Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-50 - Alcohol safety action program policy boards

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each ASAP
				shall operate under the direction of a local independent policy board, advisory
				in nature, chosen in accordance with procedures approved and promulgated by the
				commission.
B. The policy board
				shall consist of five to 15 members. The governing bodies of each participating
				jurisdiction shall appoint one member for a term of three years. The remaining
				members shall be elected for a term of three years by majority vote of those
				members selected by each represented locality unless these appointments are the
				first appointments to the policy board.
C. Upon initial appointment of a policy
				board, one-third of the members shall be appointed for one year, one-third of
				the members shall be appointed for two years, and one-third of the members
				shall be appointed for three years. ASAP employees shall not serve as a member
				of the board outside of an ex officio capacity.
D. The policy board members not appointed by
				the governing bodies of represented jurisdictions, at the discretion of the
				board, shall be selected from the Bar Association, law enforcement, and
				education and treatment professionals, at a minimum.
E. The designated terms of office for each
				member may be modified if approved by the commission.
F. Policy board vacancies shall be filled by
				a majority vote of the remaining board members from the nomination of other
				board members and the participating governing bodies of the
				jurisdiction.
G. Policy board
				members shall be selected by the commission in situations where the locality
				cannot agree on board member selections.
H. The officers of the policy board shall
				consist of a chairperson and such subordinate officers as the board may elect
				or appoint. Each policy board (i) shall include at least one Commonwealth
				attorney member, a defense attorney member who practices DUI law, a
				law-enforcement member, and a behavioral health member and (ii) may appoint a
				local sitting or retired District Court judge who regularly hears or heard
				cases involving driving under the influence and is familiar with local alcohol
				safety action programs. Members shall serve without compensation. The offices
				of the chairperson, and vice-chairperson if one is elected, shall be held by
				members from different participating jurisdictions. The policy board chair is
				subject to final confirmation approval by the executive director. Individuals
				serving in a policy board chair capacity prior to June 21, 2023, shall apply to
				the executive director for approval to remain in their current position within
				30 days of June 21, 2023.
I.
				Excluding the original officers, who shall be elected at the second meeting
				after the formation of the board, each officer shall be elected at the annual
				meeting of the board to serve a term of three years. Terms of office shall not
				be modified without commission approval. Vacancies occurring in any office
				shall be filled by the board for the unexpired term.
J. Election of officers requires that a
				majority of policy board members be present and voting in order to be valid.
				Members who are unable to attend may vote in any election by letter directed to
				the chairman and delivered prior to, or at, the meeting. At the regular meeting
				of the policy board immediately preceding the annual meeting, the chairman
				shall appoint a nominating committee, which shall present to the board at its
				annual meeting a slate of nominees for election as officers and a slate of
				nominees to fill any board vacancies. All board members and officers shall take
				office on the first day of the month following their election and shall serve
				until their successors take office. No officer shall serve more than two
				consecutive terms in office.
K. The
				annual meeting of the board is that meeting so designated in the bylaws for the
				purpose of electing officers and filling expired member terms and shall be open
				to the public.
L. Regular meeting
				of the board shall be held quarterly. Special meetings may be called at the
				policy board's pleasure. The policy board is required to provide notice to the
				public of all meetings as required by state and federal Freedom of Information
				Act laws.
M. The policy board or
				its executive committee may go into executive session when legally
				appropriate.
N. Policy board
				meetings shall adhere to state and federal Freedom of Information Act
				laws.
O. The policy board may
				change the date and time of any regular meeting at any prior meeting and may
				adjourn any meeting to another place if notice of the change is provided in
				adherence to state and federal Freedom of Information Act laws.
P. Two-thirds attendance of the policy board
				membership shall constitute a quorum for any policy board meeting.
Q. The commission may merge or regionalize a
				policy board in instances where the commission is merging or regionalizing the
				ASAP in which the policy board provides oversight.
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.