(A) Membership and term of membership. The Planning Commission shall consist of nine members. The membership makeup shall be consistent with requirements found in W. Va. Code 8A-2-3, or subsequent code sections that replace or alter 8A-2-3.
(1) One member of the Planning Commission must be a member of the municipal governing body (i.e., the City Council), or its designee. The term of this member shall last as long as the member holds his or her position in the governing body.
(2) One member of the Planning Commission must be a member of the Administrative Department of the municipality (e.g., the City Manager controls the Administrative Department), or its designee. The term of this member shall last as long as the person holds her position in the city administration.
(3) Other members of the Planning Commission must be:
(a) Residents of the municipality; and
(b) Qualified by knowledge and experience in matters pertaining to the development of the municipality.
(4) At least three-fifths of all of the members must have been residents of the municipality for at least three years prior to nomination or appointment and confirmation.
(5) The members of the Municipal Planning Commission must fairly represent different areas of interest, knowledge, and expertise, including, but not limited to, business, industry, labor, government, and other relevant disciplines.
(6) The Mayor of the city shall be an ex officio member and shall count towards the nine member requirement. The Mayor shall have voting rights as any member.
(7) Members shall serve without compensation, but may be reimbursed reasonable and necessary expenses actually incurred in performance of their official duties.
(8) Members shall serve three-year terms. Vacancies shall be filled for the unexpired term and made in the manner consistent with division (B) below.
(9) In the event the Commission President becomes unable or unwilling to perform the roles of President, the Vice President shall become President. If the President’s inability to perform his or her duties results in his or her removal, then the Vice President shall become President and the nomination and confirmation of a replacement member shall begin.
(B) Nomination of members.
(1) Pursuant to W. Va. Code 8A-2-3(I), the nomination of members shall be made by the administrative authority of the city. The administrative authority of the city rests on the City Manager. The City Manager shall nominate members of the Planning Commission. The City Manager shall defer nomination of the City Council representative to the judgment and majority decision of the City Council.
(2) Upon nomination, the governing body of the city (i.e., the City Council) shall, by majority vote, confirm or reject nominations presented by the City Manager.
(C) Removal of members.
(1) Pursuant to W. Va. Code 8A-2-3(k), the governing body may establish procedures for removal of members of the Planning Commission for inactivity, neglect of duty, or malfeasance.
(2) The City Council now determines that a member of the Planning Commission may be removed from the Planning Commission for inactivity, neglect of duty, or malfeasance. The procedure for removing a member shall be as follows.
(a) Upon belief of inactivity, neglect of duty, or malfeasance, the City Manager shall bring such issue to the attention of City Council.
(b) The City Council, if it finds inactivity, neglect of duty, or malfeasance to exist, shall issue a written warning to the member at issue. Such warning may be delivered personally or via certified mail to the member’s last known address. The warning shall state the reasons why City Council is considering removing the member. The warning shall further state a reasonable time and place whereby the member may appear before the City Council and be heard on the matter.
(c) After such appearance, or failure to appear as the case may be, the City Council shall determine whether or not to remove the member. The City Council’s discretion shall rule In determining if inactivity, neglect of duty, or malfeasance has occurred. Such removal shall be effective immediately upon City Council providing a majority vote to remove the member. Such removal shall be considered a vacancy and shall be filled in the same manner as described in division (B) above.
(Ord. 2022-09, passed 4-4-2022)