses, including travel expenses, incurred in the
performance of their official duties. Expenses are paid from funds
allocated to the state institution of higher education in which the
student is enrolled.
(g) The student advisory council shall prepare minutes of its
meetings. The minutes shall be available, upon request, to any
student of a state institution of higher education represented on
the council.
§18B-6-4a. West Virginia University student government
association.
(a) The West Virginia University student government
association, through its president and in any appropriate manner,
shall communicate to the commission matters of higher education in
which West Virginia University students have an interest.
(b) At the request of the West Virginia University student
government association president, the commission shall meet
annually, between the months of October and December, with the West
Virginia University student government association to discuss matters of higher education in which West Virginia University
students or the commission have an interest.
§18B-6-5. Advisory councils of classified employees.
(a) There is hereby continued the
state advisory council of
classified employees
which includes each institution of higher
education except West Virginia University.
(b)
Election of members and terms of office. --
(1) During the month of April of each odd-numbered year, each
president of a state institution of higher education,
except West
Virginia University at the direction of the classified council and
in accordance with procedures established by the classified
council, shall convene a meeting or otherwise institute a balloting
process to elect one classified employee from each institution of
higher education to serve on the classified council.
(2) Terms of the members are for two years and begin on the
first day of July of each odd-numbered year. Members are eligible
to succeed themselves.
(3) For the year two thousand four only, each president of an
administratively linked community and technical college shall
consult with the classified council during the month of July to
establish procedures and convene a meeting or otherwise institute
a balloting process to elect one classified employee from that
institution to serve on the classified council. Members so elected
take office upon election and serve until the next regularly
scheduled election held pursuant to this section; thereafter, classified employees elected to represent administratively linked
community and technical colleges serve a regular two-year term.
(c) The classified council shall meet at least once each
quarter and may meet at such other times as called by the
chairperson or by a majority of its members. One of the quarterly
meetings shall be during the month of July, at which meeting the
classified council shall elect a chairperson from among its
members. The chairperson may serve no more than two consecutive
terms as chairperson. A member may not vote by proxy at the
election. In the event of a tie in the last vote taken for the
election, a member authorized by the classified council shall
select the chairperson by lot from the names of those persons tied.
Immediately following the election of a chairperson, the classified
council shall elect, in the manner prescribed by this section for
the election of a chairperson, a member of the classified council
to preside over meetings in the absence of the chairperson. If the
chairperson vacates the position, the classified council shall meet
and elect a new chairperson to fill the unexpired term within
thirty days following the vacancy.
(d) The classified council, through its chairperson and in any
appropriate manner, shall communicate to the commission or the
council, as appropriate, matters of higher education in which the
classified employees have an interest.
(e) The commission and council each shall meet annually,
between the months of October and December, with the classified council to discuss matters of higher education in which the
classified employees or the commission or council have an interest.
(f) Members of the classified council serve without
compensation, but are entitled to reimbursement for actual and
necessary expenses, including travel expenses, incurred in the
performance of their official duties. Expenses are paid from funds
allocated to the state institution of higher education which the
member serves.
(g) The classified council shall prepare minutes of its
meetings. The minutes shall be available, upon request, to any
classified employee of a state institution of higher education
represented on the classified council.
§18B-6-6. Institutional classified employee council.
(a) There is continued at each institution of higher education
except West Virginia University, an institutional classified
employee advisory council to be known as the staff council.
(b) During the month of April of each odd-numbered year, each
president of a state institution of higher education,
except West
Virginia University at the direction of the staff council and in
accordance with procedures established by the staff council, shall
convene a meeting or otherwise institute a balloting process to
elect members of the staff council, except that for two thousand
four only, the election shall take place in July. Members are
elected as follows:
(1) Two classified employees from the administrative/ managerial sector;
(2) Two classified employees from the professional/nonteaching
sector;
(3) Two classified employees from the paraprofessional sector;
(4) Two classified employees from the secretarial/clerical
sector;
(5) Two classified employees from the physical plant/
maintenance sector;
(6) The classified employee who is elected to serve on the
advisory council of classified employees serves as an ex officio,
voting member of the staff council. This member shall report to
the staff council on meetings of the classified council and the
board of governors; and
(7) Classified employees at Marshall University
and West
Virginia University may elect five classified employees from each
of the five sectors to serve on the staff council.
