§ 32.1-357. Board of Trustees; appointment; officers; quorum; executivecommittee; compensation and expenses.
A. The Foundation shall be governed and administered by a Board of Trusteesconsisting of 23 members. Two members shall be appointed by the Speaker ofthe House of Delegates from among the membership of the House of Delegates,one representing rural interests and one representing urban interests; twomembers shall be appointed by the Senate Committee on Rules, one representingrural interests and one representing urban interests, from among themembership of the Senate; two members shall be the Commissioner of theDepartment of Health or his designee and the Chairman of the AlcoholicBeverage Control Board or his designee; and 17 nonlegislative citizen membersshall be appointed by the Governor, subject to confirmation by the GeneralAssembly, as follows: (i) five designated representatives of public healthorganizations, such as the American Cancer Society, American HeartAssociation, Virginia Pediatric Society, Virginia Academy of FamilyPhysicians, Virginia Dental Association, American Lung Association ofVirginia, Medical Society of Virginia, Virginia Association of School Nurses,Virginia Nurses Association, and the Virginia Thoracic Society; (ii) fourhealth professionals in the fields of oncology, cardiology, pulmonarymedicine, and pediatrics; and (iii) eight citizens at large, including twoyouths. Of the eight citizen at large members, three adults shall beappointed by the Governor from a list of six provided by members of theGeneral Assembly appointed to the Foundation and one member who is under theage of 18 years shall be appointed by the Governor from a list of threeprovided by the members of the General Assembly appointed to the Foundation.
Legislative members and the Commissioner of the Department of Health and theChairman of the Alcoholic Beverage Control Board shall serve terms coincidentwith their terms of office. Following the initial staggering of terms,nonlegislative citizen members shall serve four-year terms. Vacancies in themembership of the Board shall be filled by appointment for the unexpiredportion of the term. Vacancies shall be filled in the same manner as theoriginal appointments. Legislative members may be reappointed for successiveterms. No nonlegislative citizen member shall be eligible to serve for morethan two successive four-year terms; however, after the expiration of a termof three years or less, or after the expiration of the remainder of a term towhich he was appointed to fill a vacancy, two additional terms may be servedby such member if appointed thereto. Immediately after such appointment, themembers shall enter upon the performance of their duties.
B. The Foundation shall appoint from the membership of the Board a chairmanand vice-chairman, both of whom shall serve in such capacities at thepleasure of the Foundation. The chairman, or in his absence, thevice-chairman, shall preside at all meetings of the Board. A majority of themembers of the Board serving at any one time shall constitute a quorum forthe transaction of business. The Board shall meet annually or more frequentlyat the call of the chairman.
The Board may establish an executive committee composed of the chairman,vice-chairman, and three additional members elected by the Board from itsmembership. The chairman of the Board shall serve as the chairman of theexecutive committee and shall preside over its meetings. In the absence ofthe chairman, the vice-chairman shall preside. The executive committee mayexercise the powers and transact the business of the Board in the absence ofthe Board or when otherwise directed or authorized by the Board. A majorityof the members of the executive committee shall constitute a quorum for thetransaction of business. Any actions or business conducted by the executivecommittee shall be acted upon by the full board as soon as practicable.
C. Legislative members shall receive such compensation as provided in §30-19.12 and nonlegislative citizen members shall receive compensation asprovided in § 2.2-2813 for their services. All members shall be reimbursedfor all reasonable and necessary expenses incurred in the performance oftheir duties as provided by §§ 2.2-2813 and 2.2-2825. Such compensation andexpenses shall be paid from the Fund.
D. Notwithstanding the provisions of any other law, no officer or employee ofthe Commonwealth shall be deemed to have forfeited or shall forfeit hisoffice or employment by reason of his acceptance of membership on the Boardor his service to the Foundation.
E. Members of the Board and employees of the Foundation shall be subject tothe standards of conduct set forth in the State and Local Government Conflictof Interests Act (§ 2.2-3100 et seq.) and may be removed from office formisfeasance, malfeasance, nonfeasance, neglect of duty, or misconduct in themanner set forth therein.
(1999, cc. 880, 962; 2000, c. 1067; 2004, c. 1000; 2005, c. 19.)
