§ 143B-452. Creation of Authority - membership; appointment, terms and vacancies; officers; meetings and quorum; compensation. - North Carolina Statutes

Part 10.  North Carolina State Ports Authority.

§ 143B‑452.  Creation of Authority – membership;appointment, terms and vacancies; officers; meetings and quorum; compensation.

(a)        The North Carolina State Ports Authority is hereby created.It shall be governed by a board composed of nine members and hereby designatedas the Authority. Effective July 1, 1983, it shall be governed by a boardcomposed of 11 members and hereby designated as the Authority. The GeneralAssembly suggests and recommends that no person be appointed to the Authoritywho is domiciled in the district of the North Carolina House of Representativesor the North Carolina Senate in which a State port is located. The Governorshall appoint seven members to the Authority, and the General Assembly shallappoint two members of the Authority. Effective July 1, 1983, the Authorityshall consist of seven persons appointed by the Governor, and four personsappointed by the General Assembly. Effective July 1, 1989, the Governor shallappoint six members to the Authority, in addition to the Secretary of Commerce,who shall serve as a voting member of the Authority by virtue of his office.The Secretary of Commerce shall fill the first vacancy occurring after July 1,1989, in a position on the Authority over which the Governor has appointivepower.

(b)        The initial appointments by the Governor shall be made on orafter March 8, 1977, two terms to expire July 1, 1979; two terms to expire July1, 1981; and three terms to expire July 1, 1983. Thereafter, at the expirationof each stipulated term of office all appointments made by the Governor shallbe for a term of six years.

(c)        To stagger further the terms of members:

(1)        Of the members appointed by the Governor to replace themembers whose terms expire on July 1, 1991, one member shall be appointed to aterm of five years, to expire on June 30, 1996; the other member shall beappointed for a term of six years, to expire on June 30, 1997;

(2)        Of the members appointed by the Governor to replace themembers whose terms expire on July 1, 1993, one member shall be appointed to aterm of five years, to expire on June 30, 1998; the other member shall beappointed to a term of six years, to expire on June 30, 1999;

(3)        Of those members appointed by the Governor to replace themembers whose terms expire on July 1, 1995, one member shall be appointed to aterm of five years, to expire on June 30, 2000; the other member shall beappointed to a term of six years, to expire on June 30, 2001.

Thereafter,at the expiration of each stipulated term of office all appointments made bythe governor shall be for a term of six years.

(d)        The members of the Authority appointed by the Governor shallbe selected from the State‑at‑large and insofar as practicableshall represent each section of the State in all of the business, agriculture,and industrial interests of the State. At least one member appointed by theGovernor shall be affiliated with a major exporter or importer currently usingthe State Ports. Any vacancy occurring in the membership of the Authorityappointed by the Governor shall be filled by the Governor for the unexpiredterm. The Governor may remove a member appointed by the Governor only forreasons provided by G.S. 143B‑13.

(e)        The General Assembly shall appoint two persons to serveterms expiring June 30, 1983. The General Assembly shall appoint four personsto serve terms beginning July 1, 1983, to serve until June 30, 1985, andsuccessors shall serve for two‑year terms. Of the two appointments to bemade in 1982, one shall be made upon the recommendation of the Speaker, and oneshall be made upon the recommendation of the President of the Senate. Of thefour appointments made in 1983 and biennially thereafter, two shall be madeupon the recommendation of the President of the Senate, and two shall be madeupon the recommendation of the Speaker. To stagger further the terms ofmembers:

(1)        Of the members appointed upon the recommendation of theSpeaker to replace the members whose terms expire on June 30, 1991, one membershall be appointed to a term of one year, to expire on June 30, 1992; the othermember shall be appointed to a term of two years, to expire on June 30, 1993;

(2)        Of the members appointed upon the recommendation of thePresident of the Senate to replace the members whose terms expire on June 30,1991, one member shall be appointed to a term of one year, to expire on June30, 1992; the other member shall be appointed to a term of two years, to expireon June 30, 1993. Successors to these persons for terms beginning on or afterJanuary 1, 1997, shall be appointed by the General Assembly upon therecommendation of the President Pro Tempore of the Senate.

Thereafter,at the expiration of each stipulated term of office all appointments made bythe General Assembly shall be for terms of two years.

(f)         Appointments by the General Assembly shall be made inaccordance with G.S. 120‑121, and vacancies in those appointments shallbe filled in accordance with G.S. 120‑122. Members appointed by theGeneral Assembly may be removed only for reasons provided by G.S. 143B‑13.

(g)        The Governor shall appoint from the members of the Authoritythe chairman and vice‑chairman of the Authority. The members of theAuthority shall appoint a treasurer and secretary of the Authority.

(h)        The Authority shall meet once in each 60 days at suchregular meeting time as the Authority by rule may provide and at any placewithin the State as the Authority may provide, and shall also meet upon thecall of its chairman or a majority of its members. A majority of its membersshall constitute a quorum for the transaction of business. The members of theAuthority shall not be entitled to compensation for their services, but theyshall receive per diem and necessary travel and subsistence expense inaccordance with G.S. 138‑5. No member of the Authority may participate inany discussion or vote on any matter before the Authority on which the memberhas a conflict of interest. (1945, c. 1097, s. 1; 1949, c. 892, s. 1; 1953, c. 191, s. 1; 1959, c.523, s. 1; 1961, c. 242; 1975, c. 716, s. 2; 1977, c. 65, s. 1; c. 198, s. 9;1981 (Reg. Sess., 1982), c. 1191, ss. 69‑71; 1983, c. 717, s. 2.1; 1989,c. 273, s. 2; c. 751, s. 8(25); 1989 (Reg. Sess., 1990), c. 1072; 1991 (Reg.Sess., 1992), c. 959, s. 70; 1995, c. 490, s. 54; 1997‑235, s. 1; 1997‑456,s. 27.)