§ 116-37.1. Center for public television. - North Carolina Statutes

§ 116‑37.1.  Centerfor public television.

(a)        The Board of Governors is hereby authorized and directed toestablish "the University of North Carolina Center for PublicTelevision" (hereinafter called "the Center").  It shall be thefunctions of the Center, through itself or agencies with whom it may contract,to provide research, development, and production of noncommercial educationaltelevision programming and program materials; to provide distribution ofnoncommercial television programming through the broadcast facilities licensedto the University of North Carolina; and otherwise to enhance the uses oftelevision for public purposes.

(b)        The Center shall have a board of trustees, to be named"the Board of Trustees of the University of North Carolina Center forPublic Television" (hereinafter called "the Board ofTrustees").  The Board of Governors is hereby authorized and directed toestablish the Board of Trustees of the Center and to delegate to the Board ofTrustees such powers and duties as the Board of Governors deems necessary orappropriate for the effective discharge of the functions of the Center;provided, that the Board of Governors shall not be deemed by the provisions ofthis section to have the authority to delegate any responsibility it may haveas licensee of the broadcast facilities of the University of North Carolina.

(1)        The Board of Trustees of the University of North CarolinaCenter for Public Television shall be composed of the following membership: 11persons appointed by the Board of Governors; four persons appointed by theGovernor; two members appointed by the General Assembly, one upon therecommendation of the Speaker of the House of Representatives, and one upon therecommendation of the President Pro Tempore of the Senate in accordance withG.S. 120‑121; and ex officio, the Secretary of the Department of CulturalResources, the Secretary of the Department of Health and Human Services, theSuperintendent of Public Instruction, the President of the Community CollegeSystem, and the President of the University of North Carolina. In makinginitial appointments to the Board of Trustees, the Board of Governors shalldesignate six persons for two‑year terms and five persons for four‑yearterms, and the Governor shall designate two persons for two‑year termsand two persons for four‑year terms.  The initial members appointed tothe Board of Trustees by the General Assembly shall serve for terms expiringJune 30, 1983, and notwithstanding anything else in this section, theirsuccessors shall be appointed in 1983 and biennially thereafter for two‑yearterms.  Thereafter, the term of office of appointed members of the Board ofTrustees of the Center shall be four years.  In making appointments to theBoard of Trustees the appointing authorities shall give consideration topromoting diversity among the membership, to the end that, in meeting theresponsibilities delegated to it, the Board of Trustees will reflect and beresponsive to the diverse needs, interests, and concerns of the citizens ofNorth Carolina.

(2)        No person shall be appointed to the Board of Trustees who isan employee of the State or of any constituent institution; a public officer ofthe State as defined in G.S. 147‑1, 147‑2, and 147‑3(c); amember of the Board of Governors; a trustee of a constituent institution; orthe spouse of any of the foregoing. Any appointed member of the Board ofTrustees who after appointment becomes any of the foregoing shall be deemed tohave resigned from the Board of Trustees.

(3)        Each ex officio member of the Board of Trustees shallpersonally serve on the Board of Trustees but may designate in writing a proxyfor specified meetings which the ex officio member finds he or she is unablereasonably to attend.

(4)        Each appointive member of the Board of Trustees shallpersonally serve on the Board of Trustees without benefit of proxy.  Anyappointive member who fails, for any reason other than ill health or service inthe interest of the State or the nation, to attend three consecutive regularmeetings of the Board of Trustees, shall be deemed to have resigned from theBoard of Trustees.

(5)        Vacancies in appointments made by the General Assembly shallbe filled in accordance with G.S. 120‑122. Other vacancies occurringduring a term among the appointive membership of the Board of Trustees shall befilled for the remainder of the unexpired term by appointment of the originalappointing authority for the vacant seat.  The principal officer of the Boardof Trustees shall promptly notify the Secretary of the University of NorthCarolina of the vacancy and the Secretary shall give written notice of thevacancy to the appropriate appointing authority.

(c)        The chief administrative officer of the Center shall be aDirector, who shall be elected by the Board of Governors upon recommendation ofthe President and who shall be responsible to the President.  The Center shallhave such other staff as the Board of Governors may authorize. (1979, c. 649, s. 1; 1981 (Reg. Sess., 1982), c. 1191,ss. 54, 55; 1987, c. 564, s. 33; 1995, c. 490, s. 61; 1997‑443, s.11A.118(a).)