§ 32.1-357. Board of Trustees; appointment; officers; quorum; executivecommittee; compensation and expenses.
A. The Foundation shall be governed and administered by a Board of Trusteesconsisting of 23 members. Two members shall be appointed by the Speaker ofthe House of Delegates from among the membership of the House of Delegates,one representing rural interests and one representing urban interests; twomembers shall be appointed by the Senate Committee on Rules, one representingrural interests and one representing urban interests, from among themembership of the Senate; two members shall be the Commissioner of theDepartment of Health or his designee and the Chairman of the AlcoholicBeverage Control Board or his designee; and 17 nonlegislative citizen membersshall be appointed by the Governor, subject to confirmation by the GeneralAssembly, as follows: (i) five designated representatives of public healthorganizations, such as the American Cancer Society, American HeartAssociation, Virginia Pediatric Society, Virginia Academy of FamilyPhysicians, Virginia Dental Association, American Lung Association ofVirginia, Medical Society of Virginia, Virginia Association of School Nurses,Virginia Nurses Association, and the Virginia Thoracic Society; (ii) fourhealth professionals in the fields of oncology, cardiology, pulmonarymedicine, and pediatrics; and (iii) eight citizens at large, including twoyouths. Of the eight citizen at large members, three adults shall beappointed by the Governor from a list of six provided by members of theGeneral Assembly appointed to the Foundation and one member who is under theage of 18 years shall be appointed by the Governor from a list of threeprovided by the members of the General Assembly appointed to the Foundation.
Legislative members and the Commissioner of the Department of Health and theChairman of the Alcoholic Beverage Control Board shall serve terms coincidentwith their terms of office. Following the initial staggering of terms,nonlegislative citizen members shall serve four-year terms. Vacancies in themembership of the Board shall be filled by appointment for the unexpiredportion of the term. Vacancies shall be filled in the same manner as theoriginal appointments. Legislative members may be reappointed for successiveterms. No nonlegislative citizen member shall be eligible to serve for morethan two successive four-year terms; however, after the expiration of a termof three years or less, or after the expiration of the remainder of a term towhich he was appointed to fill a vacancy, two additional terms may be servedby such member if appointed thereto. Immediately after such appointment, themembers shall enter upon the performance of their duties.
B. The Foundation shall appoint from the membership of the Board a chairmanand vice-chairman, both of whom shall serve in such capacities at thepleasure of the Foundation. The chairman, or in his absence, thevice-chairman, shall preside at all meetings of the Board. A majority of themembers of the Board serving at any one time shall constitute a quorum forthe transaction of business. The Board shall meet annually or more frequentlyat the call of the chairman.
The Board may establish an executive committee composed of the chairman,vice-chairman, and three additional members elected by the Board from itsmembership. The chairman of the Board shall serve as the chairman of theexecutive committee and shall preside over its meetings. In the absence ofthe chairman, the vice-chairman shall preside. The executive committee mayexercise the powers and transact the business of the Board in the absence ofthe Board or when otherwise directed or authorized by the Board. A majorityof the members of the executive committee shall constitute a quorum for thetransaction of business. Any actions or business conducted by the executivecommittee shall be acted upon by the full board as soon as practicable.
C. Legislative members shall receive such compensation as provided in §30-19.12 and nonlegislative citizen members shall receive compensation asprovided in § 2.2-2813 for their services. All members shall be reimbursedfor all reasonable and necessary expenses incurred in the performance oftheir duties as provided by §§ 2.2-2813 and 2.2-2825. Such compensation andexpenses shall be paid from the Fund.
D. Notwithstanding the provisions of any other law, no officer or employee ofthe Commonwealth shall be deemed to have forfeited or shall forfeit hisoffice or employment by reason of his acceptance of membership on the Boardor his service to the Foundation.
E. Members of the Board and employees of the Foundation shall be subject tothe standards of conduct set forth in the State and Local Government Conflictof Interests Act (§ 2.2-3100 et seq.) and may be removed from office formisfeasance, malfeasance, nonfeasance, neglect of duty, or misconduct in themanner set forth therein.
(1999, cc. 880, 962; 2000, c. 1067; 2004, c. 1000; 2005, c. 19.)
