36-11 - Appointment and tenure of commissioners; compensation.
§ 36-11. Appointment and tenure of commissioners; compensation.
When the need for an authority to be activated in a city or county has beendetermined in the manner prescribed by law, the governing body of the city orcounty shall appoint not more than nine or less than five persons ascommissioners of the authority created for such city or county. The governingbody of the city or county may subsequently increase the number ofcommissioners of the authority to a maximum of nine. The commissioners whoare first appointed shall be designated to serve for terms of one, two,three, four and five years, respectively, from the date of their appointment,but thereafter commissioners shall be appointed as aforesaid for a term ofoffice of four years except that all vacancies shall be filled for theunexpired term. Except as may be otherwise expressly provided in the charterof a city or town specifically pertaining to such authority, no commissionerof any authority may be an officer or employee, of the city or county forwhich the authority is created. A commissioner shall hold office until hissuccessor has been appointed and has qualified. A certificate of theappointment or reappointment of any commissioner shall be filed with theclerk and such certificate shall be conclusive evidence of the due and properappointment of such commissioner. A commissioner may receive compensation asmay be determined by a locality for each meeting of the authority attended bythe commissioner. A commissioner shall be entitled to the necessary expenses,including traveling expenses, incurred in the discharge of his duties.
Any exercise of the powers of an authority by its commissioners after June30, 1968, otherwise in compliance with applicable law, is hereby declared tobe valid and effective in all respects, notwithstanding that the number ofcommissioners exercising the powers, though not exceeding seven from July 1,1968, through June 30, 1978, and not exceeding nine thereafter, may haveexceeded the number appointed at the time the need for the authority to beactivated had been determined in accordance with this section. No suit oraction to vacate or set aside any exercise of said powers may be brought onthe ground that the number of commissioners, though not exceeding seven fromJuly 1, 1968, through June 30, 1978, and not exceeding nine thereafter, didexceed the number appointed at the time the need for the authority to beactivated had been determined.
(1938, p. 449; Michie Code 1942, § 3145(5); 1956, c. 615; 1958, c. 82; 1968,c. 696; 1978, c. 557; 1986, c. 357; 1987, c. 102; 1988, c. 601; 2007, c. 247;2010, c. 311.)