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(a)
Effective the thirtieth day of June, two thousand one, the
institutional boards of advisors at Bluefield state
college, Concord college, eastern West Virginia community
and technical college, Fairmont state college, Glenville
state college, Marshall university, Shepherd college,
southern West Virginia community and technical college,
West Liberty state college, West Virginia northern
community and technical college, the West Virginia school
of osteopathic medicine, West Virginia state college and
West Virginia university are abolished.
(b)
Effective the first day of July, two thousand one, a board
of governors is established at each of the following
institutions: Bluefield state college, Concord college,
eastern West Virginia community and technical college,
Fairmont state college, Glenville state college, Marshall
university, Shepherd college, southern West Virginia
community and technical college, West Liberty state
college, West Virginia northern community and technical
college, the West Virginia school of osteopathic medicine,
West Virginia state college and West Virginia university.
Each board of governors shall consist of twelve
persons: Provided, That the institutional
boards of governors for Marshall university and West
Virginia university shall consist of fifteen persons.
Each board of governors shall include:
(1)
A full-time member of the faculty with the rank of
instructor or above duly elected by the the faculty;
(2)
A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the
student body;
(3)
A member from the institutional classified employees duly
elected by the classified employees; and
(4)
Nine lay members appointed by the governor by and with the
advice and consent of the Senate pursuant to section
one-a, article six of this chapter: Provided,
That for the institutional boards of governors at Marshall
university and West Virginia university, twelve lay
members shall be appointed by the governor by and with the
advice and consent of the Senate pursuant to section
one-a, article six of this chapter: Provided, however,
That of the appointed lay members, the governor shall
appoint one superintendent of a county board of education
from the area served by the institution: Provided
further, That in making the initial appointments to
the institutional boards of governors, the governor shall
appoint, except in the case of death, resignation or
failure to be confirmed by the Senate, those persons who
are lay members of the institutional boards of advisors
for those institutions named in subsection (a) on the
thirtieth day of June, two thousand one, and appointed
pursuant to section one-a, article six of this chapter.
(c)
Of the nine members appointed by the governor, no more
than five may be of the same political party: Provided,
That of the twelve members appointed by the governor to
the governing boards of Marshall university and West
Virginia university, no more than seven may be of the same
political party. At least six of the members shall
be residents of the state: Provided, however,
That of the twelve members appointed by the governor to
the governing boards of Marshall university and West
Virginia university, at least eight of the members shall
be residents of the state.
(d)
The student member shall serve for a term of one year.
The term beginning in July, two thousand one, shall
end on the thirtieth day of June, two thousand two. Thereafter,
the term shall begin on the first day of July.
(e)
The faculty member shall serve for a term of two years.
The term beginning in July, two thousand one, ends
on the thirtieth day of June, two thousand three. Thereafter,
the term shall begin on the first day of July. Faculty
members are eligible to succeed themselves for three
additional terms, not to exceed a total of eight
consecutive years.
(f)
The member representing classified employees shall serve
for a term of two years. The term beginning in July,
two thousand one, shall end on the thirtieth day of June,
two thousand three. Thereafter, the term shall begin
on the first day of July. Members representing
classified employees are eligible to succeed themselves
for three additional terms, not to exceed a total of eight
consecutive years.
(g)
The appointed lay citizen members shall serve terms of
four years each and shall be eligible to succeed
themselves for no more than one additional term.
(h)
A vacancy in an unexpired term of a member shall be filled
for the unexpired term within thirty days of the
occurrence of the vacancy in the same manner as the
original appointment or election. Except in the case of a
vacancy, all elections shall be held and all appointments
shall be made no later than the thirtieth day of June
preceding the commencement of the term, except the
election of officers for the term beginning in July, two
thousand one shall be made that July. Each board of
governors shall elect one of its appointed lay members to
be chairperson in June of each year. No member may
serve as chairperson for more than two consecutive years.
(i)
The appointed members of the institutional boards of
governors shall serve staggered terms. Of the
initial appointments by the governor to each of the
institutional boards of governors, two shall be appointed
for terms of one year, two shall be appointed for terms of
two years, two shall be appointed for terms of three years
and three shall be appointed for terms of four years:
Provided, That for the initial appointments
to the governing boards of Marshall university and West
Virginia university, three shall be appointed for terms of
one year, three shall be appointed for terms of two years,
three shall be appointed for terms of three years and
three shall be appointed for terms of four years. After
the initial appointments, all appointees shall serve for
terms of four years.
(j)
No person shall be eligible for appointment to membership
on a board of governors who is an officer, employee or
member of any other board of governors, a member of an
institutional board of advisors of any public institution
of higher education, an employee of any institution of
higher education, an officer or member of any political
party executive committee, the holder of any other public
office or public employment under the government of this
state or any of its political subdivisions or a member of
the commission: Provided, That this
subsection shall not be construed to prevent the
representative from the faculty, classified employees, or
students or the superintendent of a county board of
education from being members of the governing boards.
(k)
Before exercising any authority or performing any duties
as a member of a governing board, each member shall
qualify as such by taking and subscribing to the oath of
office prescribed by section five, article IV of the
constitution of West Virginia and the certificate thereof
shall be filed with the secretary of state.
(l)
No member of a governing board appointed by the governor
may be removed from office by the governor except for
official misconduct, incompetence, neglect of duty or
gross immorality and then only in the manner prescribed by
law for the removal of the state elective officers by the
governor.
(m)
The president of the institution shall make available
resources of the institution for conducting the business
of its board of governors. The members of the board
of governors shall serve without compensation, but shall
be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their official
duties under this article upon presentation of an itemized
sworn statement of their expenses. All expenses
incurred by the board of governors and the institution
under this section shall be paid from funds allocated to
the institution for that purpose.
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