1.  Board of Governors Powers, Duties & Responsibilities 
COMMUNITY AND TECHNICAL COLLEGE SYSTEM OF WV
MovingWest Virginia Forward
 Board of Governors Powers, Duties & Responsibilities 
 West Virginia Ethics Act 
 Open Governmental Proceedings Act 
August 16, 2017
Candace Kraus, Deputy General Counsel

2. Powers, Duties & Responsibilities Institutional Boards of Governors

3. GOVERNANCE
Determine, control, supervise and manage the financial, business and education policies and affairs of the institution.
Develop a master plan for the institution, outlining missions, degree offerings, resource requirements, physical plant needs, personnel needs, enrollment levels, etc.
Update and meet goals of the institutional compact.
Utilize faculty, students, and classified employees in planning and decision making when those groups are affected.

4. Administer management of a personnel system, subject to Council rules, including classification, compensation, and discipline.
Solicit and utilize or expend voluntary support.
Submit to the Council by a certain date each year an annual report on the institution’s performance in relation to master plan and compact.
Appoint and compensate the President, with Council approval.
Discipline or terminate the President.
Conduct written performance evaluations of the President consistent with state code and rules.

5. FINANCE
Direct the preparation of budget requests for submission to the Council and Commission.
Enter into contracts on behalf of the institution.
Purchase or acquire all materials, supplies, equipment and
printing required.
Adopt salary increase policies.
Issue revenue bonds.
Approve institutional operating and capital budgets.

6. ACADEMIC
Periodically review, at least every five years, all academic programs at the institution and address the viability, adequacy and necessity of each program in relation to the master plan and compact.
Conduct periodic studies of its graduates and their employers to determine placement patterns and effectiveness of the education experience.
Ensure that the sequence and availability of academic programs and courses are such that students may complete programs in a normal time frame.

7. West Virginia Ethics Act Chapter 6B of WV State Code

8. Basic principle is that public officers and employees are not to use their public position for their own private gain or that of another
Public official may not solicit any gift unless it is for a charitable purpose with no pecuniary benefit to the officer or his immediate family
May not accept any gift from someone doing or seeking business with agency or who has financial interests which may be substantially affected by officer

9. Exemptions Meals and beverages
Ceremonial gifts or awards with insignificant monetary value
Unsolicited gifts of nominal value ($25 from any one source over a calendar year)
Reasonable expenses for food, travel and lodging when serving on a panel or as speaker

10. Tickets or free admission to charitable, cultural or political events when such are customarily extended as a courtesy to that office.
Purely private and personal gifts or those from relatives or household
Tickets to sporting events only if person has a ceremonial duty to be performed before members of the public attending
May never solicit for charity from a subordinate employee

11. Financial Interest in Contracts
Generally not allowed to have financial interest in contracts over which official has authority
Exceptions
Financial interest that does not exceed $1000 over calendar year; or
Part-time appointed officials
Must recuse self from voting
May not seek to otherwise influence

12. Limitations on Voting
Public officials may not vote on a matter if they, an immediate family member, or a business with which they or immediate family member are associated with have a financial interest
An associated business is one where the person or family member is a director, owner, employee or holder of 5% or more of outstanding stock

13. If employed by a financial institution and primary responsibility is lending, public official may not vote on matter affecting financial interests of any customer whom a loan was made to within the preceding 12 months
May not vote on a personnel matter involving spouse or relative
May not vote on award or contract to nonprofit corporation employing official or immediate family member

14. May vote if they, relatives or associated business are only affected as a member of a class consisting of five or more similarly situated persons or businesses
May vote if it affects a publicly traded company but the official and family own less than 5% of the stock and the stock is valued at less than $10,000
For any recusal to be proper official must remove himself from room, disclose interest, and not vote

15. Advisory Opinions Ethics Commission will render advisory opinions
Acting in reliance of advisory opinion gives immunity from Ethics Act sanctions or criminal prosecution
May call Ethics Commission staff for advice
May visit Commission’s website at:

