State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-18

§ 131E‑18. Commissioners.

(a)        The mayor or the chairman of the county board shall appointthe commissioners of the authority. There shall be not less than six and notmore than 30 commissioners. Upon a finding that it is in the public interest,the commissioners may adopt a resolution increasing or decreasing the number ofcommissioners by a fixed number; Provided that no decrease in the number ofcommissioners shall shorten a commissioner's term. A certified copy of theresolution and a list of nominees shall be submitted to the mayor or thechairman of the county board of commissioners for appointments in accordancewith the procedures set forth in subsection (d) of this section.

(b)        For the initial appointments of commissioners, one‑thirdof the commissioners shall be appointed for a term of one year, one‑thirdfor a term of two years, and one‑third for a term of three years toachieve staggered terms. All subsequent appointments shall be for three‑yearterms. A commissioner shall hold office until a successor has been appointedand qualified. Vacancies from resignation or removal from office shall befilled for the unexpired portion of the term.

(c)        The mayor or the chairman of the county board ofcommissioners  shall name the first chair of the authority. Thereafter, thecommissioners shall elect each subsequent chair from their members. Thecommissioners shall elect from their members the first vice‑chair and allsubsequent vice‑chairs.

(d)        When a commissioner resigns, is removed from office,completes a term of office, or when there is an increase in the number ofcommissioners, the remaining commissioners shall submit to the mayor or thechairman of the county board of commissioners a list of nominees forappointment to the commission. The mayor or the chairman of the county board ofcommissioners shall appoint, only from the nominees, the number ofcommissioners necessary to fill all vacancies. However, the mayor or thechairman of the county board of commissioners may require the commissioners tosubmit as many additional lists of nominees as he or she may desire.

(e)        The mayor shall file with the city clerk, or the chairman ofthe county board of commissioners shall file with the county clerk, acertificate of appointment or reappointment of a commissioner. The certificateshall be conclusive evidence of the due and proper appointment of thecommissioner.

(f)         Commissioners shall receive no compensation for theirservices, but they shall be entitled to reimbursement for necessary expenses,including travel expenses, incurred in the discharge of their duties.

(g)        For a county with a population of less than 75,000,according to the most recent decennial federal census, the following exceptionsto the provisions of this section shall apply:

(1)        The commissioners shall be appointed by the county board ofcommissioners rather than the chairman of the county board of commissioners;

(2)        In making appointments under subsection (d) of this section,the county board of commissioners shall consider the nominations of thecommissioners of the authority, but the county board of the commissioners isnot bound by the nominations and may choose any qualified person.

Theforegoing exceptions shall not apply when a county with a population of lessthan 75,000 jointly establishes a hospital authority with a city.

(h)        A majority of the commissioners shall constitute a quorum. (1943, c. 780, s. 5; 1971, c. 799; 1973, c. 792; 1981,c. 525, s. 1; 1983, c. 775, s. 1.)