Part I. Agencies
Chapter 1. Provisions
General Applicability to
Section 7.101. Agencies:
Agencies are Government
instrumentalities established by law with operational and decisional
independence within limits set by law.
Section 7.102. Agencies; enumeration.
(1) The Broadcast Authority
(2) The Election Commission
(3) The Development Review Commission
(4) The Port Authority
(5) The Land Commission (repealed effective October 1, 2001 by S.L. 7-126. The law refers to (4) in error.)
(6) The Parole Board
(7) The Sports Council
(8) The Scholarship Board
(9) The Utility Authority
(10) The Visitors Bureau
Amended by State Laws 4-117, 5-56, 5-68, 6-1, 6-158,
7-1, 7-62 and 7-91. Note: State Law 7-62 included the Executive Service
Appeals Board as Subsection (4); that agency was earlier repealed by State Law
6-156 and is, therefore, not included in this Code.
Section 7.103. Appointment process.
provided by law, a member of an agency governing body takes office upon appointment
by the Governor following the Legislature's consent by resolution to his
nomination by the Governor. Upon nominating a member to a governing body
the Governor states the vacancy which is the subject of the nomination. If
the Legislature by resolution declines to consent to a nomination or if the
Legislature on a vote fails to adopt a resolution confirming a nominee, the
Governor submits a replacement nominee to the Legislature within 30 days.
The Governor does not resubmit the name of a nominee who has failed to be
confirmed for the same position during the term of that
Amended by State Law 4-46.
Section 7.104. Agency procedural rules.
By January 1, 1986
the Attorney General prepares and provides a uniform simplified version of Robert's
Rules of Order, Revised, by which an agency governing body conducts a meeting
unless by unanimous vote of members present a governing body waives use of the
rules for a meeting. Until the Attorney General provides the version a
governing body proceeds by rules of its own choosing.
Section 7.105. Vacancy.
A vacancy occurs in a membership in an agency governing body by the member's (1) submission of a written resignation to the body's presiding officer and to the Governor; (2) death; (3) incapacitating illness; (4) absence from three consecutive governing body meetings; (5) continuous absence from the State for a period exceeding six months; or (6) removal by the Legislature for malfeasance in the office. The process for filling a vacancy is pursuant to Section 7.103. The Governor promptly gives
public notice of a vacancy.
Section 7.106. Officers.
An agency governing body
elects a chairman and vice-chairman by majority vote of the membership. If
the chairman and vice-chairman are not in attendance at a meeting the membership
chooses a chairman pro tempore.
Section 7.107. Quorum.
A quorum of an agency
governing body is a majority of memberships, including ex-officio
Section 7.108. Implied agency powers.
Agency powers include a
power reasonably necessary to the performance of a power provided by
Section 7.109. Inquiry.
An agency has the power
and duty to consider a relevant matter brought to its attention and to make a
responsive inquiry, if found appropriate.
Section 7.110. Body
An agency governing body
meets upon call of the chairman or his lawful surrogate. A majority of the
body may convene a meeting following its petition to the chairman for a meeting
and his failure to call the meeting as petitioned.
Section 7.111. Repealed by State Law 6-1.
Section 7.112. Holding
Notwithstanding any other
law, a member of an agency governing body holds office for no more than 3 months
beyond his term until a successor takes office. This Section applies to
all members of agency governing bodies and state-appointed members of the
government financed enterprises listed in Part II of this Title.
Amended by State Law 7-72.
Section 7.113. Compensation of governing bodies.
A member of an agency
governing body receives compensation in accordance with an appropriation for
that purpose, if any.
Section 7.114. Repealed by State Law 7-1.
Section 7.115. Retirement: Benefits.
Unless otherwise provided
by law, an employee of an agency, other than those appointed by the Governor
pursuant to this Chapter, is not older than sixty years of age. Subject to
appropriation, an employee who has worked eighteen quarters for the Government
and has retired from said employment after reaching fifty-five years of age may
be eligible for pension benefits until he reaches sixty years of age. The
Governor transmits to the Legislature no later than September 1 of each year a
bill to appropriate the estimated amount of funds to be needed for the upcoming
fiscal year, using for his estimate the rate of monthly benefits available to
Social Security retirement beneficiaries.
Added by State Law 5-155.