§ 162A-5. Members of authority; organization; quorum. - North Carolina Statutes

§ 162A‑5.  Members ofauthority; organization; quorum.

(a)        Each authorityorganized under this Article shall consist of the number of members as may beagreed upon by the participating political subdivisions, such members to beselected by the respective political subdivision. A proportionate number (asnearly as can be) of members of the authority first appointed shall have termsexpiring one year, two years and three years respectively from the date onwhich the creation of the authority becomes effective. Successor members andmembers appointed by a political subdivision subsequently joining the authorityshall each be appointed for a term of three years, but any person appointed tofill the vacancy shall be appointed to serve only for the unexpired term andany member may be reappointed; provided, however, that a political subdivisionsubsequently joining an authority created under G.S. 162A‑3.1, or underthe provisions of G.S. 162A‑3 other than subsection (a1), shall not havethe right to appoint any members to such authority. Appointments of successormembers shall, in each instance, be made by the governing body of the politicalsubdivision appointing the member whose successor is to be appointed. Anymember of the authority may be removed, with or without cause, by the governingbody appointing said member. This subsection does not apply in the case of anauthority that a city joins under G.S. 162A‑5.1.

(b)        Each authorityorganized under this Article that a city has joined under G.S. 162A‑5.1shall consist of the number of members provided by that section, such membersto be selected as provided by that section. Two each of the members of theauthority first appointed after a city has joined under G.S. 162A‑5.1shall have terms expiring one year and two years respectively from the date onwhich the certificate of joinder was issued, and three of the members of theauthority first appointed after a city has joined under G.S. 162A‑5.1shall have terms expiring three years from the date on which the certificate ofjoinder was issued. Such designation shall be made by the authority by lot atthe meeting where members take their oaths of office. Successor members shalleach be appointed for a term of three years to commence on the day that theterms of the prior members' terms expire, but any person appointed to fill avacancy shall be appointed to serve only for the unexpired term and any membermay be reappointed. Appointments of successor members shall, in each instance,be made by the governing body of the political subdivision appointing themember whose successor is to be appointed. Any member of the authority may beremoved, with or without cause, by the governing body appointing said member.

(c)        Each member of theauthority before entering upon his duties shall take and subscribe an oath oraffirmation to support the Constitution of the United States and of this Stateand to discharge faithfully the duties of his office, and a record of each suchoath shall be filed with the secretary of the authority.

The authority shall select oneof its members as chairman and another as vice‑chairman and shall alsoselect a secretary and a treasurer who may but need not be members of theauthority. The offices of secretary and treasurer may be combined. The terms ofoffice of the chairman, vice‑chairman, secretary and treasurer shall beas provided in the bylaws of the authority.

A majority of the members ofthe authority shall constitute a quorum and the affirmative vote of a majorityof all of the members of the authority shall be necessary for any action takenby the authority. No vacancy in the membership of the authority shall impairthe right of a quorum to exercise all the rights and perform all of the dutiesof the authority. The members of the authority may be paid a per diemcompensation set by the authority which per diem may not exceed the totalamount of four thousand dollars ($4,000) annually, and shall be reimbursed forthe amount of actual expenses incurred by them in the performance of theirduties. (1955,c. 1195, s. 5; 1969, c. 850; 1971, c. 892, s. 1; 1975, c. 224, ss. 3, 4; 1995,c. 207, s. 3; 1999‑456, s. 43; 2001‑224, s. 2.1; 2005‑127, s.2; 2006‑226, s. 29.)