§ 143B-426.11. Powers of Agency. - North Carolina Statutes

§ 143B‑426.11.  Powersof Agency.

In order to enable it to carryout the purposes of this Part, the Agency:

(1)        Has the powers of abody corporate, including the power to sue and be sued, to make contracts, tohold and own copyrights and to adopt and use a common seal and to alter thesame as may be deemed expedient;

(2)        May make allnecessary contracts and arrangements with any parties which will serve thepurposes and facilitate the business of the North Carolina Agency for PublicTelecommunications; except that, the Agency may not contract or enter into anyagreement for the production by the Agency of programs or programming materialswith any person, group, or organization other than government agencies;principal State departments; public and noncommercial broadcast licensees;

(3)        May rent, lease,buy, own, acquire, mortgage, or otherwise encumber and dispose of suchproperty, real or personal; and construct, maintain, equip and operate anyfacilities, buildings, studios, equipment, materials, supplies and systems assaid Board may deem proper to carry out the purposes and provisions of thisPart;

(4)        May establish anoffice for the transaction of its business at such place or places as the Boarddeems advisable or necessary in carrying out the purposes of this Part;

(5)        May apply for andaccept loans and grants of money from any federal agency or the State of NorthCarolina or any political subdivision thereof or from any public or privatesources for any and all of the purposes authorized in this Part; may extend ordistribute the funds in accordance with directions and requirements attachedthereto or imposed thereon by the federal agency, the State of North Carolinaor any political subdivision thereof, or any public or private lender or donor;and may give such evidences of indebtedness as shall be required, but noindebtedness of any kind incurred or created by the Agency shall constitute anindebtedness of the State of North Carolina or any political subdivisionthereof, and no such indebtedness shall involve or be secured by the faith,credit or taxing power of the State of North Carolina or any politicalsubdivision thereof. At no time may the total outstanding indebtedness of theAgency, excluding bond indebtedness, exceed five hundred thousand dollars($500,000) unless the Agency has consulted with the Director of the Budget;

(6)        May pay allnecessary costs and expenses involved in and incident to the formation andorganization of the Agency and incident to the administration and operationthereof, and may pay all other costs and expenses reasonably necessary orexpedient in carrying out and accomplishing the purposes of this Part;

(7)        Under suchconditions as the Board may deem appropriate to the accomplishment of thepurposes of this Part, may distribute in the form of grants, gifts, or loansany of the revenues and earnings received by the Agency from its operations;

(8)        May adopt, alter orrepeal its own bylaws, rules and regulations governing the manner in which itsbusiness may be transacted and in which the power granted to it may beexercised, and may provide for the creation of such divisions and for theappointment of such committees, and the functions thereof, as the Board deemsnecessary or expedient in facilitating the business and purposes of the Agency;

(9)        The Board shall beresponsible for all management functions of the Agency. The chairman shallserve as the chief executive officer, and shall have the responsibility ofexecuting the policies of the Board. The Executive Director shall be the chiefoperating and administrative officer and shall be responsible for carrying outthe decisions made by the Board and its chairman. The Executive Director shallbe appointed by the Governor upon the recommendation of the Board and shallserve at the pleasure of the Governor. The salary of the Executive Directorshall be fixed by the General Assembly in the Current Operations AppropriationsAct. Subject to the provisions of the State Personnel Act and with the approvalof the Board, the Executive Director may appoint, employ, dismiss and fix thecompensation of such professional, administrative, clerical and other employeesas the Board deems necessary to carry out the purposes of this Part; but anyemployee who serves as the director of any division of the Agency which may beestablished by the Board shall be appointed with the additional approval of theSecretary of Administration. There shall be an executive committee consistingof three of the appointed members and three of the ex officio members electedby the Board and the chairman of the Board, who shall serve as chairman of theexecutive committee. The executive committee may do all acts which areauthorized by the bylaws of the Agency. Members of the executive committeeshall serve until their successors are elected;

(10)      May do any and allother acts and things in this Part authorized or required to be done, whetheror not included in the general powers in this section; and

(11)      May do any and allthings necessary to accomplish the purposes of this Part.

Nothing herein authorizes theAgency to exercise any control over any public noncommercial broadcastlicensee, its staff or facilities or over any community antenna televisionsystem (Cable TV; CATV), its staff, employees or facilities operating in NorthCarolina, or the Police Information Network (PIN), its staff, employees orfacilities or the Judicial Department.

The property of the Agencyshall not be subject to any taxes or assessments. (1979, c. 900, s. 1; 1983, c.666; c. 717, s. 82; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1985, c. 122, ss.3, 4; 1985 (Reg. Sess., 1986), c. 955, ss. 99‑101; 2006‑203, s.107.)