§ 159B‑10. Executive committee, composition; powers and duties; terms.
(a) The board of commissioners of a joint agency may create anexecutive committee by resolution. The board may provide for the compositionand terms of office of, and the method of filling vacancies on, the executivecommittee. The executive committee may include representatives of the jointagency, representatives of any other joint agency, and any other persons. Theexecutive committee of a joint agency may simultaneously act as the executivecommittee of any other joint agency or agencies, or joint municipal assistanceagency or agencies, if so provided by all such entities, and also maysimultaneously act as the sole governing board of any joint municipalassistance agency created by two or more joint agencies pursuant to G.S. 159B‑45if so provided by all such joint agencies. An executive committee acting as thesole governing board of a joint municipal assistance agency shall not besubject to the limitations on the powers and authority of executive committeesset forth in subsection (b) of this section.
(b) Except as limited by resolution of the board ofcommissioners creating an executive committee and except as otherwise providedin this subsection, an executive committee shall have and shall exercise all ofthe powers and authority of the board of commissioners creating the executivecommittee. However, the executive committee shall not have the power orauthority to (i) amend any resolution of the board of commissioners of the jointagency relating to the creation of the executive committee or providing for itspowers or authority; or (ii) adopt or amend a budget. Any rate for a jointagency adopted by an executive committee may be rejected, within 30 daysfollowing the adoption of the rate, by a vote of two‑thirds in number ofthe commissioners representing the joint agency members affected by the rate.In the event that any rate is rejected in this manner, the executive committeeshall, within 10 days following the action on the part of the commissioners,adopt a second rate for that joint agency, which may be the same rate aspreviously adopted. This second rate may be rejected, within 10 days followingthe adoption of the rate, by a vote of two‑thirds in number of thecommissioners representing the joint agency members affected by the rate. If asecond rate adopted by the executive committee is rejected in this manner, theboard of commissioners of the affected joint agency shall, acting by weightedvote, adopt a rate for the joint agency which is sufficient at least to complywith the requirements of G.S. 159B‑17(b). No such rate adopted by theexecutive committee shall become effective so long as it is subject torejection by commissioners of a joint agency as provided for in thissubsection. However, if the executive committee determines that theestablishment of a rate is required within 50 days to enable a joint agency tosatisfy the requirements of G.S. 159B‑17(b), the rate adopted by theexecutive committee shall be effective until changed by the executive committeeor board of commissioners in accordance with this subsection.
(c) Each member of the executive committee shall have one voteand shall serve at the pleasure of the governing board by which the member wasappointed. Before performing duties as a member, each member shall take andsubscribe to an oath before some person authorized by law to administer oathsto execute the duties of the office faithfully and impartially, and a record ofeach oath shall be filed with the governing board appointing the member andspread upon its minutes. The office of a member of an executive committee maybe held by the holders of any office, place of trust or profit in addition toand concurrently with those offices permitted by G.S. 128‑1.1 and otheroffices permitted by law.
(d) The executive committee shall annually elect from itsmembership a chair and vice‑chair, and shall elect another person orpersons, who need not be members, to serve as secretary and, if desired,assistant secretary. The secretary or any assistant secretary of the executivecommittee shall keep a record of the proceedings of the executive committee,and the secretary shall be the custodian of all records, books, documents, andpapers filed with the executive committee, as well as the minute book orjournal of the executive committee. Either the secretary or the assistantsecretary of the executive committee may cause copies to be made of all minutesand other records and documents of the executive committee and may givecertificates of the executive committee to the effect that the copies are truecopies, and all persons dealing with the executive committee may rely uponthose certificates.
(e) A majority of the members of an executive committee thenserving shall constitute a quorum. A vacancy on the executive committee shallnot impair the right of a quorum to exercise all the rights and perform all theduties of the executive committee. Any action taken by the executive committeeunder the provisions of this Chapter may be authorized by resolution at anyregular or special meeting, and each such resolution may take effectimmediately and need not be published or posted. A vote of the majority of themembers present shall be necessary and sufficient to take any action or to passany resolution, provided that those members present are entitled to cast amajority of the votes of all members of the executive committee.
(f) Members of the executive committee, and of any subcommitteecreated by the executive committee, may receive compensation and be paidexpenses for the performance of their duties as determined by the board orboards of commissioners creating that executive committee. However, for anymember of an executive committee who is an employee of a municipality, apayment in lieu of any compensation shall be made to the municipality fordistribution to the executive committee member in the manner and amount, ifany, it deems appropriate. An executive committee for more than one entity maybe referred to as a board of directors of any or each of those entities. (1975, c. 186, s. 1; 1977, c. 385, s. 5; 1995, c. 412,s. 6.)
