§ 46-12.2-3 - Establishment of agency – Composition of agency – Appointment of directors.
SECTION 46-12.2-3
§ 46-12.2-3 Establishment of agency –Composition of agency – Appointment of directors. – (a) There is hereby created a body politic and corporate and publicinstrumentality of the state having distinct legal existence from the state andnot constituting a department of the state government to be known as the RhodeIsland clean water finance agency. The exercise by the agency of the powersconferred by this chapter shall be deemed to be the performance of an essentialpublic function.
(b) The powers of the agency shall be exercised by or underthe supervision of a board of directors consisting of five (5) members, four(4) of whom shall be members of the public appointed by the governor, with theadvice and consent of the senate. The governor in making these appointmentsshall give due consideration to persons skilled and experienced in law,finance, and public administration and give further due consideration to arecommendation by the general treasurer for one of those appointments. Thenewly appointed member will serve for a limited term to expire in March of2006. All appointments made by the governor shall serve for a term of two (2)years. No one shall be eligible for appointment unless he or she is a residentof this state. The members of the board of directors as of the effective dateof this act [July 15, 2005] who were appointed to the board ofdirectors by members of the general assembly shall cease to be members of theboard of directors on the effective date of this act. As of the effective dateof this act, the general treasurer or his or her designee, who shall be asubordinate within the general treasurer's department, shall serve on the boardof directors as an ex-officio member. Those members of the board of directorsas of the effective date of this act who were appointed to the board ofdirectors by the governor shall continue to serve the balance of their currentterms.
(c) Each member of the board of directors shall serve untilhis or her successor is appointed and qualified. The appointed member of theboard of directors shall be eligible for reappointment. Any member of the boardof directors appointed to fill a vacancy of a public member on the board shallbe appointed by the governor, with the advice and consent of the senate, forthe unexpired term of the vacant position in the same manner as the member'spredecessor as set forth in subsection 46-12.2-3(b). The public members of theboard of directors shall be removable by the governor, pursuant to §36-1-7 and for cause only, and removal solely for partisan or personal reasonsunrelated to capacity or fitness for the office shall be unlawful. The governorshall designate one member of the board of directors to be the chairperson ofthe agency to serve in such capacity during his or her term as a member. Theboard of directors may elect from among its members such other officers as theydeem necessary. Three (3) members of the board of directors shall constitute aquorum. A majority vote of those present shall be required for action. Novacancy in the membership of the board of directors shall impair the right of aquorum to exercise the powers of the board of directors. The members of theboard of directors shall serve without compensation, but each member shall bereimbursed for all reasonable expenses incurred in the performance of his orher duties.
(d) Notwithstanding any other provision of general or speciallaw to the contrary, any member of the board of directors, who is also anofficer or employee of the state or of a local governmental unit or otherpublic body, shall not thereby be precluded from voting for or acting on behalfof the agency, the state, or local governmental unit or other public body onany matter involving the agency, the state, or that local governmental unit orother public body, and any director, officer, employee, or agent of the agencyshall not be precluded from acting for the agency on any particular mattersolely because of any interest therein which is shared generally with asubstantial segment of the public.