Current through Register Vol. XLI, No. 38, September 20, 2024
Section 115-3-4 - Board Meetings4.1. Any matter, procedure, or order not covered by these rules shall be referred to the presiding officer who shall decide the matter in conformity with the purpose of these rules in a fair and expeditious manner. Meetings of the Board shall be conducted in accordance with the Robert's Rules of Order.4.2. The members of the Board shall select from one of their number a member to serve as chairperson. The term of the chairperson shall be for two years; however, the incumbent shall continue to serve until replaced. In the event there is a vacancy in the office of chairperson, any Board member may call a meeting for the purpose of electing a successor. A vacancy may be filled by electing a new chairperson, and a member may be reelected as chairperson.4.3. The Board shall meet quarterly on the third Tuesday of March, June, September, and December, or on such other date as determined by the Chairperson. 4.4 Additional meetings may be called by the Chairperson, and the Chairperson shall call a meeting upon the request of at least two Board members. All meetings shall be held at the offices of the agency or such other location as necessary to accommodate agency staff and a reasonable number of public observers and participants.4.5. In the event of an emergency requiring immediate official action of the Board, the provisions of W. Va. Code § 6-9A-3 shall be followed.4.6. Board members may participate using the telephone or other electronic means. The agency shall provide an adequate sound system and equipment to accommodate electronic participation and to ensure that those in attendance can reasonably hear the member(s) participating electronically. 4.7. The Board shall consider any matter brought before it by the chairperson or any member or agency management and may consider, at its discretion, any matter referred to it by a person not a member of the Board. Prior to each meeting, the agency shall publish an agenda that contains all items the Board anticipates hearing or acting upon at the meeting. Preparation of the agenda shall be in compliance with guidance of the West Virginia Ethics Commission. Notice of each meeting shall be filed in the state register in compliance with the open meetings laws found at W. Va. Code § 6-9A-1, et seq.4.8. All action requiring a vote shall be moved by a member and seconded by a different member of the Board. The names of moving and seconding members will be recorded in the minutes.4.9. The chairperson may direct that any member of the public exit the meeting if that person is disrupting the meeting to the extent that orderly conduct of the meeting is compromised. 4.10. The Board may hold an executive session to consider those matters set forth in W. Va. Code § 6-9A-4. Any discussion or consideration of the financial or personal information of an insured and any discussion regarding pending claims may be held by the board in executive session closed to the public. No decision of the Board may be made in executive session. Minutes of executive sessions may be taken and, if taken, shall be limited to material the disclosure of which is not inconsistent with the provisions of W. Va. Code § 6-9A-3.4.11. The Board may establish subcommittees as needed. The chairperson shall designate the subject matter to be considered by the subcommittee as well as its membership and chairperson.4.12. The Board shall provide for the preparation of written minutes of each meeting. All minutes shall be available to the public within a reasonable time after the meeting and shall include the following information:4.12.1. The date, time and place of the meeting;4.12.2. The name of each member present or absent;4.12.3. All motions, proposals, resolutions, and measures proposed, the member proposing the same, and their disposition; and4.12.4. The results of all votes.