Current through Register Vol. XLI, No. 50, December 13, 2024
Section 159-1-3 - Commission3.1. Powers. The Commission shall have such duties and responsibilities as provided for in Article 5, Chapter 5 of the West Virginia Code, 1931, as amended.3.2. Membership, Number, Term of Office and Compensation. The Commission membership shall consist of the Governor, Attorney General, Treasurer and four additional members to be appointed by the Governor, by and with the advice and consent of the Senate. The Secretary of State shall be a member of the Commission, but shall not have the right to vote upon matters before the Commission. All members shall be citizens and residents of West Virginia. No more than three of the members appointed by the Governor shall be members of the same political party, nor be members or employees of the executive, legislative or judicial branches of government of West Virginia or any political subdivision thereof. The terms of office for members appointed by the Governor shall be for one, two, three and four years respectively. Members of the Commission shall be paid or reimbursed for their necessary expenses incurred in the performance of their duties, but shall receive no compensation for their services as members or officers of the Commission, except that members appointed by the Governor shall, in addition to reimbursement for necessary expenses, receive a per diam of thirty-five dollars ($35.00) for each day or substantial portion thereof engaged in the work of the Commission.3.3. Quorum. Four members of the Commission, or their designated alternates, shall constitute a quorum, and the affirmative vote of a majority of the members shall be necessary for any action taken by vote of the Commission.3.4. Designated Alternates. Members who must absent themselves from a meeting or other functions of the Commission may designate in writing an alternate, who shall not be a member of the Commission, to the Chairman. The designated alternate shall have the proxy of that member, and shall have the full authority to participate and vote at meetings and other actions of the Commission in the stead of that member.3.5. Meetings. (a) The Commission shall meet at least annually. Special Meetings of the Commission may be called at any time by the Chairman, the Executive Director or any two members of the Commission. The Secretary of the Commission shall give notice to each member of the Commission of each special meeting by mailing a notice at least two (2) calendar days before the meeting or by delivering the same on the day before the meeting, but such notice may be waived by any member of the Commission. Notices shall be considered waived if a Commission member shall attend in person, or if each Commission member shall file with the records of the meeting, either before or after the holding of the meeting, a written waiver of notice. Attendance shall not constitute a waiver of notice if a Commission member attends for the express purpose of objecting to the transaction of business at a meeting because it is not lawfully called or convened. Unless otherwise indicated in the notice thereof, any and all business may be transacted at a special meeting.(b) Any document to be voted upon at a regular meeting of the Commission shall be mailed to each member not less than ten (10) calendar days prior to the meeting. Documents to be voted upon at a special meeting of the Commission shall be mailed with the notice of the meeting. Failure to mail documents as provided in this subsection may be waived upon vote of the members present.3.6. Adjournment of Meetings. Any regular meeting of the Commission may be adjourned without further notice to such date, hour and place as may be determined by the Commission at such meeting. In the event that a quorum is not present at such meeting and cannot be obtained within a reasonable time, such regular or special meeting shall be adjourned to such date, hour and place as shall then be determined and announced by the Chairman and notice of such adjourned meeting shall be given to those members not present.3.7. Manner of Voting. The voting on all questions at meetings of the Commission shall be by voice vote and the ayes and nayes shall be entered upon the minutes of such meeting.3.8. Passage of Resolutions. Any action taken by the Commission may be authorized by resolution approved by the affirmative vote of at least a majority of the Commission members.3.9. Procedure at Meetings. At all regular and special meetings of the Commission the following shall be the order of business:(b) Approval of minutes of previous meeting(d) Report of Executive Director(h) AdjournmentIn all other respects not otherwise provided for in these By-Laws, Robert's Rules of Order shall govern the conduct of all meetings of the Board.
3.10. Journal. All final action of the Commission shall be journalized, and such journal shall be open to the inspection of the public at all reasonable times.3.11. Open Meetings and Public Notice of Meetings. All meetings of the Commission shall be open to the public, as provided in Article 9A, Chapter 6 of the West Virginia Code, 1931, as amended. Notice of the time and place of regularly scheduled meetings of the Commission, and the time, place and purpose of all special meetings of the Commission, shall be made available, in advance, to the public and news media as follows:A. A notice shall be posted by the Secretary of the Commission at the front door of the place fixed for regular meetings of the Commission of the time and place fixed and entered or recorded by the Commission for the holding of regularly scheduled meeting is canceled or postponed, a notice of such cancellation or postponement shall be posted at the front door of the meeting place as soon as feasible after such cancellation or postponement has been determined.B. A notice shall be posted by the Secretary of the Commission at the front door of the place fixed for regular meetings of the Commission at least 48 hours before a special meeting is to be held, stating the time, place and purpose for which such special meeting is canceled, a notice of such cancellation shall be posted at the front door of the meeting place as soon as feasible after such cancellation has been determined.C. Notice of the time, place and purpose of all meetings of the Commission shall be filed with the Secretary of State for publication in the State Register in the manner to allow each notice to appear in the State Register at least five calendar days prior to the date of such meeting.