Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-3-2 - Meetings2.1. As required by W. Va. Code §18-2-3, the WVBE shall hold at least six meetings in every year at such times and places as it may prescribe. It may meet at such other times as may be necessary, such meetings to be held upon its own resolution or at the call of the president of the WVBE. Regular meetings will be held on the second Wednesday of each month unless the WVBE or its president choose to meet on an alternate day.2.2. Special meetings may be held at such other times as may be necessary, as determined by the WVBE and/or its president.2.3. Emergency meetings, as that term is defined by W. Va. Code §6-9A-2(2), may be held, as determined by the WVBE and/or its president.2.4. At its first regular meeting at the beginning of every fiscal year the WVBE shall elect one of its members as president, who may serve an unlimited number of terms, but no more than two consecutive terms, and one as vice president who may serve an unlimited number of terms.2.5. The WVBE shall appoint a secretary who shall keep a record of the proceedings of the WVBE and shall perform such other duties as it may prescribe.2.6. The president shall preside at all WVBE meetings at which he or she is present and control debate and discussion. If the president is absent from a meeting, the vice-president shall preside. In the absence of the vice-president, another member may be designated by the president to preside over the meeting.2.7. All members, including the president and vice president, may make and second motions on all matters before the WVBE at a meeting. Any motion not receiving a second shall die.2.8. A majority of the WVBE shall constitute a quorum at any meeting for the transaction of business.2.9. The secretary of the WVBE shall electronically file a notice of each of the WVBE's regular and special meetings with the Secretary of State for publication on the Secretary of State's website and shall place each notice on the West Virginia Department of Education's (WVDE) website. Each notice shall contain the date, time, place, and purpose of the meeting and shall be filed or placed in a manner to allow each notice to appear on the Secretary of State's website and the WVDE's website at least five business days prior to the date of the meeting.2.10. The secretary of the WVBE shall electronically file a notice of an emergency meeting with the Secretary of State and place a notice on the WVDE's website as soon as practicable prior to the meeting. The emergency meeting notice shall state the date, time, place, and purpose of the meeting and the facts and circumstances of the emergency.2.11. All meetings of the WVBE are open to the public except as otherwise provided in W. Va. Code §6-9A-4.2.12. Upon a majority vote of the members present at any meeting, the WVBE may go into executive session and exclude the public to discuss any agenda item that fits within the exceptions provided in W. Va. Code §6-9A-4. Any action taken as a result of a discussion in executive session must be taken in open session except that the WVBE may vote in executive session to give its attorney settlement authority for threatened or pending claims against the WVBE. Provided that, pursuant to W. Va. Code §6-9A-4(b)(11), if a settlement is reached, then the terms of the settlement agreement shall be reported by the WVBE at an open meeting and entered into its meeting minutes within a reasonable time after the settlement is concluded.2.13. Video and/or audio of open WVBE meetings shall be live-streamed, recorded, and posted to the WVDE's website within five business days of the meeting. The recording shall remain available to the public for five years following the recording date. Directions for accessing the live stream shall be made available to the public on the WVDE's website and on the WVBE's agendas.2.14. A member of the public who disrupts a WVBE meeting, to the extent that the orderly conduct of the meeting is compromised, may be removed from a meeting at the discretion of the WVBE and/or its president.