§ 140-5.13. Board of Trustees - establishment; members; selection; quorum; compensation; officers; meetings.
§ 140‑5.13. Board ofTrustees establishment; members; selection; quorum; compensation; officers;meetings.
(a) It is the duty ofthe Department of Cultural Resources to develop policy and to establish andenforce standards for resources, services, and programs involving the arts andthe cultural aspects of the lives of the citizens of North Carolina. To attainthese objectives, there is hereby established within the Department of CulturalResources the Board of Trustees of the North Carolina Museum of Art.
(b) The Board ofTrustees of the North Carolina Museum of Art shall consist of 29 members,chosen as follows:
(1) The Governor shallappoint 13 members, one from each congressional district in the State inaccordance with G.S. 147‑12(3b);
(2) The North CarolinaState Art Society, Incorporated, shall elect four members;
(3) The North CarolinaMuseum of Art Foundation, Incorporated, shall elect four members;
(4) The Board ofTrustees of the North Carolina Museum of Art shall elect four members;
(5) The General Assemblyshall appoint four members, two upon the recommendation of the Speaker of theHouse of Representatives, and two upon the recommendation of the President ProTempore of the Senate in accordance with G.S. 120‑121;
(6) Repealed by SessionLaws 1981 (Regular Session, 1982), c. 1191, s. 49.
All regular appointments orelections except those by the General Assembly shall be for terms of six years,except that each member shall serve until his successor is chosen andqualifies. No person may be appointed or elected to more than two consecutiveterms of six years. All regular appointments by the General Assembly shall befor the then current legislative term, and no appointee of the General Assemblymay be appointed to more than two consecutive terms of two years.
(c) Vacancies inappointments made by the General Assembly shall be filled in accordance withG.S. 120‑122. All other vacancies occurring in the regular membership ofthe Board of Trustees prior to the expiration of a term shall be filled by thesame authority and in the same manner as the vacating member was chosen, andthe successor member so chosen shall serve for the remainder of the unexpiredterm of the vacating member.
(d) All initialappointments and elections to the Board of Trustees shall be made on July 1,1980, or as soon as feasible thereafter except as provided in this subsection,and the terms of all except the legislative appointees shall expire on June 30,1983, or June 30, 1986, as the case may be. In order to establish regularlyoverlapping terms, initial appointments and elections to the Board of Trusteesshall be made as follows:
(1) Four members atlarge shall be appointed by the Governor for initial terms of three years andfour members at large shall be appointed by the Governor for initial terms ofsix years.
(2) One member shall beelected by the North Carolina State Art Society, Incorporated, for an initialterm of three years and two members shall be elected by that Society forinitial terms of six years.
(3) One member shall beelected by the North Carolina Museum of Art Foundation, Incorporated, for aninitial term of three years and two members shall be elected by that Foundationfor initial terms of six years.
(4) One member shall beelected by the Art Commission prior to July 1, 1980, for an initial term ofthree years and two members shall be elected by that Commission for initialterms of six years. Upon the expiration of the terms of those three members,their successors shall be elected by the Board of Trustees of the NorthCarolina Museum of Art.
(5) Three members shallbe elected by the State Art Museum Building Commission to serve until thetermination of that Commission or until June 30, 1983, whichever shall firstoccur. Upon the termination of the terms of those three members, should suchtermination occur prior to June 30, 1983, their successors shall be elected asfollows: one by the North Carolina State Art Society, Incorporated, one by theNorth Carolina Museum of Art Foundation, Incorporated, and one by the Board ofTrustees of the North Carolina Museum of Art; the terms of the successormembers so elected shall expire on June 30, 1983. On July 1, 1983, or as soonas feasible thereafter, the successors of these three members shall be electedfor terms of six years, as follows: one by the North Carolina State ArtSociety, Incorporated, one by the North Carolina Museum of Art Foundation,Incorporated, and one by the Board of Trustees of the North Carolina Museum ofArt.
(6) The initialappointments by the General Assembly shall serve until June 30, 1983.Subsequent appointments shall be for two‑year terms commencing July 1,1983, and biennially thereafter.
(7) Repealed by SessionLaws 1981 (Regular Session, 1982), c. 1191, s. 51.
Every vacancy occurring in theinitial membership of the Board of Trustees prior to the expiration of a termof office shall be filled by the same authority and in the same manner as thevacating member was chosen and the successor member so appointed shall servefor the remainder of the unexpired term of the vacating member.
(e) Any member of theBoard of Trustees may be removed from office by the authority that appointed orelected that member for misfeasance, malfeasance, or nonfeasance in office. Inthe case of an appointment made by the Governor, removal shall be made inaccordance with the provisions of G.S. 143B‑13 of the ExecutiveOrganization Act of 1973.
(f) A public officerwho is appointed or elected to serve on the Board of Trustees shall be deemedto serve thereon as a trustee ex officio and his duties as a trustee shall bedeemed additional duties of his primary public office.
(g) The Board ofTrustees shall have a chairman, a vice‑chairman, and such other officersas the Board deems necessary. The chairman shall be designated by the Governorfrom among the members of the Board. The vice‑chairman shall be electedby and from among the members of the Board. The chairman and vice‑chairmanshall be chosen for terms of two years or for so long as they are members ofthe Board, whichever is the shorter period. The Director of the North CarolinaMuseum of Art shall serve as Secretary to the Board of Trustees and shallattend all meetings, except when the Board is considering issues related to theDirector's performance of duties.
(h) The Board ofTrustees shall meet at least once in each quarter. The Board may hold specialmeetings at any time and place within the State at the call of the chairman.The chairman may call a special meeting at his discretion, and he shall call aspecial meeting upon the written request of a majority of the authorizedmembership of the Board of Trustees.
(i) A majority of theauthorized membership of the Board of Trustees shall constitute a quorum forthe transaction of business.
(j) Members of theBoard of Trustees who are officers or employees of State agencies orinstitutions shall receive from funds available to the Department of CulturalResources subsistence and travel allowances at the rates authorized by G.S. 138‑6.All other members of the Board of Trustees shall receive from funds availableto the Department of Cultural Resources per diem and travel and subsistenceallowances at the rates authorized by G.S. 138‑5.
(k) All clerical andadministrative services required by the Board of Trustees shall be supplied bythe office of the Director of the North Carolina Museum of Art. (1979, 2nd Sess., c. 1306,s. 1; 1981 (Reg. Sess., 1982), c. 1191, ss. 49‑52; 1987, c. 842, ss. 1,2; 1991, c. 756, s. 35; 1995, c. 490, s. 8; 2001‑486, s. 2.10; 2006‑66,s. 22.22(b); 2006‑221, s. 23; 2008‑194, s. 6(d).)