§ 143B-13. Appointment, qualifications, terms, and removal of members of commissions. - North Carolina Statutes

§ 143B‑13. Appointment, qualifications, terms, and removal of members of commissions.

(a)        Each member of a commission created by or under theauthority of the Executive Organization Act of 1973 shall be a resident of theState of North Carolina, unless otherwise specifically authorized by law.

Unless more restrictive qualifications are provided in the ExecutiveOrganization Act of 1973, the Governor shall appoint each member on the basisof interest in public affairs, good judgment, knowledge, and ability in thefield for which appointed, and with a view to providing diversity of interestand points of view in the membership.

The balance of unexpired terms of existing commission members shall beserved in accordance with their most recent appointment.

A vacancy occurring during a term of office is filled in the samemanner as the original appointment is made and for the balance of the unexpiredterm, unless otherwise provided by law or by the Constitution of NorthCarolina.

(b)        A commission membership becomes vacant on the happening ofany of the following events before the expiration of the term: (i) the death ofthe incumbent, (ii) his incompetence as determined by final judgment or finalorder of a court of competent jurisdiction, (iii) his resignation, (iv) hisremoval from office, (v) his ceasing to be a resident of the State, (vi) hisceasing to discharge the duties of his office over a period of threeconsecutive months except when prevented by sickness, (vii) his conviction of afelony or of any offense involving a violation of his official duties, (viii)his refusal or neglect to take an oath within the time prescribed, (ix) thedecision of a court of competent jurisdiction declaring void his appointment,and (x) his commitment as a substance abuser under Part 8 of Article 5 ofChapter 122C of the General Statutes; but in that event, the office shall notbe considered vacant until the order of commitment has become final.

(c)        No member of the State commission may use his position toinfluence any election or the political activity of any person, and any suchmember who violates this subsection may be removed from such office by theGovernor, if such member was appointed by the Governor, or by the appointingauthority, if such member was not appointed by the Governor. Nothing hereinshall prohibit such member from publishing the fact of his membership in hisown campaign for public office.

(d)        In addition to the foregoing, any member of a commission maybe removed from office by the Governor for misfeasance, malfeasance, andnonfeasance.

(e)        Any appointment by the Governor to a commission, board,council or committee made subsequent to January 5, 1973, and prior to July 1,1973, for a term that would extend for a period inconsistent with the staggeredterm provisions of the Executive Organization Act of 1973, may be reduced bythe Governor to conform to those staggered term provisions.

(f)         Whenever a statute requires that the Governor appoint atleast one person from each congressional district to a board or commission, anddue to congressional redistricting, two or more members of the board orcommission shall reside in the same congressional district, then such membersshall continue to serve as members of the board or commission for a periodequal to the remainder of their unexpired terms, provided that upon theexpiration of said term or terms the Governor shall fill such vacancy orvacancies in such a manner as to insure that as expeditiously as possible thereis one member of the board or commission who is a resident of eachcongressional district in the State.

(f1)       Whenever a statute requires that the Governor or any board,commission, council, person, or agency (whether or not that board, commission,council, or agency was established under this Chapter) appoint one or morepersons from each congressional district to a board, commission, or council,and due to congressional redistricting, a person no longer resides in thedistrict the member has been appointed to represent, such member or membersshall, if otherwise qualified, continue to serve as members of the board orcommission for the remainder of their unexpired terms, and shall be consideredto meet the residency requirement.

(f2)       Whenever a statute requires that the Governor or any board,commission, council, person, or agency (whether or not that board, commission,council, or agency was established under this Chapter) appoint one or morepersons from each congressional district to a board, commission, or council,and the statute fails to provide for a procedure to fill the extra position dueto the addition of an additional congressional district, then the appointingauthority shall appoint a person for a term commencing on January 3rd of theyear in which the addition of the additional congressional district becomeseffective. Unless the statute provides for persons to serve at the pleasure ofthe appointing authority, the appointing authority shall set the length of theinitial term of office. (1973, c. 476, s. 13; 1975, c. 879, s. 47; 1981, c. 520, s. 1; 1981(Reg. Sess., 1982), c. 1191, s. 5; 1985, c. 589, ss. 45, 46; 1991 (Reg. Sess.,1992), c. 1038, s. 16.)