Current through Register Vol. XLI, No. 50, December 13, 2024
Section 188-1-3 - Commission3.1. Powers. -- The Commission shall have such duties and responsibilities as provided for in W. Va. Code §4-8, as amended. The Commission shall see that all state agencies are annually notified, by any means it feels expedient, of their statutory responsibility to submit projects to the Commission before work is started. The Commission shall adopt policies, rules, etc. regarding the types of projects which fall under the Commission's jurisdiction, and it shall notify state agencies of such policies, rules, etc. as well as the necessary procedures for submitting projects and the like.3.2. Membership, Number, Term of Office and Compensation. -- The Commission membership shall consist of five (5) members to be appointed by the Governor, by and with the advice and consent of the Senate. The Secretary of the Department of Administration shall be a non-voting member of the Commission.No more than three (3) of the members shall be members of the same political party. One (1) member shall be an architect selected from three (3) persons recommended by the Board of Architects, one (1) member shall be a registered professional engineer selected from three (3) persons recommended by the Board of Registration for Professional Engineers, one (1) member shall be the Commissioner of the Division of Culture and History, who shall be the Chairman of the Commission, and two (2) members shall be selected from the public at large. The terms of office for members appointed by the Governor shall be for four (4) years and members may be reappointed at the expiration of their terms. As prescribed by the provisions of WV Code § 6-5-2, the term of every member of the commission shall continue (unless the office be vacated by death, resignation, removal from office, or otherwise) until his successor is appointed, and shall have qualified.
Members shall serve without compensation, but shall be entitled to reimbursement for such necessary travel expenses, subsistence and other reasonable expenses as may be actually incurred by them in the performance of their duties. Such expenses shall be paid by the joint committee on government and finance.
3.3. Quorum. -- Three (3) 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. Vacancies. -- In the case of a vacancy on the Commission, such vacancy shall be filled by appointment of the Governor, by and with the advice and consent of the Senate. Any member appointed to fill a vacancy occurring prior to the expiration of a term shall serve for the remainder of said term. No vacancy in the membership of the Commission shall impair the rights of a quorum to exercise all the rights and perform all of the duties of the Commission.3.5. Meetings. - The Commission shall meet at least quarterly. Meetings of the Commission may be called at any time by the Chairman or any two (2) members of the Commission. The Commission shall have the right to set a regular meeting schedule or to delegate such authority to the Chairman. The secretary of the Commission shall give notice to each member of the Commission of each regular meeting and each special meeting by mailing a notice at least two (2) days 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.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 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, unless otherwise ordered by the Commission:3.9.2. Approval of minutes of previous meeting3.9.3. Report of Chairman3.9.4. Unfinished Business3.9.7. AdjournmentIn all other respects not otherwise provided for in these By-Laws, the current edition of Robert's Rules of Order Newly Revised shall govern the conduct of all meetings of the Board. If expedient, the commission may adopt any or all of the special rules of order and procedures contained in Robert's Rules of Order Newly Revised regarding the conduct of meetings of "small boards."
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 public, as provided in W. Va. Code §6-9A, 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:3.11.1. 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 meetings. If a particular 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.3.11.2. 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 forty eight (48) hours before a special meeting is to be held, stating the time, place and purpose for which such special meeting shall be held. If the special meeting is canceled, a notice of such cancellation shall be posted by the front door of the meeting place as soon as feasible after such cancellation has been determined.3.11.3. 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 (5) days prior to the date of such meeting. If the meeting is an emergency meeting, notice shall be filed with the Secretary of State as soon as is possible, and every attempt shall be made to alert the public of the emergency meeting.3.12. State ADA Coordinator. -- The Chairman or Vice-Chairman shall see that the state Americans With Disabilities Act Coordinator, or such successor officer, is officially invited to attend, and participate in the discussion of, all meetings.