§ 143B-350. Board of Transportation - organization; powers and duties, etc. - North Carolina Statutes

Part 2. Board of Transportation.

§ 143B‑350.  Board ofTransportation – organization; powers and duties, etc.

(a)        Board ofTransportation. – There is hereby created a Board of Transportation. The Boardshall carry out its duties consistent with the needs of the State as a whole.The diversity and size of the State require that regional differences beconsidered by Board members as they develop transportation policy and projectsfor the benefit of the citizens of the State.

(b)        Membership of theBoard. –

(1)        Number, appointment.– The Board of Transportation shall have 19 voting members. Fourteen of themembers shall be division members appointed by the Governor. Five shall be at‑largemembers appointed by the Governor. At least three members of the Board shall beregistered voters of a political party other than the political party of theGovernor. The Secretary of Transportation shall serve as an ex officiononvoting member of the Board. No more than two members of the Board may residein the same highway division.

(2)        Division members. – Onemember shall be appointed from and be a resident of each of the 14 highwaydivisions. The Governor, in selecting division members, shall consider forappointment persons suggested by the Transportation Advisory Committees locatedwithin each division. Division members shall direct their primary effort todeveloping transportation policy and addressing transportation problems in theregion they represent. Division members shall regularly consult with andconsider the views of local government units and Transportation AdvisoryCommittees in the region they represent.

(3)        At‑largemembers. – Five members shall be appointed by the Governor from the State atlarge. At‑large members appointed pursuant to this subdivision shall developtransportation policy and address transportation problems with a statewideperspective. At‑large members appointed under this subdivision shallpossess the following qualifications:

a.         One at‑largemember shall be a person with expertise in environmental issues affecting theState;

b.         One at‑largemember shall be a person familiar with the State ports and aviation issues;

c.         One at‑largemember shall be a person residing in a rural area of the State with broadknowledge of and experience in transportation issues affecting rural areas;

d.         One at‑largemember shall be a person residing in an urban area with broad knowledge of andexpertise in mass transit;

e.         One at‑largemember shall be a person with broad knowledge of and expertise in government‑relatedfinance and accounting.

(c)        Staggered Terms. – Theterms of all Board members serving on the Board prior to January 15, 2001,shall expire on January 14, 2001. A new board of 19 members shall be appointedwith terms beginning on January 15, 2001. The Board shall serve the followingterms: division members representing divisions 1, 3, 5, 7, 9, 11, and 13 andthe three at‑large members filling the positions designated in sub‑subdivisions(b)(3)a., b., and e. of this section shall serve four‑year terms beginningon January 15, 2001, and four‑year terms thereafter; and division membersrepresenting divisions 2, 4, 6, 8, 10, 12, and 14 and the two at‑largemembers filling the positions designated in sub‑subdivisions (b)(3)c. andd. of this section shall serve two‑year terms beginning January 15, 2001,and four‑year terms thereafter.

(d)        Holdover Terms;Vacancies; Removal. – Members shall continue to serve until their successorsare appointed. The Governor may appoint a member to serve out the unexpiredterm of any Board member. The Governor may remove any member of the Board forany cause the Governor finds sufficient. The Governor shall remove any memberof the Board upon conviction of a felony, conviction of any offense involving aviolation of the Board member's official duties, or for a violation of theprovisions of subsections (i), (j), and (k) of this section or any other codeof ethics applicable to members of the Board as determined by the Governor orthe Governor's designee.

(e)        Organization andMeetings of the Board. – Within 60 days after January 15, 2001, and thereafterwithin 60 days following the beginning of the regular term of the Governor, theGovernor or his designee shall call the Board into session. The Board shallselect a chair and vice‑chair from among its membership for two‑yearterms. The Board may select a chair or vice‑chair for one additional two‑yearterm. The Board of Transportation shall meet once in each 60 days at suchregular meeting times as the Board may by rule provide and at any place in theState as the Board may provide. The Board may hold special meetings at any timeat the call of the chairman or any three members. The Board shall have thepower to adopt and enforce rules and regulations for the government of itsbusiness and proceedings. The Board shall keep minutes of its meetings, whichshall at all times be open to public inspection. The majority of the Boardshall constitute a quorum for the transaction of business. Board members shallreceive per diem and necessary travel and subsistence expenses in accordancewith G.S. 138‑5 and G.S. 138‑6, as appropriate.

