W. Va. Code R. § 112-19-6

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 112-19-6 - Board and Committee Meetings

6.1. All Board and committee meetings, and all notices required, shall comply with the provisions of the West Virginia Open Governmental Proceedings Act, W. Va. Code § 6-9A-1et seq.

6.2. The Board shall meet as often as necessary but at least quarterly.

6.3. Committee meetings shall be held at such time and place as called by the Chairman of the committee.

6.4. Special and Emergency Meetings.

6.4.1. The Board may call a special meeting is a meeting to carry out a special purpose outside of a regular meeting. The Board may call an emergency meeting to address an unexpected event which requires immediate attention because it poses an imminent threat to public health or safety; an imminent threat of damage to public or private property; an imminent material financial loss; or other imminent substantial harm to a public agency, its employees, or the members of the public which it serves.

6.4.2. Special and emergency board meetings may be called by or at the request of the Chair. The purpose of an emergency meeting must be stated at the meeting and in the minutes.

6.5. Filing Notices with Secretary of State

6.5.1. Notices of regular and special board and committee meetings shall be filed electronically on the website of the Secretary of State at least five business days prior to the meeting date.

6.5.2. Notices of emergency board and committee meetings shall be filed electronically on the website of the Secretary of State as soon as practicable prior to the meeting date.

6.5.3. All notices must state the date, time, place, and purpose of the meeting. Notices of emergency meetings must state the date, time, place, and purpose of the meeting, as well as the facts and circumstances of the emergency.

6.6. Notice to Board Members

6.6.1. Notice shall be given to board members at least 10 days prior to a regular meeting, at least five days prior to a special meeting, and as soon as practicable prior to an emergency meeting. The notice shall fix the date, time, place, and purpose of the meeting. The address last given by a board member shall be the address used.

6.6.2. Notice of any regular, special, or emergency meeting shall be considered received when sent by written notice delivered personally, or by messenger, telecopier, facsimile, telegraph, e-mail, or other means of electronic communication by the Secretary.

6.6.3. If mailed, such notice shall be deemed to be given and delivered when deposited in the United States Mail, with postage thereon prepaid, or when deposited with an overnight mail service, with the cost borne by the Board. If transmitted by electronic mail, such notice shall be deemed to be given and delivered when the board sends the notice by electronic mail and receives an electronic delivery receipt from the email address of the board member.

6.7. Unless otherwise provided by law, whenever any notice is required to be given to a board member under the provisions of these bylaws or any other applicable rule or law, the board member may waive the notice in writing or by attending the meeting that was the subject of the notice.

6.8. Agenda

6.8.1. The Chair shall prepare the agenda for each board meeting.

6.8.2. An agenda shall list matters in the order they are to be considered. During a meeting, the Board or committee may consider matters out of order.

6.8.3. An agenda for an annual or regular meeting shall be available upon request to the public and posted on the West Virginia Hope Scholarship website at least three business days prior to a regular or special meeting and as soon as practicable prior to an emergency meeting.

6.8.4. An agenda shall state the purpose of the meeting and any matter requiring the Board to take official action.

6.8.5. An agenda may be amended up to two business days before the meeting. Amended agendas must be posted in the same manner as an original agenda.

6.8.6. Agendas may be amended at a meeting. To add an emergency matter to an agenda, the facts and circumstances constituting the emergency must be explained on the record at the meeting.

6.9. The Chair may permit a board or committee member to attend a meeting of the Board or a committee by means of conference telephone, video conference, or other electronic communications equipment. A member participating in a meeting in accordance with this section is deemed to be present in person at the meeting and his vote shall have like effect and validity as though he or she were present.

6.10. A majority of the members serving on the Board as of the meeting day shall constitute a quorum for the transaction of business at any meeting of the Board, and a majority of the members of a committee serving as of the meeting day shall constitute a quorum for the transaction of business at a meeting of a committee.

6.11. The Board or a committee may go into executive session for the purposes specified in W. Va. Code § 6-9A-4 upon a majority vote on a motion in which the specific purposes are stated. The only matters that may be discussed in executive session are those specified in the motion. No official actions may be taken during executive session. Minutes will not be taken.

6.12. The Board may, by majority vote, recess from a meeting and continue the meeting at a specific time, date, and location. No further notice is required for continued meetings in accordance with this Section.

W. Va. Code R. § 112-19-6