H. B. 2854
(By Delegates Frich, Tansill, Marshall,
Trump and Houston)
[Introduced March 3, 2005; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8-21-3 of the Code of West Virginia,
1931, as amended, relating to municipalities generally; and
removing the limitation on the number of members a
municipality may appoint to a Board of Park and Recreation
Commission.
Be it enacted by the Legislature of West Virginia:
That §8-21-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 21. BOARD OF PARK AND RECREATION COMMISSIONERS.
§8-21-3. Members; quorum; qualifications; election or appointment;
terms; disqualification.
The Board shall consist of not less than three
nor more than
five members as may be provided by charter provision or ordinance,
a majority of whom shall constitute a quorum for the transaction of
business, except as hereinafter in this article provided. Each member of
said the Board must be a resident and freeholder of the
city. It may be provided either by charter provision or by
ordinance for the appointment of the members thereof by the
governing body, but unless and until such provision is made, the
members of the Board shall be elected by the qualified voters of
the city at appropriate regular municipal elections. Membership on
the governing body shall not disqualify any member for election to
the Board. If provision is made for the appointment of members as
aforesaid and the Board consists of three or four members, one
member of the governing body, if otherwise qualified, may be
appointed by the governing body, and if the Board consists of five
members not more than two members of the governing body so
qualified may be so appointed. The term of the Board membership of
any such member of the governing body so appointed shall continue
during his
or her term as a member of such governing body and until
his
or her successor is appointed or elected and qualified. The
terms of other appointed or of elected members shall be for six
years, and until their successors have been duly appointed or
elected and qualified:
Provided, That notwithstanding the fact
that there be no charter provision or ordinance for appointment of
the members of the Board, the governing body of the city shall
appoint the members of the first Board, such appointees to serve,
one for a term of six years, one for a term of four years, and one
for a term of two years. The date upon which the terms of
such the Board members shall begin shall be specified by ordinance. When
any member of the Board, during his
or her term of office, shall
cease to be a resident and freeholder of the city, he
or she shall
thereby be disqualified as a member of
said the Board and his
or
her office shall thereupon become vacant.
NOTE: The purpose of this bill is to remove the upper
limitation on the number of members a municipality may appoint to
a Board of Park and Recreation Commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.