§ 8061 - Establishment of authority; organization - Vermont Statutes

§ 8061. Establishment of authority; organization

(a) The Vermont telecommunications authority is hereby created and established as a body corporate and politic and a public instrumentality of the state. The exercise by the authority of the powers conferred upon it in this chapter constitutes the performance of essential governmental functions.

(b) The authority shall have a board of directors of 11 members selected as follows:

(1) The state treasurer or his or her designee;

(2) The secretary of administration or his or her designee;

(3) The manager of the Vermont economic development authority or his or her designee;

(4) Two at-large members appointed by the speaker of the house, who may not be members of the general assembly at the time of appointment;

(5) Two at-large members appointed by the committee on committees of the senate, who may not be members of the general assembly at the time of appointment;

(6) Two at-large members appointed by the governor, who may not be employees or officers of the state at the time of appointment; and

(7) Two at-large members appointed jointly by the governor, the speaker of the house, and the president pro tem of the senate, who shall be chair and vice chair of the board of directors, and who may not be members of the general assembly or employees or officers of the state at the time of appointment.

(c) The authority's powers are vested in the board of directors, and a quorum shall consist of six members. No action of the authority shall be considered valid unless the action is supported by a majority vote of the members present and voting and then only if at least five members vote in favor of the action.

(d) In making appointments of at-large members and the chair, the appointing authorities shall give consideration to citizens of the state with knowledge of telecommunications technology, telecommunications regulatory law, transportation rights-of-way and infrastructure, finance, and environmental permitting. However, the six at-large members, the chair, and the vice chair may not be persons with a financial interest in or owners or employees of an enterprise that provides broadband or cellular service or that is seeking in-kind or financial support from the authority. The six at-large members, the chair and the vice chair shall serve terms of four years beginning July 1 of the year of appointment. However, two of the at-large members first appointed by the speaker, and two of the at-large members first appointed by the committee on committees shall serve an initial term of two years. Any vacancy occurring among the at-large members, the chair or the vice chair shall be filled by the respective appointing authority and be filled for the balance of the unexpired term. A member may be reappointed.

(e) The authority shall hire and employ an executive director who shall serve as the authority's chief administrative officer and shall direct and supervise the authority's administrative affairs and technical activities in accordance with any rules, regulations, and policies set forth by the authority. In addition to any other duties, the executive director shall:

(1) Attend all meetings of the authority, act as its secretary, and keep minutes of its proceedings;

(2) Approve all accounts of the authority, including but not limited to accounts for salaries, per diems, and allowable expenses of any employee or consultant thereof and expenses incidental to the operation of the authority;

(3) Make an annual report to the authority documenting the actions of the authority and such other reports as the authority may request;

(4) Perform such other duties as may be directed by the authority in the carrying out of the purposes of this chapter.

(f) Except for those members otherwise regularly employed by the state, the compensation of the authority's members shall be the same as that provided by subsection 1010(a) of Title 32. All members of the authority, including those members otherwise regularly employed by the state, shall receive their actual and necessary expenses when away from home or office upon their official duties. (Added 2007, No. 79, § 1, eff. June 9, 2007.)