West Virginia Code 29-6-6 – State Personnel Board continued; members; term; quorum; vacancies; powers and duties
(a) There is continued within the Division a State Personnel Board consisting of the Secretary of the Department of Administration or his or her designee who serves as an ex officio nonvoting member and five members appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until the appointment of their successors. No more than four members may be of the same political party. Four members of the board constitute a quorum.
Terms Used In West Virginia Code 29-6-6
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the state Personnel Board created by section six of this article. See West Virginia Code 29-6-2
- commission: when used in this article, shall refer to and mean the state personnel board. See West Virginia Code 29-6-9
- Director: means the head of the Division of Personnel as appointed by section seven of this article. See West Virginia Code 29-6-2
- Division: means the Division of Personnel herein created. See West Virginia Code 29-6-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Quorum: The number of legislators that must be present to do business.
- Secretary: means the Secretary of the Department of Administration created in section two, article one, chapter . See West Virginia Code 29-6-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Subpoena: A command to a witness to appear and give testimony.
(b) A member of the board may not be removed from office except for official misconduct, incompetence, neglect of duty, gross immorality or malfeasance and then only in the manner prescribed in article six, chapter six of this code for the removal by the Governor of state elected officers.
(c) Citizen members of the board shall each be compensated for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties, as recommended by the Citizens Legislative Compensation Commission as authorized by law, and may be reimbursed actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.
(d) The Secretary of the Department of Administration or his or her designee serves as Chair of the board. The Board shall meet at the time and place specified by the call of the Chair. At least one meeting shall be held in each month. All meetings shall be open to the public. Notice of each meeting shall be given in writing to each member by the Director at least three days in advance of the meeting period.
(e) In addition to other powers and duties invested in it by this article or by any other law, the board shall:
(1) Propose rules for legislative approval, in accordance with chapter twenty-nine-a of this code, to implement the provisions of this article;
(2) Interpret the application of this article to any public body or entity; and
(3) Authorize and conduct any studies, inquiries, investigations or hearings in the operation of this article it considers necessary.
(f) The Director or the board may subpoena and require the attendance of witnesses in the production of evidence or documents relevant to any proceeding under this article.