(f)         Duties of theBoard. – The Board of Transportation has the following duties and powers:

(1)        To formulatepolicies and priorities for all modes of transportation under the Department ofTransportation.

(2)        To advise theSecretary on matters to achieve the maximum public benefit in the performanceof the functions assigned to the Department.

(3)        To ascertain thetransportation needs and the alternative means to provide for these needsthrough an integrated system of transportation taking into consideration thesocial, economic and environmental impacts of the various alternatives.

(4)        To approve aschedule of all major transportation improvement projects and their anticipatedcost for a period of seven years into the future. This schedule is designatedthe Transportation Improvement Program; it must be published and copies must beavailable for distribution. The document that contains the TransportationImprovement Program, or a separate document that is published at the same timeas the Transportation Improvement Program, must include the anticipated fundingsources for the improvement projects included in the Program, a list of anychanges made from the previous year's Program, and the reasons for the changes.

(5)        To consider andadvise the Secretary of Transportation upon any other transportation matterthat the Secretary may refer to it.

(6)        To assist theSecretary of Transportation in the performance of his duties in the developmentof programs and approve priorities for programs within the Department.

(7)        To allocate allhighway construction and maintenance funds appropriated by the General Assemblyas well as federal‑aid funds which may be available.

(8)        To approve allhighway construction programs.

(9)        To approve allhighway construction projects and construction plans for the construction ofprojects.

(10)      To review allstatewide maintenance functions.

(11)      To award all highwayconstruction contracts.

(12)      To authorize theacquisition of rights‑of‑way for highway improvement projects,including the authorization for acquisition of property by eminent domain.

(12a)    To approve partnershipagreements with the North Carolina Turnpike Authority, private entities, and authorizedpolitical subdivisions to finance, by tolls, contracts, and other financingmethods authorized by law, the cost of acquiring, constructing, equipping,maintaining, and operating transportation infrastructure in this State, withpriority given to highways, roads, streets, and bridges.

(13)      To promulgate rules,regulations, and ordinances concerning all transportation functions assigned tothe Department.

(f1)       Local GovernmentParticipation. – The ability of a local government to pay in part or whole forany transportation improvement project shall not be a factor considered by theBoard of Transportation in its development and approval of a schedule of majorState highway system improvement projects to be undertaken by the Departmentunder G.S. 143B‑350(f)(4).

(f2)       Approval ofaircraft and ferry purposes. – Before approving the purchase of an aircraftfrom the Equipment Fund or a ferry in a Transportation Improvement Program, theBoard of Transportation shall prepare an estimate of the operational costs andcapital costs associated with the addition of the aircraft or ferry and shallreport those additional costs to the General Assembly pursuant to G.S. 136‑12(b),and to the Joint Legislative Commission on Governmental Operations.

(g)        Delegation of BoardDuties. – The Board of Transportation may, in its discretion, delegate to theSecretary of Transportation the authority:

(1)        To approve allhighway construction projects and construction plans for the construction ofprojects;

(2)        To award all highwayconstruction contracts;

(3)        To promulgate rules,regulations, and ordinances concerning all transportation functions assigned tothe Department.

The Secretary may, in turn,subdelegate these duties and powers.

(h)        Consultation ofBoard Members. – Each member of the Board of Transportation who is appointed torepresent a transportation engineering division or who resides in a divisionshall be consulted before the Board makes a decision affecting that division.

(i)         Disclosure ofContributions. – Any person serving on the Board of Transportation or asSecretary of Transportation on December 1, 1998, shall disclose on that dateany contributions the person or the person's immediate family made to thepolitical campaign of the appointing Governor in the two years precedingDecember 1, 1998. A person appointed to the Board of Transportation and aperson appointed as Secretary of Transportation after December 1, 1998, shalldisclose at the time the appointment of the person is officially made publicany contributions the person or the person's immediate family made to thepolitical campaign of the appointing Governor in the two years preceding thedate of appointment. The term "immediate family", as used in thissubsection, means a person's spouse, children, parents, brothers, and sisters.Disclosure forms shall be filed with the State Ethics Commission as asupplemental filing to the Statement of Economic Interest filed under Article 3of Chapter 138A of the General Statutes. Disclosure forms shall not be a publicrecord under the provisions of Chapter 132 of the General Statutes until suchtime as the appointment of the person filing the statement is officially madepublic.

