§ 17:1970.24 — Board of directors; creation; membership; terms; powers and duties; voting;

Louisiana § 17:1970.24

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§1970.24. Board of directors; creation; membership; terms; powers and duties; voting;
compensation
A. There is hereby created a New Orleans Center for Creative Arts board of directors
to govern and provide for the management of the center.
B.(1) The board of directors shall be composed of thirteen persons as follows:
(a) Two members as follows:
(i) One member appointed by the Orleans Parish School Board. He may be replaced
by resolution of the school board.
(ii) An employee of the state Department of Education appointed by the state
superintendent of education.
(b) Two members appointed by the governor, at least one of whom shall be a
member of a minority racial group in the state.
(c) One person appointed by the governor who shall be from outside the greater New
Orleans region.
(d) Six persons shall be appointed by the governor from among nominees as follows:
(i) One member from among nominees submitted by the mayor of the city of New
Orleans.
(ii) One member from among nominees submitted either by the presidents of Dillard
University, Xavier University, and Southern University at New Orleans, acting jointly either
personally or by a person designated from among their most senior university colleagues, or
by one such president or his designee for one term alternated with the other presidents or
their designees for subsequent terms, as decided by them jointly.
(iii) Two members from among nominees submitted by the New Orleans Center for
Creative Arts Institute.
(iv) Two members as follows:
(aa) One member from among nominees submitted by the center faculty and
employed as at least a half-time faculty member.
(bb) One member who is an alumnus or alumna of the center selected from among
nominees submitted by the president/chief executive officer of the center.
(e) The member of the Louisiana House of Representatives in whose election district
the center's main campus is located or his designee.
(f) The member of the Louisiana Senate in whose election district the center's main
campus is located or his designee.
(2)(a) Each set of nominees shall contain ranked nominations and not less than twice
the number of nominees as there are positions to be filled on the board by appointment from
among them.
(b)(i) Except as provided in Item (ii) of this Subparagraph, the governor shall provide
those with nominating responsibility and authority, not less than thirty days notice of the
deadline to submit nominations. If the deadline for submission provided by the governor
expires without submission, the governor may fill such board position without reference to
the nomination otherwise required for such position.
(ii) In the case of initial appointments to the board, the governor shall provide as
much notice as possible.
(3) Vacancies on the board shall be filled for the remainder of an unexpired term and
in the same manner and from the same nominating source as was the vacating board member.
C.(1) Except as otherwise provided, all board members shall serve a four-year term
and may be reappointed subject to the nomination process.
(2) The successor of each member shall be appointed in the same manner as his
predecessor unless otherwise provided.
(3) Members of the board shall continue to serve until replaced.
D. Each board member shall serve without compensation, except for the
reimbursement of expenses incurred in the furtherance of duties in compliance with the
provisions for the reimbursement of such expenses to state employees pursuant to regulations
established by the division of administration.
E.(1) The board shall perform or direct the performance of all of the following in
compliance with the provisions of this Part, including the expression of the intentions of the
legislature:
(a) Adopt rules and policies necessary for the efficient and effective operation of the
center.
(b) Monitor criteria to be used in determining the eligibility of applicants for
enrollment.
(c) Transfer and augment the curriculum offered in the center prior to its
establishment as provided in this Part.
(d) Hire and evaluate the president or chief executive officer to manage the center.
(e) Prepare and adopt an annual budget in compliance with the requirements for
budgeting for state agencies.
(f) Pay the salaries and expenses, including but not necessarily restricted to facilities,
equipment, and supplies of the faculty and staff of the center out of funds appropriated or
otherwise made available for the operating and administrative expenses of the board and the
center.
(g) Exercise budgetary responsibility and allocate for expenditure by the center and
programs under its jurisdiction pursuant to its approved budget all monies appropriated or
otherwise made available for purposes of the board and of such center and programs.
(h) Prescribe and select for use in the center free textbooks and other materials of
instruction for children enrolled in the center and programs under its jurisdiction for which
the legislature provides funds.