16. Violations
Ethics Commission may issue public reprimand, cease and desist orders, order restitution, and levy fines of up to $5000

17. WV State Code §6-9A-1 et seq.
Open Governmental
Proceedings Act
WV State Code §6-9A-1 et seq.

18. Applies to: All Governing Bodies of public agencies
Standing Committees of Governing Bodies
Any Committee with two or more members of the Governing Body that will make recommendations to Governing Body

19. Meetings Subject to Act
Any convening of a governing body for which a quorum is required to make a decision or deliberate toward a decision on any matter which results in an official action
Includes convening of committees that have authority to take action or make recommendations

20. NOT A Meeting On-site inspections
Discussions on logistical and procedural methods to schedule and regulate a meeting
General discussions in social, educational, training, informal, ceremonial, or similar settings without intent to conduct public business or for the discussion to lead to an official action

21. Requirements if a Meeting
Notice of meeting published in the State Register at least 5 calendar days before meeting
Notice to include date, time, and place of meeting
Notice for emergency meetings filed anytime prior to meeting but circumstances of emergency must be detailed

22. Emergency Meetings
“Emergency” involves an unexpected event requiring immediate action because of an imminent threat to public health or safety, or financial loss, damage to property or substantial harm to the institution
If in doubt, consult with Ethics Commission staff

23. Agendas
Agendas must be available to public at least 3 calendar days before meeting
May be amended prior to meeting if an emergency occurs
Agenda items must be specific enough for public to be aware of the issues to be discussed
Vague headings on agenda to be avoided

24. Agenda Regular meeting---3 business days in advance
Special meeting---2 business days in advance
Business days do not include the day of the meeting, weekends or legal holidays
Post in public place by close of business on Day 1

25. Actual Meeting Quorum must be obtained
Only items on the agenda may be acted upon
Items not on the agenda but raised at the meeting may be discussed to the extent necessary to determine whether future action needs to be considered
Members may question staff or audience on issues raised

26. Actual Meeting
Governing Body not required to allow members of the public to speak
Reasonable rules may be adopted to regulate the meeting
Disruptive individuals may be removed from meeting
If members of public allowed to speak they may not be required to sign up to speak more than 15 minutes prior to the meeting
No secret ballots or proxy votes allowed

27. Actual Meeting
Members may attend telephonically but they must be audible to members of the public and media
Votes may not be taken by reference to a letter, number or other designation rendering it difficult for the public to know what action is being taken unless an agenda or other materials are available for inspection by the public detailing the action

28. Executive Session Only authorized by majority vote of governing body
Statutory exemption or generic description must be set out in the motion to go into executive session
No votes taken in executive session
May only discuss items in executive session consistent with the motion and vote taken

29. Executive Session Exceptions
Acts of war or civil insurrection
Personnel matters—but not general personnel policy issues
Student discipline
Issuance or revocation of a license
Physical or mental health of a person
Material the disclosure of which would constitute an unwarranted invasion of an individual’s privacy

30. Executive Session Exceptions
Official investigations relating to law enforcement
Security personnel or devices
Matters involving purchases of property, investment of funds, or commercial competition which if made public might adversely affect the state’s financial interest
To avoid the premature disclosure of a honorary degree, prize, or similar award
Attorney-client privileged communications

31. Minutes Must be available to public within reasonable time
Reflect date, time and place of meeting and which members were present and absent
Contain all motions and their disposition
If an emergency meeting, or emergency agenda item added, facts and circumstances constituting emergency

32. Failure to Comply
Circuit Court actions may be filed up to 120 days after complained of action taken to enforce compliance or annul a decision
Willful and knowing violations are a misdemeanor with a fine of not more than $500
Subsequent offenses are fines of no less than $100 nor more than $1000

33. Dr. Sarah Armstrong Tucker, Chancellor
WV Council for Community and Technical College Education
1018 Kanawha Boulevard, East - Suite Charleston, WV
Phone: І Web: