W. Va. Code R. § 63-1-2

Current through Register Vol. XLI, No. 35, August 30, 2024
Section 63-1-2 - Procedure for Appointing, Electing and Removing Conservation District Supervisors
2.1. The governing body of a conservation district shall consist of elected and appointed supervisors (W. Va. Code § 19-21A-6).
2.2. Qualifications for elected or appointed conservation district supervisors are as follows:
2.2.a. The individual must be a resident and landowner in the county in which he or she is running for office or where the vacancy has occurred.
2.2.b. The individual must have experience in agriculture, as that term is defined in W. Va. Code § 19-21A-3; conservation; or natural resources.
2.3. Each county shall elect two supervisors to represent the county (W. Va. Code §9-21A-6 and §9-21A-7).
2.3.a. Any county with a population of 100,000 based on the most recent decennial census shall elect one additional supervisor and any county with a population over 100,000 based on the most recent decennial census shall elect one additional supervisor for each 50,000 residents over 100,000.
2.3.b. All registered voters are entitled to vote in his or her county for candidates for Conservation District Supervisor.
2.3.c. Elections for county district supervisors shall be non-partisan.
2.3.d. The term of office for supervisors shall be four years, and the terms of such members shall begin on July 1, next following the primary election at which they were elected.
2.3.e. The provisions of W. Va. Code § 3-3-1et seq. apply to the election of supervisors, unless otherwise provided for by the provisions of this rule series. The provisions of W. Va. Code § 6-1-1et seq. apply to the removal of conservation district supervisors.
2.4. If no candidate files for election, or if a vacancy occurs in the office of conservation district supervisor, the State Conservation Committee shall appoint a person to fill the position based on a recommendation submitted by the district in which the vacancy occurred.
2.4.a. To obtain a list of qualified candidates, the district shall post a notice on an online platform that disseminates information to the public or place an advertisement in a newspaper of general circulation within the county in which the vacancy occurred. The posting or advertisement shall be placed within 30 days of when the vacancy occurred and shall run for a period of at least one week. The posting or advertisement shall include a listing of any requirements and qualifications necessary to hold the position of supervisor, and instructions on how to apply to the district.
2.4.b. The district shall use the list of qualified candidates to make its candidate recommendation to the State Conservation Committee within 90 days of the primary election, or within 90 days of when the vacancy occurs, as the case may be.
2.4.c. Associate supervisors may be employed by districts with approval of the State Conservation Committee. Associate supervisors may not vote nor make motions during conservation district board meetings. Duties and responsibilities of associate supervisors will be determined by the board of supervisors in their by-laws or policy manual. Expenses for associate supervisors shall be at the discretion of the local conservation district board and be paid based on the availability of local district funds.
2.5 Elected and appointed supervisors shall take an oath of office before assuming the position of district supervisor. Original copies of the official oath of office shall be filed with the county clerk's office. Copies of the oath may be kept at the district office.

W. Va. Code R. § 63-1-2