W. Va. Code R. § 85-13-4

Current through Register Vol. XLI, No. 49, December 6, 2024
Section 85-13-4 - Meetings; Rules of Order; Selection of Vice-Chairperson
4.1. Meetings of the Council may be called by the Chairperson, and the Chairperson shall call a meeting upon the request of at least three (3) Members: Provided, That the Council must meet no less frequently than once every three (3) months. All meetings shall be held at locations and in facilities large enough to comfortably accommodate Members, Advisory Members and a reasonable number of public observers and participants. The Chairperson may elect to hold meetings in-person or virtually via videoconferencing or teleconferencing, or by a combination thereof, but is not required to permit virtual attendance options. The Chairperson may allow virtual public participation at his or her discretion.
4.2. The Chairperson, or his or her designee, shall notify Members and Advisory Members in writing at least seven (7) days in advance of a meeting. The notice shall set forth the time and place of such meeting and the matters to be considered, except that such notice is not required if the time, the place, and the matters for consideration have been fixed in a meeting where all the Members and Advisory Members are present.
4.3. The Chairperson, or his or her designee, shall notify the public and the news media by filing with the office of the Secretary of State an electronic public notice of the meeting. The notice shall be filed in a manner so as to allow each notice to appear on the Secretary of State's website at least five (5) business days prior to the date of the meeting. The public notice shall contain the time, the place, and purpose of the meeting. The Commissioner shall also post public notice of the meeting in an easily identifiable place on his or her public website.
4.4. The provisions of sections 4.1, 4.2 and 4.3 of this rule shall not apply in the event of an emergency requiring immediate official action by the Council. In the event of an emergency requiring immediate official action, the Council may file an emergency meeting notice at any time prior to the meeting. The emergency meeting notice shall state the time, place, and purpose of the meeting and the facts and circumstances of the emergency. The Commissioner shall also post public notice of an emergency meeting in an easily identifiable place on his or her public website as soon as reasonably practical prior to the meeting.
4.5. Meetings may be continued to a set time and place by an affirmative vote of three (3) Members without further notice to the Members and Advisory Members and without further publication unless such continued meeting is scheduled for more than fourteen (14) days from the date of the voting.
4.6. All Members and Advisory Members present at a meeting shall have the same right to participate in discussion of matters before the Council.
4.7. The Council shall consider any matter brought before it by the Chairperson or any Member or Advisory Member and may consider, at its discretion, any matter referred to it by a person not a Member or Advisory Member.
4.8. Meetings of the Council shall be conducted in accordance with the most recent edition of Robert's Rules of Order.
4.9. Members shall select a Member to serve as Chairperson and another Member to serve as Vice-Chairperson. The Vice-Chairperson shall preside in the absence of the Chairperson. The terms of the Chairperson and Vice-Chairperson shall be for one (1) year, from July 1 to June 30, but the incumbent shall continue to serve until replaced. A vacancy may be filled by electing a new Chairperson or Vice-Chairperson for the remainder of a term. A Member may be reelected as Chairperson or Vice-Chairperson. The Commissioner, or his or her designee, shall serve as secretary of the Council.
4.10. A Member participating virtually in a meeting, whether through teleconferencing or videoconferencing, may vote for or against any motion offered by a Member that is seconded by another Member.
4.11. In an effort to achieve desired efficiencies, the Chairperson will endeavor to set the meetings of the full Council on the same day with any necessary subcommittee meetings.

W. Va. Code R. § 85-13-4