North Carolina § 131E-18 - Commissioners.

§ 131E-18. Commissioners.

The mayor or the chairman of the county board shall appoint the commissioners of the authority. There shall be not less than six and not more than 30 commissioners. Upon a finding that it is in the public interest, the commissioners may adopt a resolution increasing or decreasing the number of commissioners by a fixed number; Provided that no decrease in the number of commissioners shall shorten a commissioner's term. A certified copy of the resolution and a list of nominees shall be submitted to the mayor or the chairman of the county board of commissioners for appointments in accordance with the procedures set forth in subsection (d) of this section. For the initial appointments of commissioners, one-third of the commissioners shall be appointed for a term of one year, one-third for a term of two years, and one-third for a term of three years to achieve staggered terms. All subsequent appointments shall be for three-year terms. A commissioner shall hold office until a successor has been appointed and qualified. Vacancies from resignation or removal from office shall be filled for the unexpired portion of the term. The mayor or the chairman of the county board of commissioners shall name the first chair of the authority. Thereafter, the commissioners shall elect each subsequent chair from their members. The commissioners shall elect from their members the first vice-chair and all subsequent vice-chairs. When a commissioner resigns, is removed from office, completes a term of office, or when there is an increase in the number of commissioners, the remaining commissioners shall submit to the mayor or the chairman of the county board of commissioners a list of nominees for appointment to the commission. The mayor or the chairman of the county board of commissioners shall appoint, only from the nominees, the number of commissioners necessary to fill all vacancies. However, the mayor or the chairman of the county board of commissioners may require the commissioners to submit as many additional lists of nominees as he or she may desire. The mayor shall file with the city clerk, or the chairman of the county board of commissioners shall file with the county clerk, a certificate of appointment or reappointment of a commissioner. The certificate shall be conclusive evidence of the due and proper appointment of the commissioner. Commissioners shall receive no compensation for their services, but they shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in the discharge of their duties. For a county with a population of less than 75,000, according to the most recent decennial federal census, the following exceptions to the provisions of this section shall apply: The commissioners shall be appointed by the county board of commissioners rather than the chairman of the county board of commissioners; In making appointments under subsection (d) of this section, the county board of commissioners shall consider the nominations of the commissioners of the authority, but the county board of the commissioners is not bound by the nominations and may choose any qualified person. A majority of the commissioners shall constitute a quorum. The foregoing exceptions shall not apply when a county with a population of less than 75,000 jointly establishes a hospital authority with a city. History (1943, c. 780, s. 5; 1971, c. 799; 1973, c. 792; 1981, c. 525, s. 1; 1983, c. 775, s. 1.) Local Modification. - Craven: 1987 (Reg. Sess., 1988), c. 922, s. 1; 1989, c. 190, s. 1; 1999-15, s. 1; Nash: 1991 (Reg. Sess., 1992), c. 1022; Onslow: 1987 (Reg. Sess., 1988), c. 945; Pasquotank: 1959, c. 203, s. 1; 1989, c. 140, s. 1; 1995 (Reg. Sess., 1996), c. 567, s. 1 (expires July 31, 2000). Opinions of Attorney General A county board of commissioners does not have the authority to increase the number of commissioners on a hospital authority located within the county. See opinion of Attorney General to William I. Millar, Attorney at Law, and Thomas S. Stukes, Smith Helms Mulliss & Moore, L.L.P., 1999 N.C. AG LEXIS 39 (12/21/99). Hospital Authority Has Authority to Expand Number of Its Commissioners. - This section expressly grants the authority to expand the number of a hospital authority's commissioners to the hospital authority's commissioners themselves, rather than to the board of county commissioners; therefore, a resolution of a county board of commissioners which provided that the number of members to the board of commissioners of a hospital authority could not be changed except by resolution of the county board of commissioners was a nullity and had no force and effect. See opinion of Attorney General to Haywood Regional Medical Center, 1999 N.C. AG LEXIS 40 (12/21/99).