§ 159B‑10. Executive committee, composition; powers and duties; terms.
(a) The board of commissioners of a joint agency may create anexecutive committee by resolution. The board may provide for the compositionand terms of office of, and the method of filling vacancies on, the executivecommittee. The executive committee may include representatives of the jointagency, representatives of any other joint agency, and any other persons. Theexecutive committee of a joint agency may simultaneously act as the executivecommittee of any other joint agency or agencies, or joint municipal assistanceagency or agencies, if so provided by all such entities, and also maysimultaneously act as the sole governing board of any joint municipalassistance agency created by two or more joint agencies pursuant to G.S. 159B‑45if so provided by all such joint agencies. An executive committee acting as thesole governing board of a joint municipal assistance agency shall not besubject to the limitations on the powers and authority of executive committeesset forth in subsection (b) of this section.
(b) Except as limited by resolution of the board ofcommissioners creating an executive committee and except as otherwise providedin this subsection, an executive committee shall have and shall exercise all ofthe powers and authority of the board of commissioners creating the executivecommittee. However, the executive committee shall not have the power orauthority to (i) amend any resolution of the board of commissioners of the jointagency relating to the creation of the executive committee or providing for itspowers or authority; or (ii) adopt or amend a budget. Any rate for a jointagency adopted by an executive committee may be rejected, within 30 daysfollowing the adoption of the rate, by a vote of two‑thirds in number ofthe commissioners representing the joint agency members affected by the rate.In the event that any rate is rejected in this manner, the executive committeeshall, within 10 days following the action on the part of the commissioners,adopt a second rate for that joint agency, which may be the same rate aspreviously adopted. This second rate may be rejected, within 10 days followingthe adoption of the rate, by a vote of two‑thirds in number of thecommissioners representing the joint agency members affected by the rate. If asecond rate adopted by the executive committee is rejected in this manner, theboard of commissioners of the affected joint agency shall, acting by weightedvote, adopt a rate for the joint agency which is sufficient at least to complywith the requirements of G.S. 159B‑17(b). No such rate adopted by theexecutive committee shall become effective so long as it is subject torejection by commissioners of a joint agency as provided for in thissubsection. However, if the executive committee determines that theestablishment of a rate is required within 50 days to enable a joint agency tosatisfy the requirements of G.S. 159B‑17(b), the rate adopted by theexecutive committee shall be effective until changed by the executive committeeor board of commissioners in accordance with this subsection.
(c) Each member of the executive committee shall have one voteand shall serve at the pleasure of the governing board by which the member wasappointed. Before performing duties as a member, each member shall take andsubscribe to an oath before some person authorized by law to administer oathsto execute the duties of the office faithfully and impartially, and a record ofeach oath shall be filed with the governing board appointing the member andspread upon its minutes. The office of a member of an executive committee maybe held by the holders of any office, place of trust or profit in addition toand concurrently with those offices permitted by G.S. 128‑1.1 and otheroffices permitted by law.
(d) The executive committee shall annually elect from itsmembership a chair and vice‑chair, and shall elect another person orpersons, who need not be members, to serve as secretary and, if desired,assistant secretary. The secretary or any assistant secretary of the executivecommittee shall keep a record of the proceedings of the executive committee,and the secretary shall be the custodian of all records, books, documents, andpapers filed with the executive committee, as well as the minute book orjournal of the executive committee. Either the secretary or the assistantsecretary of the executive committee may cause copies to be made of all minutesand other records and documents of the executive committee and may givecertificates of the executive committee to the effect that the copies are truecopies, and all persons dealing with the executive committee may rely uponthose certificates.
(e) A majority of the members of an executive committee thenserving shall constitute a quorum. A vacancy on the executive committee shallnot impair the right of a quorum to exercise all the rights and perform all theduties of the executive committee. Any action taken by the executive committeeunder the provisions of this Chapter may be authorized by resolution at anyregular or special meeting, and each such resolution may take effectimmediately and need not be published or posted. A vote of the majority of themembers present shall be necessary and sufficient to take any action or to passany resolution, provided that those members present are entitled to cast amajority of the votes of all members of the executive committee.
(f) Members of the executive committee, and of any subcommitteecreated by the executive committee, may receive compensation and be paidexpenses for the performance of their duties as determined by the board orboards of commissioners creating that executive committee. However, for anymember of an executive committee who is an employee of a municipality, apayment in lieu of any compensation shall be made to the municipality fordistribution to the executive committee member in the manner and amount, ifany, it deems appropriate. An executive committee for more than one entity maybe referred to as a board of directors of any or each of those entities. (1975, c. 186, s. 1; 1977, c. 385, s. 5; 1995, c. 412,s. 6.)
