Current through Register Vol. XLI, No. 50, December 13, 2024
Section 178-3-2 - Meetings2.1. As required by West Virginia Code § 19-23-4(d), the West Virginia Racing Commission shall hold an annual meeting at its principal office at the seat of government in the month of January at which time it shall elect from its membership a chairman. In addition, regular meetings of the Commission may be held on the third Tuesday of each month at a time and location determined by the chairman and identified in the notice for the meeting. Provided, however, that the chairman may, upon due notice to the public, change the time, date and location of the Commission's regular meetings.2.2. Special meetings may be held at such other times as may be necessary, as determined by the Commission and/or its chairman.2.3. Emergency meetings, as that term is defined by West Virginia Code § 6-9A-2(2), may be held, as determined by the Commission and/or its chairman.2.4. The chairman shall preside at all meetings at which he or she is present. If the chairman is absent from a meeting, another member may be designated to act as chairman pro tem and preside over the meeting.2.5. The chairman or the chairman pro tem may make and second motions and may vote on all matters before the Commission at a meeting.2.6. A majority of the Commission shall constitute a quorum at any meeting for the transaction of business.2.7. The Executive Director of the Racing Commission shall electronically file a notice of each of the Commission's annual, 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 Commission's 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 Commission's website at least five business days prior to the date of the meeting.2.8. The Executive Director of the Racing Commission shall electronically file a notice of an emergency meeting with the Secretary of State and place a notice on the Commission'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.2.9. All meetings of the Commission are open to the public except as otherwise provided in West Virginia Code § 6-9A-4. 2.10. Upon a majority vote of the members present at any meeting, the Commission may go into executive session and exclude the public to discuss any agenda item that fits within the exceptions provided in West Virginia 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 Commission may vote in executive session to give its attorney settlement authority for threatened or pending claims against the Commission. Provided that, pursuant to West Virginia Code § 6-9A-4(b)(11), if a settlement is reached, then the terms of the settlement agreement shall be reported by the Commission at an open meeting and entered into its meeting minutes within a reasonable time after the settlement is concluded.2.11. Open meetings of the Commission shall be recorded using audio recording equipment. Copies of such audio recordings shall be available to the public within a reasonable time after the meetings.2.12. A member of the public who disrupts a Commission meeting to the extent that the orderly conduct of the meeting is compromised, may be removed from a meeting in the discretion of the chairman.