W. Va. Code R. § 85-14-4

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-14-4 - Meetings; Rules of Order; Selection of Vice-Chairperson
4.1. Meetings of the Board may be called by the chairperson, and the chairperson shall call a meeting upon the request of at least three (3) of the Members of the Board: Provided that, the Board 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 and Advisory Members and a reasonable number of public observers and participants.
4.2. The chairperson 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 shall notify the public and the news media by filing with the office of the Secretary of State a public notice of the meeting. The notice shall be filed in a manner so as to allow each notice to appear in the state register at least five days prior to the date of the meeting. The public notice shall contain the time, the place, and purpose of the meeting. A copy of the notice shall be delivered to the press room located in the Capitol Building.
4.4. The provisions of this section shall not apply in the event of an emergency requiring immediate official action by the Board. In the event of an emergency requiring immediate official action, the Board 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. A copy of the notice shall be delivered to the press room located in the Capitol Building.
4.5. Meetings may be continued to a set time and place by an affirmative vote of six (6) 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 Board.
4.7. The Board 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 of the Board.
4.8. Meetings of the Board shall be conducted in accordance with the most recent edition of Robert's Rules of Order.
4.9. The Members of the Board shall select from one of their number a member to serve as chairperson and 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 year; from October 1 to September 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 Members of the Board also shall select from one of their number a Member to serve as secretary. The term of the secretary shall be for one year; from October 1 to September 30; but the incumbent shall continue to serve until replaced. A vacancy may be filled by electing a new secretary for the remainder of a term. A Member may be reelected as secretary.
4.10. To allow more Members and Advisory Members of the Board to participate in public meetings and hearings the Board will allow Members and Advisory Members to participate using the telephone provided at least four Members of the Board are physically present in the room where the public meeting is being held, and the sound system in the room and the electronic equipment is such that the Members and Advisory Members participating electronically can hear what is being said by all Members and Advisory Members participating in the meeting and any person from the public making a presentation or answering questions of the Board, and all of the Members and Advisory Members and the public physically present in the meeting or hearing room can reasonably hear what is being said by the Member(s) and Advisory Member(s) who is participating electronically.
4.11. A Member participating telephonically in a meeting may vote for or against any motion offered by a Member that is seconded by another Member. The moving Member and the seconding Member may be physically present or be participating telephonically or be any combination thereof.
4.12. In an effort to achieve desired efficiencies, the Chairperson will endeavor to set the meetings of the full Board in the afternoon with any necessary subcommittee meetings to take place in the morning of the same day.

W. Va. Code R. § 85-14-4