The Board of Health shall comply with the requirements of WV Code 6-9A-1 through 6-9A-8 regarding open governmental proceedings. http://www.legis.state.wv.us
Section I. Attendance – No board member shall miss more than two meetings during a fiscal year. If the third meeting is missed, the board member may be in jeopardy of being removed from the board. As an alternative to missing a meeting, members may participate in a meeting by conference call if arranged ahead of time.
Section II. Quorum – A quorum must be established by the board and recorded in the minutes. A quorum of the board for transacting business is a simple majority of the constituent membership of the board. 16-2-10 (b)
Section III. Meeting Types and Frequency
A. Regular meetings shall be held at least four times a year for
counties with a population less than 30,000 residents and six times a year for those counties with a population over 30,000 residents. 16-2-10 (a) Regular meetings shall be held at least six (6) times a year. Board members shall receive written notice of the meeting at least five (5) days prior to the meeting.
B. Special – Special meetings of the Board shall be called by
the Chairperson, the Secretary, or by two members of the Board, upon written request to the Secretary. Board members shall be provided in writing or in person, notice and the agenda for the meeting, at least five (5) days prior to the meeting date.
C. Emergency – Notice will be given to the public and to the news media as much in advance as possible of the meeting date.
D. Written Consents or Meetings by Telephone: Any action required or permitted to be taken at any meeting of the Board may be taken without a meeting if all members of the Board consent thereto and the writing or writings are filed with the minutes of proceedings of the Board. Members of the Board may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this method shall constitute presence in person at such meeting.
E. Public Hearing — Notice of a public hearing will be published as
a Class I legal advertisement in the local newspapers at least seven days prior to the date of the public hearing, as well as, posted on the door of the health department facility. Public comment shall be accepted from those who sign in prior to the beginning of the hearing. Each speaker will be limited to five (5) minutes to address the Board. Speakers will introduce themselves by name and address before beginning. Speakers may choose to donate their time to another speaker. Response will be made by the Board if appropriate.
Section IV. Meeting Methods and Procedures
A. Public Notification – Notices of all meetings shall be given to
the public in writing by a notice in the local newspapers and by posting an announcement on the door of the health department facility. All members of the Board shall be notified of the date, time, and place of each meeting at least five (5) days in advance of each scheduled meeting.
B. Minutes and Records: The Board shall provide for the
preparation of written minutes of all its meetings. Minutes shall be available to the public within a reasonable time after the meeting and shall include the following information:
The date, time, and place of the meeting
The name of each board member present or absent
All motions, proposals, resolutions, orders, ordinances, and measures proposed, the name of the person proposing the same and their disposition, and the result of all votes.
Minutes of the Executive Session may be limited to material which is not inconsistent with the provisions of Chapter 6 Article 9A Section 5 of the West Virginia Code.
C. Executive Session – Notwithstanding any other provision or
law or regulation, all meetings of the Board shall be open to the public, excepting the provisions of Chapter 6, Article 9A, Section 4 of the West Virginia Code. An executive session may be held upon a majority affirmative vote of the members present to discuss such subjects as are covered under current law. Chapter 6-9A-4
D. Agenda – An agenda shall be prepared and be available to board members and the public at least five (5) days prior to the meeting. An agenda shall include time and date of the meeting, approval of the minutes of the previous meeting, items to be discussed, and any actions to be considered by the board.
E. Voting – Each member shall have one vote including the