38-1002

38-1002. Merit system council for law
enforcement officers

A. In each county coming within the provisions of this article, there shall be a
merit system council which shall consist of five members appointed by the board of
supervisors of the county. No more than three members shall belong to the same political
party and all members shall be persons having recognized knowledgeable interest in the
merit principles of personnel administration, and are prohibited from delegating their
authority.

B. In each city or town adopting the provisions of this article, there shall be a
merit system council which shall consist of five members appointed by the governing body
of such city or town. No more than three members shall belong to the same political
party and all members shall be persons having recognized knowledgeable interest in the
merit principles of personnel administration.

C. The term of each member of a council shall be five years, one term to expire
December 31 each year, except that a member shall continue to serve until his successor
is duly appointed and qualified. Of the members of the council first appointed, one
shall be appointed for a term ending December 31, 1970, and one each for terms ending
one, two, three and four years thereafter. Upon the expiration of the term of a member a
successor shall be appointed for a full term of five years. Appointment to fill a
vacancy resulting other than from expiration of term shall be for the unexpired portion
of the term only.

D. The council shall hold regular quarterly meetings and in addition, may hold such
special meetings as the chairman of the council deems necessary. A chairman and
vice-chairman shall be elected by the members of the council in January of each year and
the chairman shall not be permitted to succeed himself. Meetings of the council shall be
open to the public and executive sessions may be held as provided by law.

E. Any one of the following shall constitute the resignation of a council member
and authorize the appointing authority to appoint a new member to fill the unexpired
portion of the term so vacated:

1. Absence from three consecutive quarterly meetings.

2. Becoming a candidate for any elective public office.

3. Accepting any appointive office or employment in the service of the state, or a
county, city or town.

F. Members of the council shall receive subsistence and travel expenses incurred
while traveling from their places of residence to the place meetings are held or in the
performance of other duties of the council in the same manner as is provided by law for
state officers.