West Virginia Code 5F-2-3 – Administrators; appointment; oath; bond; compensation
(a) Notwithstanding any other provision of this code (including subsections (h) and (i), section one of this article) to the contrary, each administrator required by other provisions of this code to be appointed by the Governor shall:
Terms Used In West Virginia Code 5F-2-3
- Administrator: means any person who fills a statutorily created position within or related to an agency or board (other than a board member) and who is designated by statute as commissioner, deputy commissioner, assistant commissioner, director, chancellor, chief, executive director, executive secretary, superintendent, deputy superintendent, or other administrative title, however designated. See West Virginia Code 5F-1-4
- 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.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Code: means the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 5F-1-4
- Oath: A promise to tell the truth.
- oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
- Secretary: means the administrative head of one of the departments created in section two of this article. See West Virginia Code 5F-1-4
- 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
(1) Continue to be appointed by the Governor by and with the advice and consent of the Senate and each such administrator shall serve at the will and pleasure of the Governor, and the Governor may appoint a person to fill more than one such position of administrator and may appoint a secretary to fill one or more positions of such administrator, but each person appointed as such an administrator must possess whatever qualifications are elsewhere specified in this code as being required for appointment to such position;
(2) Take the oath of office or affirmation prescribed by section five, article four of the Constitution, and such oath shall be certified by the person who administers the same and filed in the office of the Secretary of State;
(3) Give bond in the penalty of $15,000 conditioned for the faithful performance of the duties of the office, which bond shall be approved by the Attorney General as to form and by the secretary as to sufficiency. The surety of such bond may be a bonding or surety company, in which case the premium shall be paid out of the appropriation made for the administration of the department; and
(4) Receive an annual salary as shall be fixed from time to time by law or as otherwise provided.
(b) Each administrator required by other provisions of this code to be appointed in any manner other than by the Governor shall continue to be appointed, shall take such oath of office, give such bond and receive such salary as shall be so specified by such other provisions of this code.