§ 42-113-4 - Creation of the Rhode Island housing and conservation board.
SECTION 42-113-4
§ 42-113-4 Creation of the Rhode Islandhousing and conservation board. – (a) There is hereby authorized, created and established a body politic andcorporate to be known as the "Rhode Island housing and conservation board" tocarry out the provisions of this chapter. The board is constituted a publicinstrumentality exercising public and essential governmental functions, and theexercise by the board of the powers conferred by this chapter are deemed andheld to be the performance of an essential governmental function of the state.
(b) The board shall consist of nine (9) members:
(1) The four (4) non-voting ex-officio members shall includethe director of the department of environmental management, or a designee; thedirector of the office of intergovernmental affairs/housing, or designee; theexecutive director of the Rhode Island housing and mortgage financecorporation, or designee; and the director of the office of statewide planning,or designee.
(2) The governor, with the advice and consent of the senate,shall appoint five (5) members of the general public. In making theseappointments, the governor shall give due consideration to recommendations madeby the Rhode Island Community Reinvestment Association, Environment Council ofRhode Island, Rhode Island Association of Land Trusts, and representatives oftenancy advocacy and family farm associations.
(3) Any designee of the four (4) governmental members servingex-officio as stipulated in subsection 42-113-4(b)(1) or of the three (3)members who is a chair or president of a non-governmental organization asstipulated in subsection 42-113-4(b)(2) shall be a subordinate of thedesignator within his or her respective department, office, or nongovernmentalorganization. These designees shall represent him or her at all meetings of theboard.
(4) No one shall be eligible for public appointment unless heor she is a resident of this state.
(5) Newly appointed and qualified public members anddesignees of ex-officio members shall, within six (6) months of theirqualification or designation, attend a training course that is developed withboard approval and conducted by the chair or his or her designee and shallinclude instruction in the subject area of chapter 113 of this title andchapters 46 of this title, 14 of title 36, and 2 of title 38 of Rhode Islandgeneral laws; and the board's rules and regulations.
(c) Those members of the board as of July 9, 2005 who wereappointed to the board by members of the general assembly shall cease to bemembers of the commission on July 9, 2005. Public members of the boardappointed by the governor will be appointed for three (3) year terms and cannotserve more than two (2) consecutive terms.
(d) Annually, the board shall elect from among its publicmembers a chairperson and vice-chairperson. The board may elect from among itsmembers any other officers it deems necessary. Meetings shall be held at thecall of the chairperson or at the request of three (3) members. A majority ofthe sitting members shall constitute a quorum and action taken by the boardunder the provisions of this chapter may be authorized by a majority of themembers present and voting at any regular or special meeting.
(e) Three (3) or more voting members of the board shallconstitute a quorum for the transaction of business. A majority vote of thosepresent shall be required for action. No vacancy in the membership of the boardshall impair the right of a quorum to exercise all of the rights and performall of the duties of the board.
(f) Any vacancy which may occur in the board shall be filledaccordingly in the same manner as prescribed above.
(g) The board shall appoint and employ an executive director,and it shall be his or her duty to:
(1) Supervise and administer allocations made through thetrust fund in accordance with this chapter and with the rules and regulationsof the board;
(2) Act as the chief administrative officer having generalcharge of the office and records and to employ temporarily, subject to theapproval of the board, necessary personnel to serve at his or her pleasure andwho shall be in the unclassified service and whose salaries shall be set by theboard;
(3) Act as executive secretary of the board; and
(4) Perform other duties as determined by the board, whichare in accordance with this chapter and with the rules and regulations of theboard.
(h) The board shall use the office of the attorney generalfor legal services.
(i) Within ninety (90) days after the end of each fiscalyear, the board shall approve and submit an annual report to the governor, thespeaker of the house of representatives, the president of the senate, and thesecretary of state of its activities during that fiscal year. The report shallprovide: an operating statement summarizing meetings or hearings held, meetingminutes if requested, subjects addressed, decisions rendered, rules orregulations promulgated, studies conducted, policies and plans developed,approved, or modified, and programs administered or initiated; a consolidatedfinancial statement of all funds received and expended including the source ofthe funds, a listing of any staff supported by these funds, and a summary ofany clerical, administrative or technical support received; a summary ofperformance during the previous fiscal year including accomplishments,shortcomings and remedies; a synopsis of hearings, complaints, suspensions, orother legal matters related to the authority of the board; a summary of anytraining courses held pursuant to subdivision 42-113-4(b)(5); a briefing onanticipated activities in the upcoming fiscal year; and findings andrecommendations for improvements. The report shall be posted electronically onthe general assembly and the secretary of state's websites as prescribed in§ 42-20-8.2.