(c) Members serve a term of two years, which term begins on
the first day of July of each odd-numbered year. Members of the
staff council are eligible to succeed themselves.
(d) Classified employees shall select one of their members to
serve as chairperson. All classified employees at the institution
are eligible to vote for the chairperson by any method approved by
a majority of their members. The chairperson is eligible to
succeed himself or herself.
(e) The staff council shall meet at least monthly or at the call of the chairperson. With appropriate notification to the
president of the institution, the chairperson may convene staff
council meetings for the purpose of sharing information and
discussing issues affecting the classified employees or the
efficient and effective operations of the institution.
(f) The president of the institution shall meet at least
quarterly with the staff council to discuss matters affecting
classified employees.
(g) The governing board of the institution shall meet at least
annually with the staff council to discuss matters affecting
classified employees and the effective and efficient management of
the institution.
§18B-6-6a. West Virginia University classified employee council.
(a) There is hereby continued at West Virginia University a
classified employee advisory council to be known as the staff
council.
(b) During the month of April of each odd-numbered year, the
president of West Virginia University, at the direction of the
staff council and in accordance with procedures established by the
staff council, shall convene a meeting or otherwise institute a
balloting process to elect members of the staff council.
Twenty-five members are elected as follows:
(1) Four employees classified as administrative/managerial
sector/exempt supervisory;
(2) Four employees classified as professional;
(3)Four employees classified as technical/ paraprofessional/
nonexempt supervisory;
(4) Four employees classified as clerical/secretarial;
(5)Four employees classified as skilled craft/maintenance/
operative; and
(6) Four employees classified as service.
(7) The classified employee who is elected to serve on the
West Virginia University board of governors serves as an ex
officio, voting member of the staff council. This member shall
report to the staff council on meetings of the board of governors.
(c) Terms of the members of the West Virginia University
classified employee council shall be established by the classified
employees of West Virginia University no later than the first day
of October, two thousand six.
(d) Classified employees shall select one of their members to
serve as chairperson. All classified employees at West Virginia
University are eligible to vote for the chairperson by a method
approved by a majority of their members.
(e) The West Virginia University classified council shall meet
at least monthly or at the call of the chairperson. With
appropriate notification to the president of West Virginia
University, the chairperson may convene West Virginia University
classified council meetings for the purpose of sharing information
and discussing issues affecting the classified employees or the
efficient and effective operations of the institution.
(f) The president of West Virginia University shall meet at
least quarterly with the West Virginia University classified
council to discuss matters affecting classified employees.
(g) The governing board of West Virginia University shall meet
at least annually with the West Virginia University classified
council to discuss matters affecting classified employees and the
effective and efficient management of West Virginia University.
(h) The West Virginia University classified employee council,
through its chair person and in any appropriate manner, shall
communicate to the commission matters of higher education in which
the classified employees have an interest.
(i) The commission shall meet annually, between the months of
October and December, with the West Virginia University classified
employee council to discuss matters of higher education in which
the classified employees have an interest.
(j) Members of the West Virginia University classified
employee council serve without compensation. Members are entitled
to reimbursement for actual and necessary expenses, including
travel expenses, incurred in the performance of their official
duties. Expenses are paid from funds allocated to West Virginia
University.
NOTE: The purpose of this bill is to remove West Virginia
University's representation from the state advisory councils of
students, faculty and classified employees. The bill establishes
stand alone advisory councils and provides for meetings of West
Virginia University advisory councils with the higher education
policy commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18B-6-3a, §18B-6-4a and §18B-6-6a are
new; therefore,
strike-throughs and underscoring have been omitted.
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