(i) Notwithstanding any provisions of law to the contrary, prescribe the qualifications
and provide for the certification of teachers.
(j) Notwithstanding any provision of law to the contrary, especially R.S. 17:441 et
seq., adopt rules and regulations under which faculty members may become permanent
employees of the center.
(k) Adopt rules to provide for the audition of any applicant who has not been
auditioned but who meets all other criteria for participation in the program.
(l) Adopt and impose necessary fees in compliance with the Administrative
Procedure Act.
(m) Adopt rules, regulations, and policies necessary to establish a grievance
procedure that shall guarantee a fair hearing and a fair and objective resolution of complaints
on grievances by any nonclassified employee by the president or chief executive officer and,
if necessary, the board.
(n) Applicable to nonclassified employees of the New Orleans Center for Creative
Arts who were employed by the Orleans Parish School Board at the New Orleans Center for
the Creative Arts prior to July 1, 2000, provide for the availability of health insurance
coverage and benefits that result in no diminishment of coverage or benefits over the health
insurance coverage and benefits available to such employees as Orleans Parish school
employees at the time of the transfer or provide sufficient additional salary to compensate
for any diminishment.
(o)(i) Develop a plan to enter into cooperative agreements for the purpose of
providing the educational services provided for in R.S. 17:1970.23(A) to students in city,
parish, and other local school systems in a parish having a population between two hundred
thousand and four hundred thousand persons according to the latest federal decennial census.
The school systems to be included in the plan shall be limited to those which specifically
request the board to enter into such cooperative agreements with them by December 31,
2008.
(ii) Repealed by Acts 2022, No. 374, §2.
(2) The board may:
(a) Accept donations, bequests, or other forms of financial assistance from any public
or private person or agency and comply with rules and regulations governing grants from the
federal government or from any other person or agency that are not in contravention of the
constitution and laws of this state.
(b) Purchase land, buildings, and equipment and make improvements to facilities
necessary for the use of the center, in accordance with applicable law.
(c) Lease land or other property belonging to it or to the center, subject to the
approval of the commissioner of administration and in accordance with law.
(d) Sell or exchange land or other real property not needed for center purposes, but
only when specifically authorized by law and then only in accordance with the approval of
the commissioner of administration. Any sale shall be authorized by resolution adopted by
the board, and the act of sale shall be signed by the president of the board or such other
person to whom the signing may be delegated by the board in the authorizing resolution.
(e) Adopt, amend, or repeal rules and policies necessary or proper for the conduct
of the business of the board.
(f) Award certificates for successful completion of programs of study. All such
certificates shall be in addition to a regular high school diploma which shall be issued by the
state board in accordance with the provisions of R.S. 17:6(11) to any student who
successfully completes the program of study adopted by the state board. The center may
grant a state-issued high school diploma to any student who successfully meets minimum
high school graduation requirements as established by the state board.
(g) To the extent that funds are available, enter into contracts and agreements, in
accordance with applicable law, with other public agencies with respect to cooperative
enterprises and undertakings related to or associated with an educational purpose or programs
affecting education in the center. This shall not preclude the board from entering into other
such contracts and agreements that it may deem necessary to carry out its duties and
functions.
(h) Perform such other functions as are necessary to the supervision and control of
those phases of education and creative arts programming under its supervision and control.
(i) Delegate to center administrators such of its powers and duties as it determines
appropriate to aid the efficient administration.
(j) Work cooperatively with, and as appropriate contract with the New Orleans
Center for Creative Arts Institute, a nonprofit entity established for the purpose of providing
support to the center.
F. Seven members of the board shall constitute a quorum for the transaction of
business, and all official action of the board shall require the favorable vote of a majority of
those members present and voting. All members of the board shall be voting members.

Legislative History

Acts 2000, 1st Ex. Sess., No. 60, §2, eff. July 1, 2000; Acts 2008, No. 741, §1; Acts 2010, No. 525, §2, eff. June 24, 2010; Acts 2014, No. 211, §1; Acts 2015, No. 389, §1, eff. July 1, 2015; Acts 2022, No. 374, §§1, 2.