WEST virginia legislature
2021 regular session
Introduced
House Bill 2297
By Delegate Foster
[Introduced February 11, 2021; Referred to the Committee on Political Subdivisions then Government Organization]
A BILL to amend and reenact §7-11-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-12-3 and §7-12-3a of said code; and to amend and reenact §8A-2-3 of said code, all relating to limiting the maximum number of appointees to certain county and municipal bodies; and imposing quorum requirements on certain county and municipal bodies.
Be it enacted by the Legislature of West Virginia:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 11. COUNTY PARKS AND RECREATION COMMISSIONS.
§7-11-3. Number of members; quorum; qualifications; appointment; term; disqualifications.
The commission shall
consist of eleven at least five but not more than nine members, a
majority of whom shall constitute a quorum for the transaction of business: Provided,
That the commission may not transact any business unless a majority of members
are contemporaneously present at a commission meeting. Each member of said
the commission shall be a bona fide resident of the county and shall own
real estate within such that county. The term of the commission
members shall be for three years and until their successors have been appointed
and have qualified: Provided, That the county court in
appointing the members of the first commission shall appoint three members for
a term of one year; four members for a term of two years and four members for a
term of three years Provided, That the county court shall
have until January 1, 2022, to reduce the number of members to between five and
nine members. The order of the county court shall fix the date on
which the term of such the commission members shall begin. The
members of any board of park and recreation commissioners heretofore created
under the former provisions of this article shall continue in office as members
of the parks and recreation commission of such the county until
their terms expire and their successors have been appointed and have qualified.
Any member of the commission who shall cease to be a bona fide resident of the
county or a freeholder thereof, shall thereby be disqualified as a member of such
the said commission and his or her office shall become vacant.
When a vacancy occurs on said the commission by reason of death,
resignation, change of residence from the county, failure to remain a
freeholder of the county, or expiration of term, the county court shall appoint
a successor or successors to fill out the unexpired term of the member of the
commission whose term has been vacated.
ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.
§7-12-3. Management and control of county authority vested in board; appointment and terms of members; vacancies; removal of members; quorum requirements.
The management and control
of a county authority, its property, operations, business, and affairs shall be
lodged in a board of not fewer than twelve nor more than twenty-one five
nor more than nine persons who shall be appointed by the county commission
and be known as members of the authority: Provided, That
members appointed to the board prior to July 1, 2017, shall be permitted to complete
their term of appointment even if the board’s membership exceeds nine members.
The county commission shall appoint one member to represent the county
commission on the board and, for each municipality located within the county,
the county commission shall appoint one member to represent the municipality.
The city and town council of each municipality located within the county shall
submit to the county commission the names of three persons, one of whom the
county commission shall appoint to be the municipality's representative on the
board. Other members of the board shall be appointed by the county commission
and shall include representatives of business, industry, and labor. The members
of the authority first appointed shall serve respectively for terms of one
year, two years and three years, divided equally or as nearly equal as possible
between these terms. Thereafter, members shall be appointed for terms of three
years each. A member may be reappointed for such additional term or terms as
the county commission may deem consider proper. If a member
resigns, is removed or for any other reason his or her membership
terminates during his or her term of office, a successor shall be
appointed by the county commission to fill out the remainder of his or her
term. Members in office at the expiration of their respective terms shall
continue to serve until their successors have been appointed and have
qualified. The county commission may at any time remove any member of the board
by an order duly entered of record and may appoint a successor member for any
member so removed.
Other persons, firms,
unincorporated associations, and corporations, who reside, maintain offices, or
have economic interests as the case may be in the county, shall be
eligible to participate in and request the county commission to appoint members
to the development authority as the said authority shall by its bylaws provide.
County boards authorized under this section may not transact any business unless a majority of members are contemporaneously present at a board meeting. This quorum requirement may not be amended by the board’s bylaws.
§7-12-3a. Management and control of municipal authority vested in board; appointment and terms of members; vacancies; removal of members; quorum requirements.
The
management and control of a municipal authority, its property, operations, business, and affairs shall be lodged in a board of not fewer
than twelve nor more than twenty-one five nor more than nine
persons who shall be appointed by the governing body and be known as members of
the authority: Provided, That members appointed to the board
prior to July 1, 2020, shall be permitted to complete their term of appointment
even if the board’s membership exceeds nine members. One member of the
authority shall also be a member of the governing body appointed to represent
it on the board. Other members shall be appointed by the governing body and
shall include representatives of business, industry, and labor. The members of
the authority first appointed shall serve respectively for terms of one year,
two years and three years, divided equally or as nearly equal as possible
between these terms. Thereafter, members shall be appointed for terms of three
years each. A member may be reappointed for such additional term or terms as
the appointing agency may deem proper. If a member resigns, is removed or for
any other reason his or her membership terminates during his or her
term of office, a successor shall be appointed by the appointing agency to fill
out the remainder of his or her term. Members in office at the
expiration of their respective terms shall continue to serve until their
successors have been appointed and have qualified. The appointing agency may at
any time remove its appointed member of the authority by an order duly entered
of record or by other action appropriate for such appointing agency and may
appoint a successor member for any member so removed.
