(A) Eligibility to serve on Board.
(1) Notwithstanding any law to the contrary, a public officer is eligible to serve as a Board member, and the acceptance of the appointment neither terminates nor impairs that public office;
(2) A municipal employee is eligible to serve as a Board member;
(3) The Board shall include at least one voting member who:
(a) Is a resident of the city;
(b) Is not a public official or municipal employee; and
(c) Maintains membership with a recognized civic organization within the city.
(4) A member removed under this section is ineligible for reappointment to the Board unless the reappointment is confirmed unanimously by the Board;
(5) As used in this subsection, the term PUBLIC OFFICER means an individual who is elected to office.
(B) Officers. The members of the Board shall select annually from among their members a Chair, Vice Chair, Secretary, Treasurer and other officers as the Board determines.
(C) Rules. The Board shall establish rules on all of the following:
(1) Duties of officers;
(2) Attendance and participation of members in its regular and special meetings;
(3) A procedure to remove a member by a majority vote of the other members for failure to comply with a rule; and
(4) Other matters necessary to govern the conduct of a land reuse agency.
(D) Vacancies. A vacancy on the Board shall be filled in the same manner as the original appointment. Upon removal under this section, the position becomes vacant.
(E) Compensation. Board members serve without compensation. The Board may reimburse a member for expenses actually incurred in the performance of duties on behalf of the land reuse agency.
(F) Meetings.
(1) The Board shall meet as follows:
(a) In regular session according to a schedule adopted by the Board;
(b) In special session:
1. As convened by the Chair; or
2. Upon written notice signed by a majority of the members.
(2) A majority of the Board, excluding vacancies, is a quorum. Physical presence is required under this division (F)(2).
(G) Voting.
(1) Except as set forth in division (G)(2) or (G)(3) below or elsewhere in this subchapter, action of the Board must be approved by the affirmative vote of a majority of the Board present and voting.
(2) Action of the Board on the following matters must be approved by a majority of the entire Board membership:
(a) Adoption of bylaws;
(b) Adoption of rules under division (C) above;
(c) Hiring or firing of an employee or contractor of the land reuse agency. This function may, by majority vote of the entire Board membership, be delegated by the Board to a specified officer or committee of the land reuse agency;
(d) Incurring of debt;
(e) Adoption or amendment of the annual budget; or
(f) Sale, lease, encumbrance or alienation of real property or personal property with a value of more than $25,000.
(3) A resolution under § 32.228, relating to dissolution of the agency, must be approved by two-thirds of the entire Board membership.
(4) A member of the Board may not vote by proxy.
(5) A member may request a recorded vote on any resolution or action of the land reuse agency.
(H) Immunity. The city shall not be liable personally on the bonds or other obligations of the land reuse agency pursuant to W. Va. Code 31-18E-5 et seq. Rights of creditors of the Authority are solely against the Authority.
(I) Board member terms. Each Board member shall be appointed for a term of three years and may serve no more than three terms. Board members shall be appointed by the Mayor with the approval of Council.
(Ord. passed 5-7-2019)