H. B. 4638
(By Mr. Speaker, (Mr. Kiss), (By Request))
[Introduced February 20, 2006; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §8-33-3 of the Code of West Virginia,
1931, as amended, relating to permitting a member of a county
building commission to hold office or employment with the
United States of America, the State of West Virginia, any
county or political subdivision thereof, or any political
party, so long as that member recuse himself or herself from
voting on any matter in which that member might have a
personal or financial interest.
Be it enacted by the Legislature of West Virginia:
That §8-33-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 33. INTERGOVERNMENTAL RELATIONS -- BUILDING COMMISSIONS.
§8-33-3. Authority vested in board; composition of board;
appointment; qualifications and terms of members;
vacancies; reimbursement of expenses.
All property, powers and duties and the management and control
of each commission shall be vested in a board consisting of representatives appointed by the governmental body or bodies
creating and establishing such commission. In the case of a
municipal building commission or a county building commission such
board shall consist of not less than three nor more than five
members and in the case of a municipal-county building commission
each participating municipality shall appoint two members and each
participating county shall appoint three members. All members of
any board shall be appointed for terms of five years. Prior to
making the initial appointments to the board, the governmental body
or bodies shall make such initial appointments so that
approximately one fifth of the total number of members of the board
shall be appointed for a term of one year, approximately one fifth
of the total number of members of the board shall be appointed for
a term of two years, approximately one fifth of the total number of
members of the board shall be appointed for a term of three years,
approximately one fifth of the total number of members of the board
shall be appointed for a term of four years, and approximately one
fifth of the total number of members of the board shall be
appointed for a term of five years. As the term of each such
initial appointee expires the successor to fill the vacancy created
by such expired term shall be appointed for a term of five years.
The ordinance or order creating a building commission may
provide for the manner of appointments to the membership of such
commission by the governmental body creating such commission,
which, in the case of a county, shall be the county commission or
other tribunal in lieu thereof and, in the case of a municipality, shall be the governing body thereof.
If any member of any board die, resign or for any reason cease
to be a member of the board, the governmental body which such
member represented shall appoint another individual to fill the
unexpired portion of the term of such member. No more than two
thirds of the total number of members of the board of each
commission shall be from the same political party.
and no A
member of any
such board building commission shall may hold
any
office
(other than the office of notary public) or employment under
the United States of America, the State of West Virginia, any
county or political subdivision thereof, or any political party
so
long as that member recuse himself or herself from considering or
voting on any matter in which that member might have a personal or
financial interest. All members of any board shall be residents of
the municipality or county for which appointed. No member of any
board shall receive any compensation for his
or her services as
such, but each member shall be reimbursed by the commission for any
reasonable and necessary expenses actually incurred in the
discharge of his
or her duties as a member of the board.
NOTE: The purpose of this bill is to permit a member of a
county building commission to be employed by federal, state or
local government so long as that member recuse himself or herself
from voting on any matter in which that member might have a
personal or financial interest.
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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