West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-03 - Organization and Meeting Notices › Section 178-3-2 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. As required by
				West Virginia Code §
									19-23-4(d),
				the West Virginia Racing Commission shall hold an annual meeting at its
				principal office at the seat of government in the month of January at which
				time it shall elect from its membership a chairman. In addition, regular
				meetings of the Commission may be held on the third Tuesday of each month at a
				time and location determined by the chairman and identified in the notice for
				the meeting. Provided, however, that the chairman may, upon due notice to the
				public, change the time, date and location of the Commission's regular
				meetings.
2.2. Special meetings may
				be held at such other times as may be necessary, as determined by the
				Commission and/or its chairman.
2.3. Emergency meetings, as that term is
				defined by West Virginia Code §
									6-9A-2(2),
				may be held, as determined by the Commission and/or its chairman.
2.4. The chairman shall preside at all
				meetings at which he or she is present. If the chairman is absent from a
				meeting, another member may be designated to act as chairman
pro
				tem
and preside over the meeting.
2.5. The chairman or the chairman
pro
				tem
may make and second motions and may vote on all matters before the
				Commission at a meeting.
2.6. A
				majority of the Commission shall constitute a quorum at any meeting for the
				transaction of business.
2.7. The
				Executive Director of the Racing Commission shall electronically file a notice
				of each of the Commission's annual, regular and special meetings with the
				Secretary of State for publication on the Secretary of State's website and
				shall place each notice on the Commission's website. Each notice shall contain
				the date, time, place and purpose of the meeting and shall be filed or placed
				in a manner to allow each notice to appear on the Secretary of State's website
				and the Commission's website at least five business days prior to the date of
				the meeting.
2.8. The Executive
				Director of the Racing Commission shall electronically file a notice of an
				emergency meeting with the Secretary of State and place a notice on the
				Commission's website as soon as practicable prior to the meeting. The emergency
				meeting notice shall state the date, time, place and purpose of the meeting and
				the facts and circumstances of the emergency.
2.9. All meetings of the Commission are open
				to the public except as otherwise provided in West Virginia Code §
									6-9A-4.
2.10. Upon a majority vote of the members
				present at any meeting, the Commission may go into executive session and
				exclude the public to discuss any agenda item that fits within the exceptions
				provided in West Virginia Code §
									6-9A-4. Any action
				taken as a result of a discussion in executive session must be taken in open
				session except that the Commission may vote in executive session to give its
				attorney settlement authority for threatened or pending claims against the
				Commission. Provided that, pursuant to West Virginia Code §
									6-9A-4(b)(11),
				if a settlement is reached, then the terms of the settlement agreement shall be
				reported by the Commission at an open meeting and entered into its meeting
				minutes within a reasonable time after the settlement is concluded.
2.11. Open meetings of the Commission shall
				be recorded using audio recording equipment. Copies of such audio recordings
				shall be available to the public within a reasonable time after the
				meetings.
2.12. A member of the
				public who disrupts a Commission meeting to the extent that the orderly conduct
				of the meeting is compromised, may be removed from a meeting in the discretion
				of the chairman.