(j)         Disclosure ofCampaign Fund‑Raising. – A person appointed to the Board ofTransportation on or after January 1, 2001, and a person appointed as Secretaryof Transportation on or after January 1, 2001, shall disclose at the time theappointment of the person is officially made public any contributions theperson personally acquired in the two years prior to appointment for: anypolitical campaign for a statewide or legislative elected office in NorthCarolina; any political party executive committee or political committee actingon behalf of a candidate for statewide or legislative office. Disclosure formsshall be filed with the State Ethics Commission as a supplemental filing to theStatement of Economic Interest filed under Article 3 of Chapter 138A of theGeneral Statutes. Disclosure forms shall not be a public record under theprovisions of Chapter 132 of the General Statutes until such time as theappointment of the person filing the statement is officially made public.

(k)        Ethics Policy. – TheBoard shall adopt by December 1, 1998, a code of ethics applicable to membersof the Board, including the Secretary. Any code of ethics adopted by the Boardshall be supplemental to the provisions of Chapter 138A of the GeneralStatutes. A code of ethics adopted pursuant to this subsection shall include aprohibition against a member taking action as a Board member when a conflict ofinterest, or the appearance of a conflict of interest, exists. The ethicspolicy adopted pursuant to this subsection shall specify that a conflict ofinterest exists when the use of the Board member's position, or any officialaction taken by the Board member, would result in financial benefit, direct orindirect, to the Board member, a member of the Board member's immediate family,or an individual with whom, or business with which, the Board member isassociated. The ethics policy adopted pursuant to this subsection shall specifythat an appearance of a conflict of interest exists when a reasonable personwould conclude from the circumstances that the Board member's ability toprotect the public interest, or perform public duties, would be compromised bypersonal interest, even in the absence of an actual conflict of interest. Theperformance of usual and customary duties associated with the public positionor the advancement of public policy goals or constituent services, withoutcompensation, shall not constitute the use of the Board member's position forfinancial benefit. The conflict of interest provision of the ethics policyadopted pursuant to this subsection shall not apply to financial or otherbenefits derived by a Board member that the Board member would enjoy to anextent no greater than that which other citizens of the State would or couldenjoy.

(l)         AdditionalRequirements for Disclosure Statements. – All disclosure statements requiredunder subsections (i), (j), and (k) of this section must be sworn writtenstatements.

(m)       Ethics and BoardDuties Education. – The Board shall institute by January 1, 1999, and conductannually an education program on ethics and on the duties and responsibilitiesof Board members. The training session shall be comprehensive in nature,conducted in conjunction with the State Ethics Commission, and shall includeinput from the School of Government at the University of North Carolina atChapel Hill, the Attorney General's Office, the University of North CarolinaHighway Safety Research Center, and senior career employees of the variousdivisions of the Department. This program shall include an initial orientationfor new members of the Board and continuing education programs for Board membersat least once each year.

(n)        Review ofAppointments by the Joint Legislative Transportation Oversight Committee. – TheGovernor shall submit the names of all proposed Board of Transportationappointees, along with the disclosure statements required under subsections(i), (j), and (k) of this section, to the Joint Legislative TransportationOversight Committee prior to Board members' taking office. The Committee shallhave 30 days to review and submit comments to the Governor on the proposedappointees before they take office. The Governor shall consider the viewsexpressed by the Committee concerning the appointees to the Board. If theCommittee does not review or submit comments to the Governor on the proposedBoard appointees within the 30 days, the Governor may proceed to appoint theproposed members to the Board.  (1975, c. 716, s. 1; 1977, c. 464, s. 6; 1981 (Reg.Sess., 1982), c. 1191, ss. 9, 10; 1985, c. 479, s. 185; 1987, c. 738, s.170(b), (c); c. 747, s. 4.1; 1989, c. 500, s. 53; c. 692, s. 1.10; 1993, c.483, s. 4; 1995, c. 490, s. 60; 1997‑443, s. 32.1; 1997‑495, s.88(a); 1998‑169, ss. 1, 2; 2006‑201, s. 15; 2006‑230, s.1(c); 2006‑264, s. 29(n); 2007‑439, s. 2; 2008‑180, s. 1.)