§ 143B-394.15. Commission established; purpose; membership; transaction of business. - North Carolina Statutes

Part 10C. Domestic ViolenceCommission.

§ 143B‑394.15. Commission established; purpose; membership; transaction of business.

(a)        Establishment. – Thereis established the Domestic Violence Commission. The Commission shall belocated within the Department of Administration for organizational, budgetary,and administrative purposes.

(b)        Purpose. – Thepurpose of the Commission is to (i) assess statewide needs related to domesticviolence, (ii) assure that necessary services, policies, and programs areprovided to those in need, (iii) strengthen the existing domestic violenceprograms which have been established pursuant to G.S. 50B‑9 and arefunded through the Domestic Violence Center Fund, and (iv) recommend newdomestic violence programs.

(c)        Membership. – TheCommission shall consist of 39 members, who reflect the geographic and culturalregions of the State, as follows:

(1)        Nine personsappointed by the Governor, one of whom is a clerk of superior court; one ofwhom is an academician who is knowledgeable about domestic violence trends andtreatment; one of whom is a member of the medical community; one of whom is aUnited States Attorney for the State of North Carolina or that person'sdesignee; one of whom is a member of the North Carolina Bar Association who hasstudied domestic violence issues; one of whom is a representative of a victims'service program eligible for funding by the Governor's Crime Commission or theNorth Carolina Council for Women; one of whom is a member of the North CarolinaCoalition Against Domestic Violence; one of whom is a former victim of domesticviolence; and one of whom is a member of the public at large.

(2)        Nine personsappointed by the General Assembly, upon recommendation of the President ProTempore of the Senate, one of whom is a member of the Senate; one of whom is adistrict court judge; one of whom is a district attorney or assistant districtattorney; one of whom is a representative of the law enforcement community withspecialized knowledge of domestic violence issues; one of whom is a countymanager; one of whom is a representative of a community legal services agencywho works with domestic violence victims; one of whom is a representative ofthe linguistic and cultural minority communities; one of whom is a representativeof a victims' service program eligible for funding by the Governor's CrimeCommission or the North Carolina Council for Women; and one of whom is a memberof the public at large.

(3)        Nine personsappointed by the General Assembly, upon recommendation of the Speaker of theHouse of Representatives, one of whom is a member of the House ofRepresentatives; one of whom is a magistrate; one of whom is a member of thebusiness community; one of whom is a district court judge; one of whom is arepresentative of a victims' service program eligible for funding by theGovernor's Crime Commission or the North Carolina Council for Women; one ofwhom is a representative of the law enforcement community with specializedknowledge of domestic violence issues; one of whom provides offender treatmentand is approved by the North Carolina Council for Women; one of whom is arepresentative of the linguistic and cultural minority communities; and one ofwhom is a public member.

(4)        The followingpersons or their designees, ex officio:

a.         The Governor.

b.         The LieutenantGovernor.

c.         The AttorneyGeneral.

d.         The Secretary of theDepartment of Administration.

e.         The Secretary of theDepartment of Crime Control and Public Safety.

f.          The Superintendentof Public Instruction.

g.         The Secretary of theDepartment of Correction.

h.         The Secretary of theDepartment of Health and Human Services.

i.          The Director of theOffice of State Personnel.

j.          The Chair of theNorth Carolina Council for Women.

k.         The Dean of theSchool of Government at the University of North Carolina at Chapel Hill.

l.          The Chairman of theGovernor's Crime Commission.

(d)        Terms. – Membersshall serve for two‑year terms, with no prohibition against beingreappointed, except initial appointments shall be for terms as follows:

(1)        The Governor shallinitially appoint five members for terms of two years and four members forterms of three years.

(2)        The President ProTempore of the Senate shall initially appoint five members for terms of twoyears and four members for terms of three years.

(3)        The Speaker of theHouse of Representatives shall initially appoint five members for terms of twoyears and four members for terms of three years.

Initial terms shall commenceon September 1, 1999.

(e)        Chair. – The chairshall be appointed biennially by the Governor from among the membership of theCommission. The initial term shall commence on September 1, 1999.

(f)         Vacancies. – Avacancy on the Commission or as chair of the Commission resulting from theresignation of a member or otherwise shall be filled in the same manner inwhich the original appointment was made, and the term shall be for the balanceof the unexpired term.

(g)        Compensation. – TheCommission members shall receive no salary as a result of serving on theCommission but shall receive per diem, subsistence, and travel expenses inaccordance with the provisions of G.S. 120‑3.1, 138‑5, and 138‑6,as applicable. When approved by the Commission, members may be reimbursed forsubsistence and travel expenses in excess of the statutory amount.

(h)        Removal. – Membersmay be removed in accordance with G.S. 143B‑13 as if that section appliedto this Article.

(i)         Meetings. – Thechair shall convene the Commission. Meetings shall be held as often asnecessary, but not less than four times a year.

(j)         Quorum. – Amajority of the members of the Commission shall constitute a quorum for thetransaction of business. The affirmative vote of a majority of the memberspresent at meetings of the Commission shall be necessary for action to be takenby the Commission.

(k)        Office Space. – TheDepartment of Administration shall provide office space in Raleigh for use asoffices by the Domestic Violence Commission, and the Department ofAdministration shall receive no reimbursement from the Commission for the useof the property during the life of the Commission.

(l)         Staffing. – TheSecretary of the Department of Administration shall be responsible for staffingthe Commission.  (1999‑237,s. 24.2(b); 2001‑424, s. 7.7; 2006‑264, s. 29(o); 2009‑342,s. 1.)