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Virginia Administrative Code
Title 24. Transportation and Motor Vehicles
Agency 35. Commission on the Virginia Alcohol Safety Action Program
Chapter 20. Policy and Procedure Manual

24VAC35-20-180. Policy Board.

A. Each ASAP (Alcohol Safety Action Program) shall have a policy board which will control and give direction to the ASAP's activities and shall develop policies for the operation of the ASAP. These boards shall convey ASAP needs and direction to the ASAP, and board members shall be chosen to serve as set out below. The board of any ASAP operated by the commission under § 18.2-271.1 H of the Code of Virginia may be selected by the commission if the locality cannot agree on the selections. Persons serving on any policy board shall serve without compensation.

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 are the first appointments to the policy board. When a local policy board is first appointed, one third of the members shall be appointed for one year, one third for two years, and one third for three years. In addition to the members so selected, the director of the ASAP shall also be an ex-officio member without voting power. The membership not appointed by the governing bodies of represented jurisdictions, at the discretion of the board, shall be selected or elected from but not limited to, the judiciary, the Bar, law enforcement, education and treatment professionals, and other interested groups such as local transportation safety commissions. The designated terms of office may, with commission approval, be modified. Vacancies which occur on the board shall be filled by majority vote of the remaining board members from nomination of other board members and the participating governing bodies of the jurisdiction.

C. The board shall perform these duties:

1. Oversight of operations of the ASAP within the participating localities, supervise a director.

2. Approval of a fiscal year operational budget prepared by the director.

3. Approval of the director's annual report, which shall include ASAP activities and financial status.

4. Completion of an annual independent audit which shall be conducted at the end of each fiscal year.

5. Adoption of written guidelines and bylaws structured similarly as set out in subsection C of this section.

6. Establishment of operational policies and procedures for the ASAP.

D. Policy board guidelines and bylaws.

1. Officers. The officers of the policy board shall consist of a chairperson, and such subordinate officers as the board may elect or appoint. The secretary-treasurer ( If elected) shall not be the director of the ASAP. Each officer shall serve without compensation. The offices of chairperson and vice-chairperson if elected shall be held by members from different participating jurisdictions.

2. Terms of office. Except for 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. Deviation except as provided in subsection B of this section must be approved by the Commission on VASAP. Any vacancy occurring in any office shall be filled by the board for the unexpired term.

3. Election of officers. A majority of the members shall be present and voting in order to constitute an election. 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. This committee 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 vacancies on the board. 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 the same office.

4. Annual meetings. The annual meeting of the board is that meeting so designated in the bylaws for the purpose of electing officers, filling expired terms of member and shall be open to the public.

Regular meetings. Regular meetings of the board shall be held quarterly and shall be open to the public. The board or its executive committee may, where legally appropriate, go into executive session.

Time and place. The 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 to interested parties.

5. Each policy board shall adopt Robert's Rule of Order (or similarly acceptable) as operational guidelines for actions not specifically defined in the board's bylaws.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 5.5, eff. September 13, 1989; amended, Volume 07, Issue 09, eff. February 28, 1991.

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