§ 416. Local Boards of Trustees
(a)
Establishment
Each facility of the Retirement Home shall have a Local Board of Trustees.
(b)
Duties
(1)
The Local Board for a facility shall serve in an advisory capacity to the Director of the facility and to the Chief Operating Officer.
(2)
The Local Board for a facility shall provide to the Chief Operating Officer and the Director of the facility such guidance and recommendations on the administration of the facility as the Local Board considers appropriate.
(3)
Not less often than annually, the Local Board for a facility shall provide to the Under Secretary of Defense for Personnel and Readiness an assessment of all aspects of the facility, including the quality of care at the facility.
(c)
Composition
(1)
The Local Board for a facility shall consist of at least 11 members who (except as otherwise specifically provided) shall be appointed by the Secretary of Defense in consultation with each of the Secretaries of the military departments concerned. At least one member of the Local Board shall have a perspective that is oriented toward the Retirement Home overall. The Local Board for a facility shall consist of the following members:
(A)
One member who is a civilian expert in nursing home or retirement home administration and financing from the geographical area of the facility.
(B)
One member who is a civilian expert in gerontology from the geographical area of the facility.
(C)
One member who is a service expert in financial management.
(D)
One representative of the Department of Veterans Affairs regional office nearest in proximity to the facility, who shall be designated by the Secretary of Veterans Affairs.
(E)
One representative of the resident advisory committee or council of the facility.
(F)
One enlisted representative of the Services’ Retiree Advisory Council.
(G)
The senior noncommissioned officer of one of the Armed Forces.
(H)
One senior representative of the military hospital nearest in proximity to the facility.
(I)
One senior judge advocate from one of the Armed Forces.
(J)
The Director of the facility, who shall be a nonvoting member.
(K)
One senior representative of one of the chief personnel officers of the Armed Forces, who shall be a commissioned officer of the Armed Forces serving on active duty in the grade of brigadier general, or in the case of the Navy or Coast Guard, rear admiral (lower half).
(L)
Other members designated by the Secretary of Defense (if the Local Board is to have more than 11 members).
(2)
The Secretary of Defense shall designate one member of a Local Board to serve as the chairman of the Local Board at the pleasure of the Secretary of Defense.
(d)
Terms
(1)
Except as provided in subsections (e), (f), and (g) of this section, the term of office of a member of a Local Board shall be five years.
(2)
Unless earlier terminated by the Secretary of Defense, a person may continue to serve as a member of the Local Board after the expiration of the member’s term until a successor is appointed or designated, as the case may be.
(e)
Early expiration of term
A member of a Local Board who is a member of the Armed Forces or an employee of the United States serves as a member of the Local Board only for as long as the member is assigned to or serving in a position for which the duties include the duty to serve as a member of the Local Board.
(f)
Vacancies
(1)
A vacancy in the membership of a Local Board shall be filled in the manner in which the original appointment or designation was made, as the case may be.
(2)
A member appointed or designated to fill a vacancy occurring before the end of the term of the predecessor of the member shall be appointed or designated, as the case may be, for the remainder of the term for which the predecessor was appointed.
(3)
A vacancy in a Local Board shall not affect its authority to perform its duties.
(g)
Early termination
The Secretary of Defense may terminate the appointment of a member of a Local Board before the expiration of the member’s term for any reason that the Secretary determines appropriate.
(h)
Compensation
(1)
Except as provided in paragraph (2), a member of a Local Board shall—
(A)
be provided a stipend consistent with the daily government consultant fee for each day on which the member is engaged in the performance of services for the Local Board; and
(B)
while away from home or regular place of business in the performance of services for the Local Board, be allowed travel expenses (including per diem in lieu of subsistence) in the same manner as a person employed intermittently in Government under sections
5701 through
5707 of title
5.
(2)
A member of a Local Board who is a member of the Armed Forces on active duty or a full-time officer or employee of the United States shall receive no additional pay by reason of serving as a member of a Local Board.