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Agenda - 06-26-2003-9E1
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Agenda - 06-26-2003-9E1
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8/29/2008 2:52:40 PM
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BOCC
Date
6/26/2003
Document Type
Agenda
Agenda Item
9E1
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Minutes - 20030626
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\Board of County Commissioners\Minutes - Approved\2000's\2003
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NCGA General Statutes - GS § 18B-700. Appointment and organizatioi... <br />2~ <br />Article 7• <br />Local ABC Boards. <br />§ 18B-~ao• Appointment and organization of local ABC boards. <br />(a)Membership• - A local ABC board shall consist of three <br />members appointed for three-year terms, unless a different <br />membership or term is provided by a local act enacted before the <br />effective date of this Chapter, or unless the board is a board <br />for a merged ABC system under G•S• 18B-703 and a different size <br />membership has been provided for as part of the negotiated <br />merger. One member of the initial board of a newly created ABC <br />system shall be appointed for a three-year term, one member for <br />a two-year term, and one member for a one-year term. As the <br />terms of initial board members expire, their successors shall <br />each be appointed for three-year terms. The appointing authority <br />shall designate one member of the local board as chairman. <br />(b) City Boards. - City ABC board members shall be appointed <br />by the city governing body, unless a different method of <br />appointment is provided in a local act enacted before the <br />effective date of this Chapter. <br />(c) County Boards. - County ABC board members shall be <br />appointed by the board of county commissioners, unless a <br />different method of appointment is provided in a local act <br />enacted before the effective date of this Chapter. <br />(d) Qualifications. - The appointing authority shall appoint <br />members of a local board on the basis of the appointees' <br />interest in public affairs, good judgment, knowledge, ability, <br />and good moral character. <br />(e) Vacancy. - A vacancy on a local board shall be filled by <br />the appointing authority for the remainder of the unexpired <br />term. If the chairman's seat becomes vacant, the appointing <br />authority may designate either the new member or an existing <br />member of the local board to complete the chairman's term. <br />(f) Removal. - A member of a local board may be removed for <br />-cause at any time by the appointing authority. Local board <br />members are subject to the removal provisions of G•S• 18B-2~2• <br />(g) Salary. - A local board member may be compensated as <br />determined by the appointing authority. <br />(h) Conflict of Interest. - The provisions of G•S- 186-201 <br />shall apply to local board members and employees. <br />(i) Bond• - Each local board member shall be bonded in an <br />amount not less than five thousand dollars ($5,000 , secured by <br />a corporate surety, for the faithful performance of his duties. <br />A public employees' blanket position bond in the required amount <br />satisfies the requirements of this subsection. The bond shall be <br />payable to the local board and shall be approved by the <br />appointing authority for the local board. The appointing <br />authority may exempt from this bond requirement any board member <br />who does not handle board funds, and it may also increase the <br />amount of the bond for any member who does handle board funds. <br />(j) Limited Liability. - A person serving as a member of a <br />local ABC board shall be immune individually from civil <br />liability for monetary damages, except to the extent covered by <br />insurance, for any act or failure to act arising out of this <br />service, except where the person: <br />(1) Was not acting within the scope of his official <br />duties; <br />(2) Was not acting in good faith; <br />(3) Committed gross negligence or willful or wanton <br />misconduct that resulted in the damage or injury; <br />(4) Derived an improper personal financial benefit from <br />the transaction; or <br />(5) Incurred the liability from the operation of a <br />motor vehicle. <br />The immunity in this subsection is personal to the members of <br />local ABC boards, and does not immunize the local ABC board for <br />htta://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTMUBySectio... 06/20/2003 <br />
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