West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-3 - Board of Trustees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Pursuant to
				W. Va. Code §
									5B-2G-4, the Board is charged with governing and
				administering the Fund, including developing an annual budget, authorizing the
				statutory allocation of Fund monies to the Division of Natural Resources,
				distributing grants, and incurring costs as necessary to carry out the purposes
				and the programs of the Fund. The annual budget shall include allowable
				disbursements associated with the costs for staffing, administration, and
				technical and legal duties of the Fund, costs associated with land conservation
				and stewardship by the Board and/or grant recipients, and other costs as
				necessary to carry out the purposes and programs of the Fund.
3.2. The Board shall elect a chair,
				vice-chair, secretary, treasurer, and other officers as necessary from among
				the nine appointed members. The Board shall determine the term for each office
				consistent with the provisions of W. Va. Code §
									5B-2G-4(b).
3.3. A majority of the members of the Board
				serving at any one time constitutes a quorum for the transaction of business. A
				Board member shall recuse himself or herself from a particular matter in which
				he or she has a conflict of interest upon his or her own motion with approval
				of the Board or for good cause shown upon a motion of a party. A recused member
				shall excuse himself or herself from participating in the discussion and
				decision-making process by physically removing himself or herself from the room
				during that period, fully disclose his or her interest, and recuse himself or
				herself from voting on the issue.
3.4. Each member of the Board shall receive
				expense reimbursement from the Fund for actual reasonable and necessary
				expenses incurred while engaged in the discharge of official duties, the actual
				expenses not to exceed the amount paid for similar reimbursement to members of
				the Legislature.
3.5. All Board
				meetings shall be held in accordance with the Open Governmental Proceedings Act
				as set forth in W.Va. Code §
									6-9A-1 to 12.
3.6. The Board may establish advisory
				committees comprised of non-Board members for specified purposes, provided that
				non-Board members do not have the power to vote on Board decisions.
3.7. Fund documents shall be housed within
				the Division of Forestry until an office of the Fund is established. When an
				office of the Fund is established, documents shall be housed in the Fund
				office.
3.8. The Board may enter
				into contracts and execute all instruments necessary and appropriate to carry
				out the purposes of the Fund.
3.9.
				The Board may hire Fund staff to carry out powers and duties associated with
				the Fund and may expend Fund monies for costs associated with staffing,
				administration, and technical and legal duties of the Fund. In addition, the
				Board may request assistance and avail itself of the services of Department of
				Commerce employees or independent contractors as it deems necessary.
3.10. The Board shall prepare and file
				electronically with the Governor's office and with the Legislature by the
				thirty-first day of August of each year a report that accounts for Fund
				receipts and disbursements of all grants approved and all acquisition of
				interests in real property obtained with monies from the Fund during the
				current year.