State Codes and Statutes

Statutes > North-carolina > Chapter_138A > GS_138A-7

§ 138A‑7.  Membership.

(a)        The Commissionshall consist of eight members. Four members shall be appointed by theGovernor, of whom no more than two shall be of the same political party. Fourmembers shall be appointed by the General Assembly, two upon the recommendationof the Speaker of the House of Representatives, neither of whom shall be of thesame political party, and two upon the recommendation of the President ProTempore of the Senate, neither of whom shall be of the same political party.Members shall serve for four‑year terms, beginning January 1, 2007,except for the initial terms that shall be as follows:

(1)        Two membersappointed by the Governor shall serve an initial term of one year.

(2)        Two membersappointed by the General Assembly, one upon the recommendation of the Speakerof the House of Representatives and one upon the recommendation of thePresident Pro Tempore of the Senate, shall serve initial terms of two years.

(3)        Two membersappointed by the Governor shall serve initial terms of three years.

(4)        Two membersappointed by the General Assembly, one upon the recommendation of the Speakerof the House of Representatives and one member upon the recommendation of thePresident Pro Tempore of the Senate, shall serve initial terms of four years.

(b)        Members shall beremoved from the Commission only for misfeasance, malfeasance, or nonfeasance.Members appointed by the Governor may be removed by the Governor. Membersappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives shall be removed by the Governor upon therecommendation of the Speaker. Members appointed by the General Assembly uponthe recommendation of the President Pro Tempore of the Senate shall be removedby the Governor upon the recommendation of the President Pro Tempore.

(c)        Vacancies inappointments made by the Governor shall be filled by the Governor for theremainder of any unfulfilled term. Vacancies in appointments made by theGeneral Assembly shall be filled in accordance with G.S. 120‑122 for theremainder of any unfulfilled term.

(d)        No member whileserving on the Commission or employee while employed by the Commission shall:

(1)        Hold or be acandidate for any other office or place of trust or profit under the UnitedStates, the State, or a political subdivision of the State.

(2)        Hold office in anypolitical party above the precinct level.

(3)        Participate in orcontribute to the political campaign of any covered person or any candidate fora public office as a covered person over which the Commission would havejurisdiction or authority.

(4)        Otherwise be anemployee of the State, a community college, or a local school system, or serveas a member of any other State board.

(e)        The Governor shallannually appoint a member of the Commission to serve as chair of theCommission. The Commission shall elect a vice‑chair annually from itsmembership. The vice‑chair shall act as the chair in the chair's absenceor if there is a vacancy in that position.

(f)         Members of theCommission shall receive no compensation for service on the Commission butshall be reimbursed for subsistence, travel, and convention registration feesas provided under G.S. 138‑5 or 138‑7, as applicable. (2006‑201, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_138A > GS_138A-7

§ 138A‑7.  Membership.

(a)        The Commissionshall consist of eight members. Four members shall be appointed by theGovernor, of whom no more than two shall be of the same political party. Fourmembers shall be appointed by the General Assembly, two upon the recommendationof the Speaker of the House of Representatives, neither of whom shall be of thesame political party, and two upon the recommendation of the President ProTempore of the Senate, neither of whom shall be of the same political party.Members shall serve for four‑year terms, beginning January 1, 2007,except for the initial terms that shall be as follows:

(1)        Two membersappointed by the Governor shall serve an initial term of one year.

(2)        Two membersappointed by the General Assembly, one upon the recommendation of the Speakerof the House of Representatives and one upon the recommendation of thePresident Pro Tempore of the Senate, shall serve initial terms of two years.

(3)        Two membersappointed by the Governor shall serve initial terms of three years.

(4)        Two membersappointed by the General Assembly, one upon the recommendation of the Speakerof the House of Representatives and one member upon the recommendation of thePresident Pro Tempore of the Senate, shall serve initial terms of four years.

(b)        Members shall beremoved from the Commission only for misfeasance, malfeasance, or nonfeasance.Members appointed by the Governor may be removed by the Governor. Membersappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives shall be removed by the Governor upon therecommendation of the Speaker. Members appointed by the General Assembly uponthe recommendation of the President Pro Tempore of the Senate shall be removedby the Governor upon the recommendation of the President Pro Tempore.

