41-12-106 - Appointment of board Vacancies Removals Quorum Powers and compensation.
41-12-106. Appointment of board Vacancies Removals Quorum Powers and compensation.
(a) The board of the authority shall be a board of commissioners appointed as follows:
(1) If the creating or participating governmental entities include only one (1) county and a municipality or municipalities, all of which are located within the same judicial district, the board shall consist of:
(A) The chief executive officer of each local governmental entity participating;
(B) The sheriff of the county that participates in the authority;
(C) One (1) member to be selected by the county legislative body of such county;
(D) The comptroller of the treasury or the comptroller's designee;
(E) The commissioner of correction, or the commissioner's designee;
(F) The district attorney general serving the judicial district in which the local governmental entities are located, or the district attorney's designee;
(G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee;
(H) One (1) judge selected by the judges serving the judicial district in which the local governmental entities are located or the judge's designee; and
(I) For each municipality electing to be a part of the authority, in addition to the mayor of the municipality, one (1) member of the governing body of the municipality selected by the governing body;
(2) If the creating or participating governmental entities include more than one (1) county, with or without a municipality that may be a participant, all of which are located within the same judicial district, the board shall consist of:
(A) The chief executive officer of each local governmental entity participating;
(B) The sheriff of each county that participates in the authority;
(C) One (1) member to be selected by the county legislative body of each county;
(D) The comptroller of the treasury or the comptroller's designee;
(E) The commissioner of correction, or the commissioner's designee;
(F) The district attorney general serving the judicial district in which the local governmental entities are located or the district attorney's designee;
(G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee;
(H) One (1) judge selected by the judges serving the judicial district in which the local governmental entities are located or the judge's designee; and
(I) For each municipality electing to be a part of the authority, in addition to the mayor of the municipality, one (1) member of the governing body of the municipality selected by the governing body; or
(3) If the creating or participating governmental entities include more than one (1) county, with or without a municipality that may be a participant, some of which are located within different judicial districts, the board shall consist of:
(A) The chief executive officer of each local governmental entity participating;
(B) The sheriff of each county that participates in the authority;
(C) One (1) member to be selected by the county legislative body of each county;
(D) The comptroller of the treasury or the comptroller's designee;
(E) The commissioner of correction, or the commissioner's designee;
(F) A district attorney general selected by the district attorneys general serving the judicial districts in which the local governmental entities are located or the district attorney general's designee;
(G) The district public defender selected by the district public defenders serving the judicial districts in which the local governmental entities are located or the district public defender's designee;
(H) One (1) judge selected by the judges serving the judicial districts in which the local governmental entities are located or the judge's designee; and
(I) For each municipality electing to be a part of the authority, in addition to the mayor of the municipality, one (1) member of the governing body of the municipality selected by the governing body.
(b) Each such official shall be a member of the board for the term of office for which the official was elected.
(c) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in the same manner as the original appointment for the unexpired term.
(2) A commissioner's term shall continue until the appointment and qualification of that commissioner's successor.
(3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity of the specific officers that made the appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause.
(d) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure.
(2) A majority of the commissioners shall constitute a quorum for the transaction of business.
(3) Except as expressly otherwise specified in this chapter, all powers granted in this part to an authority shall be exercised by the board.
(4) Commissioners may receive compensation for their services and shall receive per diem and may be reimbursed for necessary expenses incurred in the performance of their official duties in an amount to be established by the board; provided, that the reimbursement for expenses and mileage shall not exceed the comprehensive travel regulations for reimbursement for expenses and mileage promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
[Acts 2008, ch. 1092, § 7.]