§ 159B‑10. Executive committee, composition; powers and duties; terms.
(a) The board of commissioners of a joint agency may create anexecutive committee by resolution. The board may provide for the compositionand terms of office of, and the method of filling vacancies on, the executivecommittee. The executive committee may include representatives of the jointagency, representatives of any other joint agency, and any other persons. Theexecutive committee of a joint agency may simultaneously act as the executivecommittee of any other joint agency or agencies, or joint municipal assistanceagency or agencies, if so provided by all such entities, and also maysimultaneously act as the sole governing board of any joint municipalassistance agency created by two or more joint agencies pursuant to G.S. 159B‑45if so provided by all such joint agencies. An executive committee acting as thesole governing board of a joint municipal assistance agency shall not besubject to the limitations on the powers and authority of executive committeesset forth in subsection (b) of this section.
(b) Except as limited by resolution of the board ofcommissioners creating an executive committee and except as otherwise providedin this subsection, an executive committee shall have and shall exercise all ofthe powers and authority of the board of commissioners creating the executivecommittee. However, the executive committee shall not have the power orauthority to (i) amend any resolution of the board of commissioners of the jointagency relating to the creation of the executive committee or providing for itspowers or authority; or (ii) adopt or amend a budget. Any rate for a jointagency adopted by an executive committee may be rejected, within 30 daysfollowing the adoption of the rate, by a vote of two‑thirds in number ofthe commissioners representing the joint agency members affected by the rate.In the event that any rate is rejected in this manner, the executive committeeshall, within 10 days following the action on the part of the commissioners,adopt a second rate for that joint agency, which may be the same rate aspreviously adopted. This second rate may be rejected, within 10 days followingthe adoption of the rate, by a vote of two‑thirds in number of thecommissioners representing the joint agency members affected by the rate. If asecond rate adopted by the executive committee is rejected in this manner, theboard of commissioners of the affected joint agency shall, acting by weightedvote, adopt a rate for the joint agency which is sufficient at least to complywith the requirements of G.S. 159B‑17(b). No such rate adopted by theexecutive committee shall become effective so long as it is subject torejection by commissioners of a joint agency as provided for in thissubsection. However, if the executive committee determines that theestablishment of a rate is required within 50 days to enable a joint agency tosatisfy the requirements of G.S. 159B‑17(b), the rate adopted by theexecutive committee shall be effective until changed by the executive committeeor board of commissioners in accordance with this subsection.
(c) Each member of the executive committee shall have one voteand shall serve at the pleasure of the governing board by which the member wasappointed. Before performing duties as a member, each member shall take andsubscribe to an oath before some person authorized by law to administer oathsto execute the duties of the office faithfully and impartially, and a record ofeach oath shall be filed with the governing board appointing the member andspread upon its minutes. The office of a member of an executive committee maybe held by the holders of any office, place of trust or profit in addition toand concurrently with those offices permitted by G.S. 128‑1.1 and otheroffices permitted by law.
(d) The executive committee shall annually elect from itsmembership a chair and vice‑chair, and shall elect another person orpersons, who need not be members, to serve as secretary and, if desired,assistant secretary. The secretary or any assistant secretary of the executivecommittee shall keep a record of the proceedings of the executive committee,and the secretary shall be the custodian of all records, books, documents, andpapers filed with the executive committee, as well as the minute book orjournal of the executive committee. Either the secretary or the assistantsecretary of the executive committee may cause copies to be made of all minutesand other records and documents of the executive committee and may givecertificates of the executive committee to the effect that the copies are truecopies, and all persons dealing with the executive committee may rely uponthose certificates.
(e) A majority of the members of an executive committee thenserving shall constitute a quorum. A vacancy on the executive committee shallnot impair the right of a quorum to exercise all the rights and perform all theduties of the executive committee. Any action taken by the executive committeeunder the provisions of this Chapter may be authorized by resolution at anyregular or special meeting, and each such resolution may take effectimmediately and need not be published or posted. A vote of the majority of themembers present shall be necessary and sufficient to take any action or to passany resolution, provided that those members present are entitled to cast amajority of the votes of all members of the executive committee.
(f) Members of the executive committee, and of any subcommitteecreated by the executive committee, may receive compensation and be paidexpenses for the performance of their duties as determined by the board orboards of commissioners creating that executive committee. However, for anymember of an executive committee who is an employee of a municipality, apayment in lieu of any compensation shall be made to the municipality fordistribution to the executive committee member in the manner and amount, ifany, it deems appropriate. An executive committee for more than one entity maybe referred to as a board of directors of any or each of those entities. (1975, c. 186, s. 1; 1977, c. 385, s. 5; 1995, c. 412,s. 6.)
