§ 63A-3. Creation of Authority and Board.
§63A‑3. Creation of Authority and Board.
(a) Creation. The NorthCarolina Global TransPark Authority is created as a body corporate and politichaving the powers and jurisdiction as provided under this Chapter or any otherlaw. The Authority is a State agency created to perform essential governmentaland public functions. The Authority shall be located within the Department ofTransportation, but shall exercise all of its powers, including the power toemploy, direct, and supervise all personnel, independently of the Secretary ofTransportation and, notwithstanding any other provision of law, shall besubject to the direction and supervision of the Secretary only with respect tothe management functions of coordinating and reporting.
(b) Board of Directors.The Authority shall be governed by a Board of Directors. The Board shallconsist of at least the following 20 members:
(1) Seven membersappointed by the Governor.
(2) Three membersappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives in accordance with G.S. 120‑121.
(3) Three membersappointed by the General Assembly upon the recommendation of the President ProTempore of the Senate in accordance with G.S. 120‑121.
(4) The State Treasurer,who shall serve as an ex officio nonvoting member.
(5) The President of theNorth Carolina System of Community Colleges, provided that the President of theNorth Carolina Community Colleges may instead appoint to the Board of Directorsone member of the board of trustees of a community college or one president ofa community college. If such an appointment is made, the appointee shall serveat the pleasure of the President.
(6) The President of TheUniversity of North Carolina, provided that the President of the University ofNorth Carolina may instead appoint to the Board of Directors one member of theboard of trustees of a constituent institution of The University of NorthCarolina, or one chancellor of a constituent institution of The University ofNorth Carolina. If such an appointment is made, the appointee shall serve atthe pleasure of the President.
(7) The Chairman of theState Ports Authority.
(8) One member appointedby the board of county commissioners of any county in which the cargo airportcomplex site is located.
(9) One member appointedby the city council of the city which is a county seat of any county in whichthe cargo airport complex site is located.
(10) The Commissioner ofAgriculture.
Within 90 days after theAuthority acquires land, either by purchase or condemnation, for development aspart of a cargo airport complex site, the board of county commissioners in anycounty in which a portion of the land is located and the city council of thecity which is the county seat of the county shall, by resolution, each appointa person to serve as a member of the Board. If the board of commissioners orthe city council appoints one of its own members to the Board, the countycommissioner or the member of the city council who is appointed is consideredto be serving on the Board as an ex officio voting member as part of the dutiesof the office of county commissioner or the office of city council member, inaccordance with G.S. 128‑1.2, and is not considered to be serving in aseparate office. Notwithstanding G.S. 116‑31(h), a member of the board oftrustees of a constituent institution of The University of North Carolinaappointed to the Board of Directors under subdivision (6) of this subsectionmay concurrently serve on the board of trustees and the Board of Directors.Notwithstanding any other provision of law, the Governor may serve on the Boardof Directors by his own appointment on or after July 16, 1991, undersubdivision (1) of this subsection.
As the holder of an office,each member of the Board shall take the oath required by Article VI, § 7 of theNorth Carolina Constitution before assuming the duties of a Board member.
(c) SelectionCriteria. In making appointments to the Board, the Governor and the GeneralAssembly shall give consideration to the geographical representation of theWestern region, the Piedmont region, and the Eastern region of the State. Inaddition, at least one member appointed by the Governor shall be representativeof business, at least one shall be representative of agribusiness, at least oneshall be representative of environmental interests, and at least one shall berepresentative of industrial interests.
(d) Terms. The termsof the initial members appointed by the Governor or the General Assembly endJune 30, 1993. The initial term of a member appointed by a board of countycommissioners or by a city council ends on the second June 30 after theappointment. Subsequent appointments by a board of county commissioners or by acity council shall be for terms of four years. The seven members appointed bythe Governor for subsequent terms shall be appointed for terms of two yearsending on June 30 of each odd‑numbered year. The six members appointed bythe General Assembly for subsequent terms shall be divided into two classes.The first class shall consist of three persons, two of whom shall be appointedupon recommendation of the Speaker of the House of Representatives and one ofwhom shall be appointed upon recommendation of the President Pro Tempore of theSenate, to serve an initial term expiring June 30, 1995, with subsequent termsexpiring each fourth June 30th thereafter. The second class shall consist ofthree persons, two of whom shall be appointed upon recommendation of thePresident Pro Tempore of the Senate and one of whom shall be appointed uponrecommendation of the Speaker of the House of Representatives, to serve aninitial term expiring June 30, 1997, with subsequent terms expiring each fourthJune 30th thereafter.
(e) Chair and Vice‑chairof the Board. The Governor shall designate one of the members appointed by theGovernor as the Chair of the Board. The Governor shall convene the firstmeeting of the Board, at which time the members of the Board shall elect fromtheir membership a Vice‑chair of the Board.
(f) Vacancies. Allmembers of the Board shall remain in office until their successors areappointed and qualify. A vacancy in an appointment made by the Governor or aboard of county commissioners shall be filled by the Governor or the board ofcounty commissioners for the remainder of the unexpired term. A vacancy in anappointment made by the General Assembly shall be filled in accordance withG.S. 120‑122. A person appointed to fill a vacancy shall qualify in thesame manner as a person appointed for a full term.
(g) Removal of BoardMembers. The Governor may remove any member of the Board for misfeasance,malfeasance, or nonfeasance in accordance with G.S. 143B‑13(d). Theperson who appointed a member of the Board may remove the member for usingimproper influence in accordance with G.S. 143B‑13(c).
(h) Organization of theBoard. The Board shall adopt bylaws with respect to the calling of meetings,quorums, voting procedures, the keeping of records, and other organizationaland administrative matters as the Board may determine. A quorum shall consistof a majority of the members of the Board. No vacancy in the membership of theBoard shall impair the right of a quorum to exercise all rights and to performall the duties of the Board and the Authority.
(i) Compensation ofthe Board. No part of the revenues or assets of the Authority shall inure tothe benefit of or be distributable to the members of the Board or officers orother private persons. The members of the Board shall receive no salary fortheir services but shall be entitled to receive per diem and allowances inaccordance with the provisions of G.S. 138‑5.
(j) Treasurer. TheBoard shall select the Authority's treasurer. The Board shall require a suretybond of the appointee in the amount as the Board may fix, and the premium shallbe paid by the Authority as a necessary expense of the Authority.
(k) Executive Directorand other Employees. The Board shall appoint an executive director, whosesalary shall be fixed by the Board, to serve at its pleasure. The executivedirector or a person designated by the executive director shall appoint,employ, dismiss, and, within the limits of available funding, fix thecompensation of other employees as considered necessary.
(l) Office. The Boardshall establish an office for the transaction of the Authority's business atthe place the Board finds advisable or necessary to implement the provisions ofthis Chapter. (1991, c. 749, s. 1; 1991 (Reg. Sess., 1992), c. 900,s. 108(b)‑(e); 1993 (Reg. Sess., 1994), c. 777, s. 4(d), (d1).)