State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-22

§ 131E‑22.  Removalof commissioners.

(a)        The appointing authority, as stated in G.S. 131E‑18,may remove a commissioner for inefficiency, neglect of duty, or misconduct inoffice. A commissioner may be removed only after he or she has been given acopy of the charges and provided the opportunity to be heard in person or bycounsel. A commissioner is entitled to at least 10 days after receipt of thenotice to prepare for a hearing before the mayor or the chairman of the county.

(b)        An obligee of the authority may file with the mayor or thechairman of the county board of commissioners written charges that theauthority is willfully violating the laws of the State or a term, provision, orcovenant to any contract to which the authority is a party. The mayor or thechairman of the county board of commissioners shall give each of thecommissioners a copy of the charges at least 10 days prior to the hearing onthe charges. The commissioners shall be provided an opportunity to be heard inperson or by counsel. The mayor or the chairman of the county board ofcommissioners shall, within 15 days after receipt of the charges, remove anycommissioners of the authority who are found to have acquiesced in any willfulviolation. If a commissioner has not filed a written statement before thehearing with the authority stating his or her objections to or lack ofparticipation in the violation, the commissioner shall be deemed to haveacquiesced in a willful violation.

(c)        If, after due and diligent search, a commissioner to whomcharges are required to be delivered cannot be found within the county wherethe authority is located, the charges shall be deemed to be served upon thecommissioner when it is mailed to the commissioner at the commissioner's lastknown address as the same appears on the records of the authority.

(d)        In the event of the removal of any commissioner, the mayorshall file in the office of the city clerk, or the chairman of the county boardof commissioners shall file with the county clerk, a record of the proceedingstogether with the charges against the commissioner and the findings. (1943, c. 780, s. 8; 1971, c. 799; 1983, c. 775, s.1.)