§ 136-89.182. North Carolina Turnpike Authority. - North Carolina Statutes

§ 136‑89.182.  NorthCarolina Turnpike Authority.

(a)        Creation. – Thereis created a body politic and corporate to be known as the "North CarolinaTurnpike Authority". The Authority is constituted as a public agency, andthe exercise by the Authority of the powers conferred by this Article in theconstruction, operation, and maintenance of toll roads and bridges shall bedeemed and held to be the performance of an essential governmental function.

(b)        AdministrativePlacement. – The Authority shall be located within the Department ofTransportation and shall be subject to and under the direct supervision of theSecretary of Transportation.

(c)        Authority Board. – TheNorth Carolina Turnpike Authority shall be governed by a nine‑memberAuthority Board consisting of two members appointed by the General Assemblyupon the recommendation of the President Pro Tempore of the Senate inaccordance with G.S. 120‑121, two members appointed by the GeneralAssembly upon the recommendation of the Speaker of the House of Representativesin accordance with G.S. 120‑121, four members appointed by the Governor,and the Secretary of Transportation. Each appointing authority shall appointmembers who reside in diverse regions of the State. The Chair of the Authorityshall be selected by the Authority Board.

(d)        Board ofTransportation Members. – Members of the North Carolina Board of Transportationmay serve as members of the Authority Board.

(e)        Staggered Terms. – Oneof the initial appointments to the Authority Board by the General Assembly uponthe recommendation of the President Pro Tempore of the Senate, one of theinitial appointments to the Authority Board by the General Assembly upon therecommendation of the Speaker of the House of Representatives, and three of theinitial appointments of the Governor shall be appointed to terms ending January14, 2007. One of the initial appointments to the Authority Board by the GeneralAssembly upon the recommendation of the President Pro Tempore of the Senate,one of the initial appointments to the Authority Board by the General Assemblyupon the recommendation of the Speaker of the House of Representatives, and oneof the initial appointments of the Governor shall be appointed to terms endingJanuary 14, 2005. The Secretary of Transportation shall serve as an ex officiovoting member of the Board. Thereafter, at the expiration of each stipulatedterm of office, all appointments shall be to a term of four years from the dateof the expiration of the term.

(f)         Vacancies. – Allmembers of the Authority Board shall remain in office until their successorsare appointed and qualified. The original appointing authority may appoint amember to serve out the unexpired term of any member.

(g)        Removal of BoardMembers. – Each member of the Authority Board, notwithstanding subsection (e)of this section, shall serve at the pleasure of the appointing authority. TheChair of the Authority serves at the pleasure of the Authority Board.

(h)        Conflicts ofInterest, Ethics. – Members of the Authority Board shall be subject to theprovisions of G.S. 136‑13, 136‑13.1, and 136‑14.

(i)         Compensation. – Theappointed members of the Authority Board shall receive no salary for theirservices but shall be entitled to receive per diem and travel allowances inaccordance with the provisions of G.S. 138‑5 and G.S. 138‑6 asappropriate.

(j)         Bylaws. – TheAuthority Board shall adopt, change, or amend bylaws with respect to thecalling of meetings, quorums, voting procedures, the keeping of records, andother organizational, staffing, and administrative matters as the AuthorityBoard may determine. Any bylaws, or subsequent changes or amendments to thebylaws, shall be submitted to the Board of Transportation and the JointLegislative Transportation Oversight Committee for review and comment at least45 days prior to adoption by the Authority Board.

(k)        Executive Directorand Administrative Employees. – The Authority Board shall appoint an ExecutiveDirector, whose salary shall be fixed by the Authority, to serve at itspleasure. The Executive Director shall be the Authority's chief administrativeofficer and shall be responsible for the daily administration of the toll roadsand bridges constructed, maintained, or operated pursuant to this Article. TheExecutive Director or his designee shall appoint, employ, dismiss, and, withinthe limits approved by the Authority Board, fix the compensation ofadministrative employees as the Executive Director deems necessary to carry outthis Article. The Authority shall report the hiring of all administrativeemployees to the Joint Legislative Transportation Oversight Committee within 30days of the date of employment.

(l)         Office. – Theoffices of the Authority may be housed in one or more facilities of theDepartment of Transportation.  (2002‑133, s. 1; 2009‑343, ss. 1, 2.)