State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-700

Article 7.

Local ABC Boards.

§ 18B‑700.  Appointmentand organization of local ABC boards.

(a)        Membership. – Alocal ABC board shall consist of three members appointed for three‑yearterms, unless a different membership or term is provided by a local act enactedbefore the effective date of this Chapter, or unless the board is a board for amerged ABC system under G.S. 18B‑703 and a different size membership hasbeen provided for as part of the negotiated merger. One member of the initialboard of a newly created ABC system shall be appointed for a three‑yearterm, one member for a two‑year term, and one member for a one‑yearterm. As the terms of initial board members expire, their successors shall eachbe appointed for three‑year terms. The appointing authority shalldesignate one member of the local board as chairman.

(b)        City Boards. – CityABC board members shall be appointed by the city governing body, unless adifferent method of appointment is provided in a local act enacted before theeffective date of this Chapter.

(c)        County Boards. –County ABC board members shall be appointed by the board of countycommissioners, unless a different method of appointment is provided in a localact enacted before the effective date of this Chapter.

(d)        Qualifications. –The appointing authority shall appoint members of a local board on the basis ofthe appointees' interest in public affairs, good judgment, knowledge, ability,and good moral character.

(e)        Vacancy. – Avacancy on a local board shall be filled by the appointing authority for theremainder of the unexpired term. If the chairman's seat becomes vacant, theappointing authority may designate either the new member or an existing memberof the local board to complete the chairman's term.

(f)         Removal. – A memberof a local board may be removed for cause at any time by the appointingauthority. Local board members are subject to the removal provisions of G.S.18B‑202.

(g)        Salary. – A localboard member may be compensated as determined by the appointing authority.

(h)        Conflict ofInterest. – The provisions of G.S. 18B‑201 shall apply to local boardmembers and employees.

(i)         Bond. – Each localboard member shall be bonded in an amount not less than five thousand dollars($5,000), secured by a corporate surety, for the faithful performance of hisduties. A public employees' blanket position bond in the required amountsatisfies the requirements of this subsection. The bond shall be payable to thelocal board and shall be approved by the appointing authority for the localboard. The appointing authority may exempt from this bond requirement any boardmember who does not handle board funds, and it may also increase the amount ofthe bond for any member who does handle board funds.

(j)         Limited Liability.– A person serving as a member of a local ABC board shall be immuneindividually from civil liability for monetary damages, except to the extentcovered by insurance, for any act or failure to act arising out of thisservice, except where the person:

(1)        Was not acting withinthe scope of his official duties;

(2)        Was not acting ingood faith;

(3)        Committed grossnegligence or willful or wanton misconduct that resulted in the damage orinjury;

(4)        Derived an improperpersonal financial benefit from the transaction; or

(5)        Incurred theliability from the operation of a motor vehicle.

The immunity in this subsectionis personal to the members of local ABC boards, and does not immunize the localABC board for liability for the acts or omissions of the members of the localABC board. (1981,c. 412, s. 2; c. 747, s. 50; 1981 (Reg. Sess., 1982), c. 1262, s. 10; 1989, c.800, s. 19.)