Current through Register Vol. XLI, No. 50, December 13, 2024
Section 165-1-4 - Council4.1. Powers. -- Subject to the limitations of W. Va. Code § 5B-2-1 et seq., and the laws of W. Va. concerning community and industrial development, all corporate powers shall be exercised by or under the authority of the Council, and the business and affairs of the corporation shall be controlled by the Council.4.2. Membership. -- The Council shall consist of no less than fifteen (15) nor more than seventeen (17) voting members. (1) No less than nine (9) nor more than eleven members to be appointed by the Governor with the advice and consent of the Senate, representing community or regional interests, including economic development, commerce, banking, manufacturing, the utility industry, the mining industry, the telecommunications/data processing industry, small business, labor, tourism or agriculture: Provided, that one member appointed pursuant to this subsection shall be a member of a regional planning and development council. Of the members representing community or regional interests, there shall be at least three members from each congressional district of the state and they shall be appointed in such a manner as to provide a broad geographical distribution of members of the council;(2) Four at-large members to be appointed by the Governor with the advice and consent of the Senate;(3) The president of the West Virginia economic development council;(4) The chair, or his or her designee, of the tourism commission created pursuant to the provisions of section eight of this article.In addition, the president of the Senate and the speaker of the House of Delegates, or his or her designee, shall serve as ex officio nonvoting members.
4.3. Term of Office. -- The terms of the appointed Council members first taking office shall expire as designated by the Governor at the time of their nomination; three (3) at the end of the first year, three (3) at the end of the second year, three (3) at the end of the third year, and four (4) at the end of the fourth year. As original appointments expire, subsequent appointments shall be for a period of four (4) years. Members shall be eligible for reappointment, and any member whose term has expired shall serve until his successor has been duly appointed and qualified. Terms shall end on June 30 of the calendar year in which said term expires.4.4. Vacancies. -- In the case of a vacancy on the Council, such vacancy shall be filled by the Governor in the same manner as the original appointment, or if caused by a change in the statute, as provided therein. A vacancy in the Council shall exist on the happening of any of the following events: 4.4.1. The death, incompetency, expiration of term, resignation or removal of any member.4.4.2. An increase in the authorized number of members by statute or rule without the simultaneous appointment of a member to fill the newly authorized position.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 Council shall impair the rights of a quorum to exercise all the rights and perform all of the duties of the Council.
4.5. Quorum. -- The majority of currently appointed members of the Council shall constitute a quorum, and the affirmative vote of a majority of the members present at a meeting in person, by telephone, or by proxy shall be necessary for any action taken by vote of the Council, except that the affirmative vote of the majority of currently appointed members to the Council shall be required for the following actions: 4.5.1. Hiring, termination, and discipline of the Director.4.5.2. Termination of existing programs.4.5.3. The creation or termination of new programs.4.5.4. The amendment of these procedural or other rules, except as provided in Section 9.1 hereof.4.6. Proxies. -- Council members shall be permitted to designate any other Council member as their proxy for all votes except for those actions designated in Sections 4.5.1 through 4.5.4 hereof. Designations must be in writing and notarized, and copies sent by electronic transfer or otherwise shall be deemed sufficient.4.7. Compensation. -- Members of the Council shall not be entitled to compensation for services performed as members, but shall be entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties.4.8. Delegation of Authority. -- The Council may delegate, to the extent that it considers necessary, any portion of its authority to manage, control, and conduct the current business of the Council, to the Executive Director of the West Virginia Development Office, or to any executive officer of the Council or agent thereof, subject to the Council's approval of the terms and conditions. Notwithstanding any delegation of authority that the Council may make hereunder, it shall exercise general supervision over the executive officers of the Council and shall be responsible for the proper performance of their respective duties.