North Carolina § 143-157 - 1. Reports on gender-proportionate appointments to certain public bodies.

§ 143-157. 1. Reports on gender-proportionate appointments to certain public bodies.

Appointments. - In appointing members to public bodies set forth in subsections (b) and (d) of this section, the appointing authority should select, from among the most qualified persons, those persons whose appointment would promote membership on the body that accurately reflects the proportion that each gender represents in the population of the State as a whole or, in the case of a local body, in the population of the area represented by the body, as determined pursuant to the most recent federal decennial census, unless the law regulating the appointment requires otherwise. If there are multiple appointing authorities for the body, they may consult with each other to accomplish the purposes of this section. Reports by State Boards. - By September 1 of each year, every board designated as a nonadvisory board by the State Ethics Commission under Chapter 138A of the General Statutes shall submit a report to the Secretary of State which discloses the following by appointing authority: The number of appointments made during the preceding year. The number of appointments of each gender made, expressed both in numerical terms and as a percentage of the total membership of the body. Retention of Applications. - Each appointing authority shall designate a person responsible for retaining all applications for appointment, who shall ensure that information related to each applicant's gender and qualifications is available for public inspection during reasonable hours. Nothing in this section requires disclosure of an applicant's identity or of any other information made confidential by law. Use of Prescribed Form. - The Secretary of State shall prescribe the form to be used for submitting reports required under subsections (b) and (d) of this section and shall accept reports in an electronic format to be instituted by the Secretary of State. From these reports, the Secretary of State shall generate an annual composite report that shall be published by December 1. Copies of the report shall be submitted to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. Repealed by Session Laws 2019-167, s. 1, effective July 26, 2019. Reporting by Local Units of Government. - By September 1 of each year and with regard to each local board listed in this subsection, the information required by subsection (b) of this section shall be submitted on behalf of the appointing authority to the Secretary of State by the clerk of that appointing authority. Appointments to each of the following local boards, whether established by State law or local decision, or appointments to those local boards having equivalent functions, however named or denominated, must be reported: City or county ABC board, or local board created pursuant to G.S. 18B-703. Adult Care Home Community Advisory Committee. Airport Authority. Community Child Protection Team or a Child Fatality Prevention Team. Civil Service Board or similarly named board established by local act. Community Relations Committee. Council of Governments. Criminal Justice Partnership Task Force. Emergency Planning Committee. Board of Equalization and Review. Local Board of Health. Hospital Authority. Housing Authority. Human Relations Commission. County Industrial Facilities and Pollution Control Financing Authority. Juvenile Crime Prevention Council. Library Board of Trustees. Repealed by Session Laws 2019-167, s. 1, effective July 26, 2019. Economic development commission. Area mental health, developmental disabilities, and substance abuse board. Adult care home community advisory committee. Local partnership for children. Planning Board. Recreation Board. County board of social services. A public transportation authority created pursuant to Article 25 of Chapter 160A of the General Statutes, a regional public transportation authority created pursuant to Article 26 of Chapter 160A of the General Statutes, or a regional transportation authority created pursuant to Article 27 of Chapter 160A of the General Statutes. Local tourism development authority. Water and sewer authority. Workforce Development Board. Zoning Board of Adjustment. Planning and Zoning Board. Board of Adjustment. Historic Preservation Commission. Redevelopment Commission. City board of education (if appointive). Metropolitan Planning Organization. Rural Planning Organization. History (1999, c. 457, s. 1(b), (c); 2007-167, s. 1; 2018-142, s. 19; 2019-167, s. 1.) Editor's Note. - Session Laws 1999-457, s. 1(b), and (c), were codified as this section at the direction of the Revisor of Statutes. Session Laws 1999-457, s. 1.(a) provides that it is the intent of the General Assembly to recognize the importance of balance in the appointment of both genders to membership on statutorily created decision-making and regulatory boards, commissions, councils, and committees, and to promote that balance through the provisions of this section and further that the General Assembly recognizes that statutorily created decision-making and regulatory boards, commissions, councils, and committees play a vital role in shaping public policy for North Carolina, and the selection of well-qualified candidates is the paramount obligation of the appointing authority. Section 1.(e) provides that while gender equity is its purpose, the act does not direct, mandate or require such. Session Laws 1999-457, s. 1.(d) provides: "This act applies to appointments and reappointments made after the effective date of this act [August 13, 1999]. Nothing in this act shall be construed to require an appointing authority to make an appointment or remove an appointee on the basis of gender." At the direction of the Revisor of Statutes, the "State Ethics Commission under Chapter 138A of the General Statutes" was substituted for "State Ethics Commission under Subchapter II of Chapter 163A " in subsection (b) to conform to Session Laws 2018-146. Effect of Amendments. - Session Laws 2007-167, s. 1, effective July 4, 2007, rewrote subsections (a) and (b), and added subsections (c) and (d). Session Laws 2018-142, s. 19, effective December 15, 2018, in subsection (a), deleted "or" following "area represented by the", and substituted "the" for "such" preceding "appointment requires"; in subsection (b), inserted "of this section" following "described in subsection (a)." Session Laws 2019-167, s. 1, effective July 26, 2019, rewrote this section.