In addition to the
appointing agencies hereinbefore named, such other persons, firms,
unincorporated associations, and corporations, who reside, maintain offices, or
have economic interests, as the case may be, in the municipality, are
eligible to participate in and request the governing body to appoint members to
the development authority as the said authority by its bylaws provides.
Municipal boards authorized under this section may not transact any business unless a majority of members are contemporaneously present at a board meeting. This quorum requirement may not be amended by the board’s bylaws.
CHAPTER 8A. LAND USE PLANNING.
ARTICLE 2. PLANNING COMMISSIONS.
§8A-2-3. Municipal planning commission.
(a) A municipal planning commission in a Class I, II or III
city shall have not less than five
nor more than fifteen nine members, the exact number to be
specified in the ordinance creating the planning commission. A municipal
planning commission in a Class IV town or village shall have not less than
three nor more than nine members, the exact number to be specified in the
ordinance creating the planning commission.
(b) The members of a
municipal planning commission must shall be:
(1) Residents of the municipality; and
(2) Qualified by knowledge and experience in matters pertaining to the development of the municipality.
(c) At least three fifths
of all of the members must shall have been residents of the municipality
for at least three years prior to nomination or appointment and confirmation.
(d) The members of a
municipal planning commission must shall fairly represent different
areas of interest, knowledge, and expertise, including, but not limited to,
business, industry, labor, government, and other relevant disciplines. One
member must shall be a member of the municipal governing body or a
designee and one member must shall be a member of the administrative
department of the municipality or a designee. The term of membership for these
two members is the same as their term of office.
(e) The Legislature finds
that there are persons willing to serve on planning commissions who may also
own interests in businesses that regularly conduct business in front of or with
planning commission staff. Such These persons may have experience
and expertise which would be valuable assets to a planning commission. For
those reasons, notwithstanding any other provisions in this code to the
contrary, any person employed by, owning an interest in or otherwise associated
with a business that regularly conducts business in front of or with planning
commission staff may also serve as a member of a planning commission and shall
may not be disqualified from serving as a member because of a conflict
of interest as defined in §61-10-15 of this code and shall may be
subject to prosecution under provisions of that chapter when the violation is
created solely as a result of his or her relationship with the business. This
member must shall recuse himself or herself from any vote, discussion, participation,
or other activity regarding the conflicting issue.
(f) The Legislature finds
that there are persons willing to serve on planning commissions who may also
own interests in businesses who regularly conduct business in front of or with
planning commission staff. Such These persons may have
experience and expertise which would be valuable assets to a planning
commission. For those reasons, notwithstanding any other provisions in this
code to the contrary, any person employed by, owning an interest in or
otherwise associated with a business that regularly conducts business in front
of or with planning commission staff may also serve as a member of a planning
commission and shall may be in violation of subsection §6B-2-5(g)
of this code if the member recuses himself or herself from any vote,
discussion, participation or other activity regarding the conflicting issue: Provided,
That such these members do not constitute a majority of the
members of the planning commission at the same time.
(g) The remaining members of the municipal planning commission first selected shall serve respectively for terms of one year, two years and three years, divided equally or as nearly equally as possible between these terms. Thereafter, members shall serve three-year terms. Vacancies shall be filled for the unexpired term and made in the same manner as original selections were made: Provided, That members appointed to the commission prior to July 1, 2020, shall be permitted to complete their term of appointment even if the commission’s membership exceeds nine members.
(h) The members of a municipal planning commission shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(i) Nominations for municipal planning commission membership shall be made by the administrative authority and confirmed by the governing body when the administrative authority and the governing body are separate, or appointed and confirmed by the governing body where the administrative authority and governing body are the same.
(j) An individual may serve as a member of a municipal planning commission, a county planning commission, a multicounty planning commission, a regional planning commission or a joint planning commission, at the same time.
(k) The governing body of
the municipality may establish procedures for the removal of members of the
planning commission for inactivity, neglect of duty or malfeasance. The
procedures must shall contain provisions requiring that the
person to be removed be provided with a written statement of the reasons for
removal and an opportunity to be heard on the matter.
(l) The planning commission may not transact any business unless a majority of members are contemporaneously present at a commission meeting. This quorum requirement may not be amended by the commission’s bylaws.
NOTE: The purpose of this bill is to impose limits on the number of appointees to certain county and municipal bodies; and impose quorum requirements on certain county and municipal bodies.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.