§ 8-10-1-3 — Ports of Indiana; commission membership; term of office; official bond; compensation

Indiana § 8-10-1-3

• Jurisdiction: Indiana
• Art. 10: PORTS
• Ch. 1: Ports of Indiana─Organization

Text

(a) The ports of Indiana is created as a body both
corporate and politic in the state of Indiana, and the exercise of the
powers conferred by this article in the construction, operation, and
maintenance of a port or project shall be deemed and held to be
essential governmental functions of the state.
(b) The ports of Indiana shall be governed by a commission
consisting of seven (7) members, appointed by the governor, no more
than four (4) of whom shall be members of the same political party.
The members shall be residents of the state, and shall have been
qualified electors therein for a period of at least five (5) years next
preceding their appointment. The members of the commission first
appointed shall continue in office for terms expiring, in the case of two
(2) members, on July 1, 1962, and in the case of three (3) members, on
July 1, 1963, July 1, 1964, and July 1, 1965, and the first two (2)
members appointed after January 1, 1975, shall continue in office for
terms expiring July 1, 1977, for one (1) member and July 1, 1979, for
the other member, respectively, and until their respective successors
shall be duly appointed and qualified. The term of any member of the
commission first appointed shall be designated by the governor. The
successor of each such member shall be appointed for a term of four (4)
years, except that any person appointed to fill a vacancy shall be
appointed to serve only for the unexpired term and until a successor is
duly appointed and qualified, and a member of the commission shall be
eligible for reappointment. The governor may at any time remove any
member of the commission for misfeasance, nonfeasance, or
malfeasance in office. The members of the commission shall, within
ten (10) days after their appointment, meet and qualify by subscribing
an oath to discharge honestly and faithfully the duties of their office as
members of the commission. The commission shall elect one (1) of the
members as chairman and another as vice-chairman, and shall appoint
a secretary-treasurer who need not be a member of the commission.
Four (4) members of the commission shall constitute a quorum, and the
affirmative vote of four (4) members shall be necessary for any official
action taken by the commission. A vacancy in the membership of the
commission does not impair the rights of a quorum to exercise all the
rights and perform all the duties of the commission.
(c) Before the issuance of any revenue bonds under the provisions
of this article:
(1) each appointed member of the commission;
(2) the secretary-treasurer; and
(3) any other employee or agent of the ports of Indiana authorized
by resolution of the commission to handle funds or sign checks;
shall give a surety bond to the state in the penal sum of fifty thousand
dollars ($50,000). Each such surety bond must be conditioned upon the
faithful performance of the individual's duties, to be executed by a
surety company authorized to transact business in the state as surety
and to be approved by the governor and filed in the office of the
secretary of state.
(d) Each appointed member of the commission shall receive an
annual salary of seven thousand five hundred dollars ($7,500), payable
in monthly instalments.
(e) Each member shall be reimbursed for the member's actual
expenses necessarily incurred in the performance of the member's
duties.
(f) All expenses incurred in carrying out the provisions of this
article shall be payable solely from funds provided under the authority
of this article and no liability or obligation shall be incurred by the
ports of Indiana hereunder beyond the extent to which moneys shall
have been provided under the authority of this article.
(g) The commission:
(1) is responsible for implementing the powers and duties of the
ports of Indiana under this article; and
(2) may adopt bylaws for the regulation of the affairs of the
commission and the conduct of the business of the ports of
Indiana.
The commission may delegate to staff, including the chief executive,
such administrative functions as the commission deems necessary or
desirable to accomplish the purposes of the ports of Indiana under this
article. The chief executive may delegate the chief executive's authority
to the appropriate staff.
Formerly: Acts 1961, c.11, s.3; Acts 1975, P.L.84, SEC.1. As
amended by P.L.224-2003, SEC.203 and P.L.271-2003, SEC.3;
P.L.235-2005, SEC.109; P.L.98-2008, SEC.11.