§ 140-5.15. Director of Museum of Art; appointment; dismissal; powers and duties; staff.
§ 140‑5.15. Director ofMuseum of Art; appointment; dismissal; powers and duties; staff.
(a) The Secretary ofCultural Resources shall appoint the Director of the North Carolina Museum ofArt from a list of not fewer than two nominees recommended by the Board ofTrustees of the North Carolina Museum of Art.
(b) The Secretary ofCultural Resources may dismiss the Director unless two thirds of the authorizedmembership of the Board of Trustees shall vote to reverse that action inaccordance with the following procedure: Upon dismissal of the Director, theSecretary shall give to the chairman of the Board of Trustees written notice ofthat action. This notice shall be sent to the chairman of the Board within 10days after the Secretary makes a final decision on dismissal. The chairmanshall promptly communicate the notice of dismissal to all other Board members.Board action to consider reversal of the Secretary's decision shall be taken ata regular or special meeting called pursuant to G.S. 140‑5.13(h). Reversalof the Secretary's order of dismissal may be effected only by resolutionadopted by an affirmative vote of two thirds of the authorized membership ofthe Board of Trustees at a meeting held within 30 days after the chairman ofthe Board receives from the Secretary written notice of dismissal of theDirector. All ex officio members of the Board shall be entitled to vote on thisquestion. The failure of two thirds of the authorized membership of the Boardof Trustees to vote to reverse the Secretary's order of dismissal within 30days after the chairman of the Board receives from the Secretary written noticeof dismissal of the Director shall be deemed an affirmance of that order by theBoard.
(c) The State‑fundedportion of the salary of the Director shall be fixed by the General Assembly inthe Current Operations Appropriations Act.
(d) The Director shallhave the following powers and duties:
(1) Under thesupervision of the Board of Trustees, to direct and administer the NorthCarolina Museum of Art in accordance with the policies, rules, and regulationsadopted by the Board of Trustees;
(2) To employ suchpersons as are necessary to perform the functions of the North Carolina Museumof Art and are provided for in the budget of the Museum and to promote, demote,and dismiss such persons in accordance with State personnel policies, rules,and regulations. This paragraph shall not apply to associate directors andcurators;
(3) To serve as directorof collections of the North Carolina Museum of Art;
(4) To serve asSecretary to the Board of Trustees.
(e) The Director,associate directors, and curators shall be exempt from the provisions of theState Personnel Act. The Board of Trustees shall adopt, subject to the approvalof the Secretary of Cultural Resources, rules and regulations governing theemployment, promotion, demotion, and dismissal of associate directors andcurators. (1961,c. 731; 1973, c. 476, s. 38; 1979, 2nd Sess., c. 1306, s. 1; 1985, c. 122, s.6; c. 479, s. 218; 1987, c. 827, s. 81; 2006‑66, s. 22.22(g); 2006‑221,s. 23.)