§ 32.1-357. Board of Trustees; appointment; officers; quorum; executivecommittee; compensation and expenses.
A. The Foundation shall be governed and administered by a Board of Trusteesconsisting of 23 members. Two members shall be appointed by the Speaker ofthe House of Delegates from among the membership of the House of Delegates,one representing rural interests and one representing urban interests; twomembers shall be appointed by the Senate Committee on Rules, one representingrural interests and one representing urban interests, from among themembership of the Senate; two members shall be the Commissioner of theDepartment of Health or his designee and the Chairman of the AlcoholicBeverage Control Board or his designee; and 17 nonlegislative citizen membersshall be appointed by the Governor, subject to confirmation by the GeneralAssembly, as follows: (i) five designated representatives of public healthorganizations, such as the American Cancer Society, American HeartAssociation, Virginia Pediatric Society, Virginia Academy of FamilyPhysicians, Virginia Dental Association, American Lung Association ofVirginia, Medical Society of Virginia, Virginia Association of School Nurses,Virginia Nurses Association, and the Virginia Thoracic Society; (ii) fourhealth professionals in the fields of oncology, cardiology, pulmonarymedicine, and pediatrics; and (iii) eight citizens at large, including twoyouths. Of the eight citizen at large members, three adults shall beappointed by the Governor from a list of six provided by members of theGeneral Assembly appointed to the Foundation and one member who is under theage of 18 years shall be appointed by the Governor from a list of threeprovided by the members of the General Assembly appointed to the Foundation.
Legislative members and the Commissioner of the Department of Health and theChairman of the Alcoholic Beverage Control Board shall serve terms coincidentwith their terms of office. Following the initial staggering of terms,nonlegislative citizen members shall serve four-year terms. Vacancies in themembership of the Board shall be filled by appointment for the unexpiredportion of the term. Vacancies shall be filled in the same manner as theoriginal appointments. Legislative members may be reappointed for successiveterms. No nonlegislative citizen member shall be eligible to serve for morethan two successive four-year terms; however, after the expiration of a termof three years or less, or after the expiration of the remainder of a term towhich he was appointed to fill a vacancy, two additional terms may be servedby such member if appointed thereto. Immediately after such appointment, themembers shall enter upon the performance of their duties.
B. The Foundation shall appoint from the membership of the Board a chairmanand vice-chairman, both of whom shall serve in such capacities at thepleasure of the Foundation. The chairman, or in his absence, thevice-chairman, shall preside at all meetings of the Board. A majority of themembers of the Board serving at any one time shall constitute a quorum forthe transaction of business. The Board shall meet annually or more frequentlyat the call of the chairman.
The Board may establish an executive committee composed of the chairman,vice-chairman, and three additional members elected by the Board from itsmembership. The chairman of the Board shall serve as the chairman of theexecutive committee and shall preside over its meetings. In the absence ofthe chairman, the vice-chairman shall preside. The executive committee mayexercise the powers and transact the business of the Board in the absence ofthe Board or when otherwise directed or authorized by the Board. A majorityof the members of the executive committee shall constitute a quorum for thetransaction of business. Any actions or business conducted by the executivecommittee shall be acted upon by the full board as soon as practicable.
C. Legislative members shall receive such compensation as provided in §30-19.12 and nonlegislative citizen members shall receive compensation asprovided in § 2.2-2813 for their services. All members shall be reimbursedfor all reasonable and necessary expenses incurred in the performance oftheir duties as provided by §§ 2.2-2813 and 2.2-2825. Such compensation andexpenses shall be paid from the Fund.
D. Notwithstanding the provisions of any other law, no officer or employee ofthe Commonwealth shall be deemed to have forfeited or shall forfeit hisoffice or employment by reason of his acceptance of membership on the Boardor his service to the Foundation.
E. Members of the Board and employees of the Foundation shall be subject tothe standards of conduct set forth in the State and Local Government Conflictof Interests Act (§ 2.2-3100 et seq.) and may be removed from office formisfeasance, malfeasance, nonfeasance, neglect of duty, or misconduct in themanner set forth therein.
(1999, cc. 880, 962; 2000, c. 1067; 2004, c. 1000; 2005, c. 19.)
