As Amended
SEC. 49-17-309. Board of commissioners; selection; term of office; officers; compensation.
(1) All powers of the authority shall be vested in a board of commissioners which shall be composed, and whose members shall be selected, as follows:
(a) Initially, the board of commissioners shall be composed as follows:
(i) Within thirty (30) days of the effective date of sections 49-17-301 through 49-17-353, the board of supervisors of each county and the governing body of each incorporated city or town lying within such county shall nominate one (1) person for appointment by the governor to the board of commissioners.
(ii) Within thirty (30) days following such nomination, each such board of supervisors and such governing body of an incorporated city or town lying within said county shall certify in writing to the governor the nominations of the individuals for appointment to the board of commissioners; provided, that each such board of supervisors or such governing body shall nominate only individuals who are residents of its respective county and who do not hold any elected public office or any position as a paid employee of any public agency.
(iii) Within fifteen (15) days of receiving such nominations, the governor shall appoint to the board of commissioners of the authority each individual so nominated. Each member of the board of commissioners appointed as provided in subsection (1)(a) of this section shall remain in office until the time of reorganization of the board of commissioners as provided in subsection (1)(b) of this section.
(b) At such time as determined by the board of commissioners, but in no event later than one (1) year following the effective date of sections 49-17-301 through 49-17-353, the board of commissioners shall adopt a resolution declaring the commencement of the reorganization of said board, which reorganization shall be as follows:
(i) Each member of the board of commissioners appointed by a board of supervisors of a county or by a governing body of an incorporated city or town which has not prior to the declaration of commencement of the reorganization of the board contracted with the authority under the provisions of sections 49-17-301 through 49-17-353, shall have his or her term of office automatically terminated by operation of sections 49-17-301 through 49-17-353 and no appointment of a successor shall thereafter be permitted, except as provided in subsection (1)(b)(iv) of this section.
(ii) Within thirty (30) days of the declaration of commencement of the reorganization of the board, the chairman of the board as reconstituted under the provision of subsection (1)(b)(i) of this section, shall certify the nomination in writing to the governor of the individual members of the board of commissioners who were originally nominated by such board of supervisors or the governing body of an incorporated city or town lying within said county prior to its reconstitution and who are selected for removal from the board of commissioners.
(iii) Within fifteen (15) days of receiving the nominations for removal made in accordance with subsection (1)(b)(ii) of this section, the governor shall dismiss from office each individual member of the board of commissioners of the authority so nominated. The governor shall thereupon establish staggered terms of office for the remaining members of the board of commissioners; provided, however, that each term of office shall be not less than two (2) years, nor more than six (6) years and the terms of all offices with respect to each such county shall be staggered over time as evenly as practicable, as shall be determined by the governor. Each member shall remain in office for the period of such member's term and until a successor shall be duly appointed and qualified.
(iv) The number of members of the board of commissioners shall be increased by one (1) each time a county, or an incorporated city or town, which has not theretofore contracted with the authority enters into such a contract. Within fifteen (15) days following the entering into of said contract, the board of supervisors of the county, or the governing body of the incorporated city or town, entering into such contract shall nominate for appointment one (1) person to the board of commissioners for the county entering into such contract or in which such incorporated city or town is located. Within fifteen (15) days following the execution of such contract, the board of commissioners shall certify in writing to the governor the individual nominated for appointment to the board of commissioners. The governor shall appoint such individual so nominated to the board of commissioners of the authority within fifteen (15) days of receiving such certification. The governor shall establish the term of office of such member of the board of commissioners in compliance with the provisions of subsection (1)(b)(iii) of this section regarding staggered terms.
(v) The successor of each member of the board of commissioners shall be nominated and appointed in the same manner provided in subsection (1)(b)(iv) of this section for the nomination and appointment of additional members, and shall serve a term of six (6) years, and for such period thereafter until a successor shall be duly appointed and qualified.
(c) Each member of the board of commissioners shall be eligible for reappointment. All vacancies shall be filled by nomination and appointment in the same manner provided in subsection (1)(b)(v) of this section for the appointment of successors, provided that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member may be removed at any time prior to the expiration of said member's term of office for misfeasance, malfeasance or willful neglect of duty, as determined by the governor with the concurrence of the nominating public agency. Before assuming office, each member shall take and subscribe to the constitutional oath of office before a chancery clerk, and a record of such oath shall be filed with the secretary of state. The board of commissioners shall annually select a chairman and a vice chairman from among its members.
(2) The board of commissioners shall elect or appoint and prescribe the duties of such officers as the board of commissioners deems necessary or advisable, including a general manager and a secretary. The general manager, who, at the discretion of the board of commissioners, may also serve as secretary, shall be a person of good moral character and shall be a person of proven ability as an administrator with a minimum of five (5) years' experience in the management and administration of a public works operation or comparable experience which may include, but is not limited to, supervision, public financing, regulatory codes and related functions as minimum qualifications to administer the programs and duties of the authority. The general manager shall administer, manage and direct the affairs and business of the Authority, subject to the policies, control and direction of the board of commissioners. The general manager shall give bond executed by a surety company or companies authorized to do business in this state in the penal sum of fifty thousand dollars ($50,000.00) payable to the authority conditioned upon the faithful performance of his duties and the proper accounting for all funds which may come into his hands as general manager. The secretary of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents and papers filed with the authority, the minute book or journal of the authority and its official seal. The secretary shall have authority to cause copies to be made of all minutes and other records and documents of the authority and to certify under the seal of the authority that such copies are true and accurate copies, and all persons dealing with the authority may rely upon such certificates.
(3) Upon express, prior authorization of the authority, each commissioner may receive a per diem of not to exceed fifty dollars ($50.00) per day for attending each day's meeting of the board of commissioners and for each day spent in attending to the business of the authority and, in addition, may receive reimbursement for actual and necessary expenses incurred.
SOURCES: Laws, 1980, ch. 521, Sec. 5; 1982, ch. 378, Sec. 2, eff from and after passage (approved March 22, 1982).