(c)        Vacancies inappointments made by the Governor shall be filled by the Governor for theremainder of any unfulfilled term. Vacancies in appointments made by theGeneral Assembly shall be filled in accordance with G.S. 120‑122 for theremainder of any unfulfilled term.

(d)        No member whileserving on the Commission or employee while employed by the Commission shall:

(1)        Hold or be acandidate for any other office or place of trust or profit under the UnitedStates, the State, or a political subdivision of the State.

(2)        Hold office in anypolitical party above the precinct level.

(3)        Participate in orcontribute to the political campaign of any covered person or any candidate fora public office as a covered person over which the Commission would havejurisdiction or authority.

(4)        Otherwise be anemployee of the State, a community college, or a local school system, or serveas a member of any other State board.

(e)        The Governor shallannually appoint a member of the Commission to serve as chair of theCommission. The Commission shall elect a vice‑chair annually from itsmembership. The vice‑chair shall act as the chair in the chair's absenceor if there is a vacancy in that position.

(f)         Members of theCommission shall receive no compensation for service on the Commission butshall be reimbursed for subsistence, travel, and convention registration feesas provided under G.S. 138‑5 or 138‑7, as applicable. (2006‑201, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_138A > GS_138A-7

§ 138A‑7.  Membership.

(a)        The Commissionshall consist of eight members. Four members shall be appointed by theGovernor, of whom no more than two shall be of the same political party. Fourmembers shall be appointed by the General Assembly, two upon the recommendationof the Speaker of the House of Representatives, neither of whom shall be of thesame political party, and two upon the recommendation of the President ProTempore of the Senate, neither of whom shall be of the same political party.Members shall serve for four‑year terms, beginning January 1, 2007,except for the initial terms that shall be as follows:

(1)        Two membersappointed by the Governor shall serve an initial term of one year.

(2)        Two membersappointed by the General Assembly, one upon the recommendation of the Speakerof the House of Representatives and one upon the recommendation of thePresident Pro Tempore of the Senate, shall serve initial terms of two years.

(3)        Two membersappointed by the Governor shall serve initial terms of three years.

(4)        Two membersappointed by the General Assembly, one upon the recommendation of the Speakerof the House of Representatives and one member upon the recommendation of thePresident Pro Tempore of the Senate, shall serve initial terms of four years.

(b)        Members shall beremoved from the Commission only for misfeasance, malfeasance, or nonfeasance.Members appointed by the Governor may be removed by the Governor. Membersappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives shall be removed by the Governor upon therecommendation of the Speaker. Members appointed by the General Assembly uponthe recommendation of the President Pro Tempore of the Senate shall be removedby the Governor upon the recommendation of the President Pro Tempore.

(c)        Vacancies inappointments made by the Governor shall be filled by the Governor for theremainder of any unfulfilled term. Vacancies in appointments made by theGeneral Assembly shall be filled in accordance with G.S. 120‑122 for theremainder of any unfulfilled term.

(d)        No member whileserving on the Commission or employee while employed by the Commission shall:

(1)        Hold or be acandidate for any other office or place of trust or profit under the UnitedStates, the State, or a political subdivision of the State.

(2)        Hold office in anypolitical party above the precinct level.

(3)        Participate in orcontribute to the political campaign of any covered person or any candidate fora public office as a covered person over which the Commission would havejurisdiction or authority.

(4)        Otherwise be anemployee of the State, a community college, or a local school system, or serveas a member of any other State board.

(e)        The Governor shallannually appoint a member of the Commission to serve as chair of theCommission. The Commission shall elect a vice‑chair annually from itsmembership. The vice‑chair shall act as the chair in the chair's absenceor if there is a vacancy in that position.

(f)         Members of theCommission shall receive no compensation for service on the Commission butshall be reimbursed for subsistence, travel, and convention registration feesas provided under G.S. 138‑5 or 138‑7, as applicable. (2006‑201, s. 1.)