ENROLLED
Senate Bill No. 86
(By Senators Holliday and Boley)
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[Passed March 12, 1994; to take effect July 1, 1994.]
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AN ACT to amend and reenact sections one and eleven, article two,
chapter six-b of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
continuation of the West Virginia ethics commission; and
changing compensation and expense reimbursement of
commission members.
Be it enacted by the Legislature of West Virginia:
That sections one and eleven, article two, chapter six-b of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND
EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES.
§6B-2-1. West Virginia ethics commission created; members;
appointment, term of office and oath; compensation and
reimbursement for expenses; meetings and quorum.
(a) There is hereby created the West Virginia ethicscommission, consisting of twelve members, no more than seven of
whom shall be members of the same political party. The members
of the commission shall be appointed by the governor with the
advice and consent of the Senate. Within thirty days of the
effective date of this section, the governor shall make the
initial appointments to the commission. No person may be
appointed to the commission or continue to serve as a member of
the commission who holds elected or appointed office under the
government of the United States, the state of West Virginia or
any of its political subdivisions, or who is a candidate for any
of such offices, or who is otherwise subject to the provisions of
this chapter other than by reason of his or her appointment to or
service on the commission. A member may contribute to a
political campaign, but no member shall hold any political party
office or participate in a campaign relating to a referendum or
other ballot issue.
(b) At least two members of the commission shall have served
as a member of the West Virginia Legislature; at least two
members of the commission shall have been employed in a full-time
elected or appointed office in state government; at least one
member shall have served as an elected official in a county or
municipal government or on a county school board; at least one
member shall have been employed full time as a county or
municipal officer or employee; and at least two members shall
have served part time as a member or director of a state, county
or municipal board, commission or public service district and atleast four members shall be selected from the public at large.
No more than four members of the commission shall reside in the
same congressional district.
(c) Of the initial appointments made to the commission, two
shall be for a term ending one year after the effective date of
this section, two for a term ending two years after the effective
date of this section, two for a term ending three years after the
effective date of this section, three for a term ending four
years after the effective date of this section and three shall be
for terms ending five years after the effective date of this
section. Thereafter, terms of office shall be for five years,
each term ending on the same day of the same month of the year as
did the term which it succeeds. Each member shall hold office
from the date of his or her appointment until the end of the term
for which he or she was appointed or until his or her successor
qualifies for office. When a vacancy occurs as a result of
death, resignation or removal in the membership of this
commission, it shall be filled by appointment within thirty days
of the vacancy for the unexpired portion of the term in the same
manner as original appointments. No member shall serve more than
two consecutive full or partial terms and no person may be
reappointed to the commission until at least two years have
elapsed after the completion of a second successive term.
(d) Each member of the commission shall take and subscribe
to the oath or affirmation required pursuant to section 5,
article IV of the constitution of West Virginia. A member may beremoved by the governor for substantial neglect of duty, gross
misconduct in office or violation of this chapter, after written
notice and opportunity for reply.
(e) The commission shall meet within thirty days of the
initial appointments to the commission at a time and place to be
determined by the governor, who shall designate a member to
preside at that meeting until a chairman is elected. At its
first meeting, the commission shall elect a chairman and such
other officers as are necessary. The commission shall within
ninety days after its first meeting adopt rules for its
procedures.
(f) Seven members of the commission shall constitute a
quorum, except that when the commission is sitting as a hearing
board pursuant to section four of this article, then five members
shall constitute a quorum. Except as may be otherwise provided
in this article, a majority of the total membership shall be
necessary to act at all times.
(g) Members of the commission shall receive the same
compensation and expense reimbursement as is paid to members of
the Legislature for their interim duties as recommended by the
citizens legislative compensation commission and authorized by
law for each day or portion thereof engaged in the discharge of
official duties.
(h) The commission shall appoint an executive director to
assist the commission in carrying out its functions in accordance
with commission rules and regulations and with applicable law.Said executive director shall be paid such salary as may be fixed
by the commission or as otherwise provided by law. The
commission shall appoint and discharge counsel and employees and
shall fix the compensation of employees and prescribe their
duties. Counsel to the commission shall advise the commission on
all legal matters and on the instruction of the commission may
commence such civil actions as may be appropriate:
Provided,
That no counsel shall both advise the commission and act in a
representative capacity in any proceeding.
(i) The commission may delegate authority to the chairman or
executive director to act in the name of the commission between
meetings of the commission, except that the commission shall not
delegate the power to hold hearings and determine violations to
the chairman or executive director.
(j) The chairman shall have the authority to designate
subcommittees of three persons, no more than two of whom may be
members of the same political party. Said subcommittees shall be
investigative panels which shall have the powers and duties set
forth hereinafter in this article.
(k) The principal office of the commission shall be in the
seat of government but it or its designated subcommittees may
meet and exercise its power at any other place in the state.
Meetings of the commission shall be public unless such meetings
or hearings are required to be private in conformity with the
provisions of this chapter relating to confidentiality, except
that the commission shall exclude the public from attendance atdiscussions of commission personnel, planned or ongoing
litigation and planned or ongoing investigations.
(l) Meetings of the commission shall be upon the call of the
chairman and shall be conducted by the personal attendance of the
commission members and no meeting shall be conducted by
telephonic or other electronic conferencing, nor shall any member
be allowed to vote by proxy:
Provided,
That telephone
conferencing and voting may be held for the purpose of approving
or rejecting any proposed advisory opinions prepared by the
commission, or for voting on issues involving the administrative
functions of the commission. Meetings held by telephone
conferencing shall require notice to members in the same manner
as meetings to be personally attended, shall be electronically
recorded and the recordings shall be made a permanent part of the
commission records. Members shall not be compensated for
meetings other than those personally attended.
§6B-2-11. Continuation of commission.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia ethics commission shall continue to
exist until the first day of July, two thousand.
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