§ 203 — Board of Landscape Architecture — Appointment; composition; qualifications; term of office; suspension or removal; compensation

Delaware § 203

• Jurisdiction: Delaware
• Title: 24
• Ch. 2: LANDSCAPE ARCHITECTS

Text

(a) The Board of Landscape Architecture shall consist of 5 members appointed by the Governor: 3 professional members who shall be licensed landscape architects; and 2 public members. To serve on the Board, a public member shall not be nor ever have been a landscape architect, nor a member of the immediate family of a landscape architect; shall not have been employed by a landscape architect; shall not have had a material financial interest in the providing of goods and services to landscape architect; and shall not have been engaged in an activity directly related to landscape architecture. Such public member shall be accessible to inquiries, comments and suggestions from the general public.

(b) Each member shall serve for a term of 3 years, and may successively serve 1 additional term; provided however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

(c) A person who has never served on the Board may be appointed to the Board 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c) of this section, unless such amendment or revision amends this section to permit such an appointment.

(e) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(f) No member of the Board of Landscape Architecture, while serving on the Board, shall be a president, chairperson or other official of a professional association of landscape architects.

(g) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board, and to all agents appointed by or otherwise employed by the Board.

(h) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.

Legislative History

60 Del. Laws, c. 190, § 1 ; 63 Del. Laws, c. 461, § 3 ; 67 Del. Laws, c. 368, § 2 ; 67 Del. Laws, c. 385, § 1 ; 68 Del. Laws, c. 91, § 1 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 309, § 1 ; 81 Del. Laws, c. 85, § 1